Attachment A - Chapter 28

City of Phoenix — Transportation, Infrastructure and Innovation Subcommittee (2020-09-02)

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Attachment A
Chapter 28
SEWERS
Article I. General

Sec. 28-1.
Definitions.
Sec. 28-2. Water Services Department—Administration.
Sec. 28-3. Water Services Department—Duties—Water Services Director.
Sec. 28-4. Interference with the Water Services Department; digging up
streets without a permit; tampering with equipment prohibited.
Sec. 28-5.
Property owner responsible for cleaning, repair, and replacement
of building sewers and connections.
Sec. 28-5.1.
Sewer service line repair and replacement in the public right-of-
way.
Article II. Use of Public Sewers and Limitations

Sec. 28-6.
Unsanitary disposal of SEWAGE AND excrement prohibited.
Sec. 28-7.
Treatment of polluted wastes required.
Sec. 28-8.
General user requirementsPROHIBITIONS AND EFFLUENT
LIMITS.
Sec. 28-9.
Authority of Director to establish prohibitions and effluent
limitationsLIMITS.
Sec. 28-9.1.
Authority of Director to require best management practices.
Sec. 28-10.
Preliminary treatmentPRETREATMENT SYSTEMS, DEVICES,
AND FACILITIES—Required approval.
Sec. 28-11. Preliminary treatmentPRETREATMENT—Maintenance of
SYSTEMS, DEVICES, AND facilities.
Sec. 28-11.1. PRETREATMENT-BYPASS.
Sec. 28-12. Interceptors—Required.
Sec. 28-13. Interceptors—Type; capacity; location.
Sec. 28-14. Interceptors—Construction of grease and oil interceptors.
Sec. 28-15. Interceptors—Maintenance.
Sec. 28-16. Control manholesADOPTION OF CITY DESIGN STANDARDS
MANUAL FOR WATER AND WASTEWATER SYSTEMS.
Sec. 28-17. Right of entry for inspection.
Sec. 28-18. Discharges to be reported.
Sec. 28-19. Tests and analysesRESERVED.

Sec. 28-20. Reserved.
Article III. Sewer Extensions

Sec. 28-21. Approval by City Engineer and Director requiredEXTENSIONS –
CONNECTIONS WITH THE COLLECTION SYSTEM.
Sec. 28-22. Construction and ownership of public sewer lines and other
equipment maintained by Water Services Department.
Sec. 28-23. Sewer main extension policy for areas beyond present City trunk
lines; establishment of a repayment programSEWER
REPAYMENT PROGRAM FOR CLASS 1 AND CLASS 2 OFF-
SITE INFRASTRUCTURE NEEDED FOR DEVELOPMENT.
Sec. 28-24. Sewer extensions in advance of a sewer assessment
districtRESERVED.
Sec. 28-25. Private sewerage systems—Construction and maintenance within
City prohibited generally.
Sec. 28-26. Private sewerage systems—WhenLIMITED INSTANCES
permitted; to be constructed and maintained in sanitary manner.
Article IV. Connections to Public Sewers and Charges

Sec. 28-27. Permit required.
Sec. 28-27.1. TEMPORARY DISCHARGE AUTHORIZATION REQUIRED.
Sec. 28-28. Application for sewer tap; sewer dye test.
Sec. 28-29. Planning and Development Director to approve APPROVAL OF
design, quantity, location, size, and construction of sewer
servicesCONNECTIONS.
Sec. 28-30. Special provisions for installing sewer taps in new subdivisions
and developments.
Sec. 28-31. Records to be kept by Water Services Department.
Sec. 28-32. Installation of sewer taps.
Sec. 28-33. ReservedADOPTION OF CITY DESIGN STANDARDS MANUAL
FOR WATER AND WASTEWATER SYSTEMS.
Article V. Sewer Service Charges

Sec. 28-34. Method of developing sewer service charges.
Sec. 28-35. Determination of sewage quantityDISCHARGE VOLUME.
Sec. 28-36. Determination of wastewater quality.
Sec. 28-37. Other user charge provisions.
Sec. 28-38. Other sewer service charges.
Sec. 28-39. Sewer service rates and charges within and without the City.

Sec. 28-40. Reserved.
Sec. 28-41. Payment of bills and charges.
Sec. 28-41.1. Application for service.
Sec. 28-41.2. Financial responsibility deposits.
Sec. 28-41.3. Errors in sewer fees.
Sec. 28-42. Reserved.
Sec. 28-43. Distribution of sewerage system revenues and utilization of funds.
Article VI. Industrial User and Pretreatment Requirements

Sec. 28-44. General industrial user requirements.
Sec. 28-44.1. AUTHORIZED REPRESENTATIVE; CERTIFICATION
STATEMENT.
Sec. 28-44.2. COMPLIANCE SAMPLING POINTS.
Sec. 28-44.3. ANALYTICAL REQUIREMENTS.
Sec. 28-44.4. SAMPLE COLLECTION.
Sec. 28-44.5. INDUSTRIAL USER REPORTING AND RECORDKEEPING
REQUIREMENTS.
Sec. 28-44.6. SIGNIFICANT INDUSTRIAL USER PERIODIC COMPLIANCE
REPORT REQUIREMENTS.
Sec. 28-44.7. CATEGORICAL INDUSTRIAL USER BASELINE MONITORING
REQUIREMENTS.
Sec. 28-44.8. COMPLIANCE WITH CATEGORICAL PRETREATMENT
STANDARD DEADLINE REPORTS.
Sec. 28-45. Significant iIndustrial user PERMIT GENERAL requirements.
Sec. 28-45.1. Special dischargesINDIVIDUAL INDUSTRIAL USER PERMITS.
Sec. 28-45.2. GENERAL SIGNIFICANT INDUSTRIAL USER PERMITS.
Sec. 28-45.3. CATEGORICAL INDUSTRIAL USER PERMIT LIMITS.
Sec. 28-46. Authority of the DirectorINDIVIDUAL AND GENERAL PERMITS.
Sec. 28-46.1. Permit appeals process.
Sec. 28-46.2. PRETREATMENT PROGRAM COMPLIANCE.
Sec. 28-46.3. PRETREATMENT PROGRAM NONCOMPLIANCE.
Sec. 28-46.4. PRETREATMENT PROGRAM SIGNIFICANT
NONCOMPLIANCE.
Sec. 28-46.5. RESPONSE TO PRETREATMENT PROGRAM
NONCOMPLIANCE.
Sec. 28-46.6. PENALTIES FOR PRETREATMENT PROGRAM
NONCOMPLIANCE.
Sec. 28-46.7. PUBLIC PARTICIPATION AND NOTIFICATION.
Sec. 28-46.8. POTW USERS OUTSIDE CITY JURISDICTIONAL
BOUNDARIES.

Sec. 28-47. Confidential informationTRADE SECRET PROTECTION.
Sec. 28-48 - 28-52. Reserved.
Article VII. Accidental Discharge

Sec. 28-53. Permittee provides protectionACCIDENTAL OR SLUG
DISCHARGE CONTROL PLANS.
Sec. 28-54. Permittee shall notify City of aAccidental OR SLUG discharge
NOTIFICATION.
Sec. 28-55. Permittee will notify employeesUSER EMPLOYEE NOTICE.
Sec. 28-56. Permittee shall labelLABELING potential accidental discharge
points.
Article VIII. Citizens’ Wastewater Rate Advisory Committee

Sec. 28-57. Citizens’ Wastewater Rate Advisory Committee—Composition;
appointment.
Sec. 28-58. Citizens’ Wastewater Rate Advisory Committee—Functions and
purposes.
Sec. 28-59 - 28-70. Reserved.
Article IX. Reserved

Sec. 28-71 - 28-80.1. Reserved.
Article X. Enforcement

Sec. 28-81. Enforcement of chapter.
Sec. 28-82. Criminal penalty.
Sec. 28-83. Civil penalty.
Sec. 28-84. Remedies.
Sec. 28-85.
TERMS AND CONDITIONS OF SEWER SERVICE.
Sec. 28-86 - 28-89. Reserved.
Article XI. Sewer Environmental Charge

Sec. 28-90. Definitions for article XI.
Sec. 28-91. Purpose of sewer environmental charge.
Sec. 28-92. Sewer environmental rate.
Sec. 28-93. Payment of bills and charges.
Sec. 28-94. Utilization of environmental charge revenues.

ARTICLE I. GENERAL
Sec. 28-1. Definitions.
For the purpose of this chapter, the followingDEFINED words and terms shall have the
following meanings THE FOLLOWING, unless the context indicates otherwise:
Approval authority: The Director in an NPDES state with an approved state
pretreatment program and the appropriate U.S. Environmental Protection Agency (EPA)
regional administrator in a non-NPDES state or NPDES state without an approved state
pretreatment program.
Approved laboratory procedures: The measurements, tests and analyses of the
characteristics of water and wastes in accordance with analytical procedures as
established in title 40, Code of Federal Regulations, part 136, as revised, that are
performed by an environmental laboratory licensed by the State pursuant to A.R.S. tit.
36, ch. 43 (A.R.S. § 36-495 et seq.). Alternative procedures may be approved by the
Director in accordance with applicable federal regulations.
Average quality: The arithmetic average (weighted by flow value) of all the "daily
determinations of concentrations," as that term is defined herein, made during a
calendar month.
Best management practices (BMPSs): shall meanTHE schedules of activities, pollution
treatment practices or devices, prohibition of practices, general good housekeeping
practices, pollution prevention, waste minimization, educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the
amount of pollutants entering the sanitaryPUBLIC sewer system, surface water, air,
land, or groundwater. Best management practicesBMPs may include a physical,
chemical, structural, or managerial practice or device that can helpS to achieve
compliance with this chapter.
BOD (bBiochemical oOxygen dDemand)(BOD): The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory conditions for five5
days at a temperature of twenty20 degrees centigrade, expressed in milligrams per liter.
Branch sewer: An arbitrary term for a sewer whichTHAT receives
sewageWASTEWATER from more than one public sewer from a relatively small area.
Building connection: The extension from a sewer tap to the property line, or to the
easement line of the property to be served.

Building Official: The Director of the Planning and Development Department, or his
authorized representative.
Building sewer: The extension from the building drain to the building connection or other
place of disposal.
Bypass: The intentional diversion of wastes from any portion of aN INDUSTRIAL
USER’S PRETREATMENT SYSTEMS, DEVICES, ORtreatment facility.
CATEGORICAL INDUSTRIAL USER (CIU): AN INDUSTRIAL USER SUBJECT TO A
CATEGORICAL STANDARD.
Categorical PRETREATMENT standards (national/federal categorical pretreatment
standards): Those sStandards promulgated by the U.S. Environmental Protection
Agency (EPA) under the authority of section 307 (b) and (c) of the Clean Water Act (33
United States Code section 1317) whichTHAT apply to a specific category of industrial
user, and which are published in 40 Code of Federal RegulationsCFR chapter I,
subchapter N (parts 405—471), and are HEREBY incorporated in this chapter by
reference.
CFR: Code of Federal Regulations.
City: City of Phoenix.
COD (cChemical oOxygen dDemand)(COD): The quantity of oxygen consumed from a
chemical oxidation of inorganic and organic matter present in the water or wastewater,
expressed in milligrams per liter.
CITY: THE CITY OF PHOENIX.
CITY DESIGN STANDARDS: CITY DESIGN STANDARDS MANUAL FOR WATER
AND WASTEWATER SYSTEMS AS DESCRIBED IN SECTION 28-16.
CODE OF FEDERAL REGULATIONS (CFR): THE CODIFICATION OF THE GENERAL
AND PERMANENT RULES AND REGULATIONS PUBLISHED IN THE FEDERAL
REGISTER BY THE EXECUTIVE DEPARTMENTS AND AGENCIES OF THE
FEDERAL GOVERNMENT OF THE UNITED STATES.
Commercial user: Any nonresidential user which provides a service or one connected
with commerce and which is not classified as an industrial user. The Director maintains
a list of the types of businesses that are commercial users and has the authority to
classify specific users.

COMMISSARY: A FOOD SERVICE ESTABLISHMENT THAT ACTS AS A BASE
OF OPERATION FOR A MOBILE FOOD ESTABLISHMENT.
COMPLIANCE SAMPLING POINT: A MANHOLE, PETCOCK, VALVE,
SAMPLING PORT, OPEN-CHANNEL FLOW DEVICE, OR OTHER WASTE
PLUMBING DEVICE DESIGNATED BY THE DIRECTOR FOR MONITORING
WASTEWATER FLOWS AND FOR COLLECTION OF SAMPLES FOR
DETERMINING COMPLIANCE WITH EFFLUENT LIMITS.
Composite sample: A combination of individual samples obtained at regular intervals
over a specified time period. The volume of each individual sample shall beIS either
proportional to the flow rate during the sample period (flow composite) or constant and
collected at equal time intervals during the composite period (time composite) as
defined in the permit.
Composite sample quality: The concentration of some parameter tested in a "composite
sample," as that term is defined herein.
Cooling water: The clean wastewater discharged from any heat transfer system such as
condensation, air conditioning, cooling or refrigeration.
CUSTOMER: IS ANY PERSON THAT HAS A CITY WASTEWATER SERVICE
ACCOUNT IN THEIR NAME OR IS A USER OF THE POTW.
DAILY MAXIMUM: THE ARITHMETIC AVERAGE OF ALL EFFLUENT SAMPLES FOR
A POLLUTANT COLLECTED DURING A SAMPLING DAY. CITY SAMPLES MAY
NOT BE COMBINED WITH NON-CITY SAMPLES TO DETERMINE COMPLIANCE
WITH THE DAILY MAXIMUM.
DAILY MAXIMUM LIMIT: THE MAXIMUM ALLOWABLE DISCHARGE LIMIT OF A
POLLUTANT DURING A SAMPLING DAY. WHERE DAILY MAXIMUM LIMITS ARE
EXPRESSED IN UNITS OF MASS, THE DAILY DISCHARGE IS THE TOTAL MASS
DISCHARGED OVER THE COURSE OF THE DAY. WHERE DAILY MAXIMUM LIMITS
ARE EXPRESSED AS A CONCENTRATION, THE DAILY DISCHARGE IS THE
ARITHMETIC AVERAGE MEASUREMENT OF THE POLLUTANT CONCENTRATION
DERIVED FROM ALL MEASUREMENTS TAKEN THAT DAY.
Daily average effluent limitation: The maximum allowable concentration in the discharge
as measured in a representative sample during a sampling day. In determining
compliance with the daily average effluent limitation, City samples shall not be
combined with non-City samples.
DAY: IS A CALENDAR DAY UNLESS STATED OTHERWISE.
Department: The Water Services Department of the City of Phoenix.

DEPARTMENT REPRESENTATIVE: AN EMPLOYEE OF THE DEPARTMENT OR A
PERSON UNDER CONTRACT TO PERFORM WORK FOR THE DEPARTMENT.
Developer: Any person THAT SUBDIVIDES LAND OR CONSTRUCTS,
RECONSTRUCTS, CONVERTS, STRUCTURALLY ALTERS, RELOCATES, OR
ENLARGES ANY STRUCTUREengaged in the organizing and financing of a
wastewater collection system within an area contributing to a branch, main, or a trunk
sewer of the City sewer system. Such may be either a subdivider or a legally constituted
improvement district.
Director: The CITY Water Services Director of the Water Services Department, or hisA
PERSON DESIGNATED IN WRITING BY THE DIRECTOR TO ACT ON THE
DIRECTOR’S BEHALFauthorized deputy, agent, or representative.
Discharge: The disposal of any sewageWASTEWATER, pollutant(s), water, or any
liquid BY Afrom any sewer user into the POTWsewerage system.
Domestic user: Any user who discharges only domestic wastewater.
Domestic waste: A typical, residential-type waste whichTHAT requires no pretreatment
under the provisions of this chapter before THE WASTE IS DISCHARGEDdischarging
into the PUBLICsanitary sewer system, AND THAT EXCLUDESexcluding all
commercial, manufacturing, and industrial wastes.
Domestic wastewater: Any wWaterborne wastes, THAT ARE derived from the ordinary
living processes in a residential dwelling unit, THAT MAY BE SATISFACTORILY
DISPOSED OFof such character as to permit satisfactory disposal, without special
treatment, by conventional POTW processes.
ENVIRONMENTAL PROTECTION AGENCY (EPA): The United States Environmental
Protection Agency.
Establishment, plant: Any establishment or plant THAT PRODUCESproducing liquid
waste, WHICH MAY CONTAINwith or without suspended solids, THAT MUSTrequired
to be discharged into the PUBLICCity sewer system.
EXISTING SOURCE: A BUILDING, STRUCTURE, FACILITY, OR INSTALLATION
FROM WHICH THERE IS OR MAY BE A DISCHARGE OF POLLUTANTS THAT IS
NOT A NEW SOURCE AS SET FORTH IN 40 CFR SECTION 403.3(M).
FATS, OILS, AND GREASE (FOG): A VEGETABLE-BASED OR ANIMAL-BASED
SUBSTANCE THAT IS USED IN OR RESULTS FROM FOOD COOKING OR
PREPARATION, AND THAT BECOMES VISCOUS OR SOLIDIFIES WITH A
CHANGE IN TEMPERATURE OR OTHER AMBIENT CONDITIONS.

FOOD SERVICE ESTABLISHMENT (FSE): A USER OPERATING IN A
PERMANENTLY CONSTRUCTED STRUCTURE, BUILDING, OR ROOM,
MAINTAINED, USED, OR OPERATED IN WHOLE OR PART TO STORE, PREPARE,
SERVE, MANUFACTURE, PACKAGE, OR OTHERWISE HANDLE FOOD FOR SALE
THAT USES OR PRODUCES FOG.
Free access: The ability of A DEPARTMENT REPRESENTATIVECity personnel to
PROMPTLY AND FREELY enter A user’S PROPERTY OR facilitYies under safe and
non-hazardous conditions with a minimum of delay to inspect any and all parts of the
user’s PROPERTY OR facility FOR COMPLIANCE WITH THE REQUIREMENTS OF
THIS CHAPTER.
Garbage: Solid wastes from the preparation, cooking, and dispensing of food and from
the handling, storage, and sale of produceSWILL, OFFAL, AND ANY ACCUMULATION
OF SPOILED, PARTIALLY OR FULLY DECOMPOSED, ROTTING, OR DISCARDED
ANIMAL, VEGETABLE, OR OTHER MATTER THAT ATTENDS THE PREPARATION,
HANDLING, CONSUMPTION, STORAGE, OR DECAY OF PLANT OR ANIMAL
MATTER INCLUDING MEAT, FISH, FOWL, BUDS, FRUIT, VEGETABLE, OR DAIRY
PRODUCTS AND THEIR WRAPPERS AND CONTAINERS.
Generator: A person who generates septage.
Grab sample: An individual sample of effluent collected in less than fifteen15 minutes
OR LESS, without regard TOfor flow or time of day.
GRAVITY INTERCEPTOR: A PLUMBING APPURTENANCE OR APPLIANCE
THAT IS INSTALLED IN A SANITARY OR WASTE DRAINAGE SYSTEM TO
INTERCEPT SOLID OR VISCOUS POLLUTANTS, FOG, PETROLEUM OIL,
NON-BIODEGRADABLE CUTTING OIL, OR PRODUCTS OF MINERAL OIL
ORIGIN FROM WASTEWATER DISCHARGE AND IS IDENTIFIED BY
VOLUME, AND GRAVITY SEPARATION.
Grab sample quality: The concentration of some parameter tested in a grab sample, as
that term is defined herein.
HYDROMECHANICAL INTERCEPTOR: A PLUMBING APPURTENANCE OR
APPLIANCE THAT IS INSTALLED IN A SANITARY DRAINAGE SYSTEM TO
INTERCEPT NONPETROLEUM FOG FROM WASTEWATER DISCHARGE
AND IS IDENTIFIED BY FLOW RATE AND CAPACITY.
Industrial discharge: AnyDISCHARGE introduction into the POTW of a nondomestic
pollutant whichTHAT IS NOT DOMESTIC WASTEWATER AND THAT:

(a) Is produced by a source which would be subject to any categorical
PRETREATMENT standards or pretreatment requirements if such source were to
be discharged to the POTW; or
(b) Contains any substance or pollutant for which a discharge limitation or
prohibition has been established by any categorical standard or pretreatment
requirement.
Industrial user: IS A PERSON THAT:
(a) IS AA source of industrial discharge; or
(b) IS AAny nonresidential user of the POTW sewer system whichTHAT
discharges more than the equivalent strength of twenty-five thousand25,000
gallons per day of domestic wastes;
(c) IS AAny significant industrial user;
(d) Has cControlS over the disposal of a waste as described in (a), (b), or (c)
above; or
(e) Has the right of possessionPOSSESSES ORand controlS over any property
whichTHAT produces a waste as described in (a), (b), (c), or (d) above.
Industrial waste: Any SLUDGE, liquid, OR free-flowing waste, including cooling water,
resulting from any industrial or manufacturing process or from the development,
recovery, or processing of natural resources, with or without suspended solids,
excluding uncontaminated water.
Inflow: Water other than wastewater that enters THE PUBLICa sewerage system
(including sewer service connections) from sources such as roof leaders, cellar drains,
foundation drains, drains from springs and swampy areas, manhole covers, cross
connections between storm sewersDRAINS and sanitary sewers, catch-basins, cooling
towers, stormwaters, surface runoff, street wash waters, or drainage.
Instantaneous effluent limitationLIMIT: The maximum allowablePOLLUTANT
concentration ALLOWED TO BEin the dischargeD at any time. COMPLIANCE WITH
THE INSTANTANEOUS LIMIT IS DETERMINED FROM AN ANALYSIS OF THE
COLLECTED DISCRETE OR COMPOSITE SAMPLE INDEPENDENT OF THE
INDUSTRIAL FLOW RATE AND DURATION OF THE SAMPLING EVENTas
measured in a grab sample. In determining compliance with the instantaneous effluent
limitation, City samples shall not be combined with non-City samples.

Interference: A discharge whichTHAT, alone or in conjunction with a discharge or
discharges from other sources, both:
(a) Inhibits or disrupts the POTW, OR its treatment processes, or operations, or
its sludge processes, use or disposal ACTIVITIES; and
(b) Therefore is a cause ofCAUSES a violation of any requirement of any
environmentally related permit issued by a governmental entity (including an
increase in the magnitude or duration of a violation), or of the prevention
ofPREVENTS sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued thereunder (or more
stringent State or local regulations): section 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) (including title II, more commonly referred to as the
Resource Conservation and Recovery Act (RCDARCRA), and including State
regulations contained in any state sludge management plan prepared pursuant to
subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and
the Marine Protection, Research and Sanctuaries Act.
Lateral sewer: A sewer that discharges into a branch or other sewer and has no other
SEWER THAT DICHARGES INTOcommon tributary to it.
LOCAL LIMITS: SPECIFIC DISCHARGE LIMITS DEVELOPED BY THE CITY
THAT APPLY TO INDUSTRIAL OR COMMERCIAL FACILITIES THAT
IMPLEMENT THE GENERAL AND SPECIFIC DISCHARGE PROHIBITIONS SET
FORTH IN 40 CFR 403.5(A)(1) AND (B).
Main sewer: A sewer whichTHAT receives sewageWASTEWATER from two2 or more
branch sewers as tributaries.
Maintenance: Keeping the POTWsewerage works in a state of repair, including
expenditures necessary to maintain the PERFORMANCE AND capacity (capability), for
which said works were IT WAS designed and constructed.
MEDICAL WASTE: ISOLATION WASTE, INFECTIOUS AGENTS, HUMAN
BLOOD AND BLOOD PRODUCTS, PATHOLOGICAL WASTE, SHARPS, BODY
PARTS, CONTAMINATED BEDDING, SURGICAL WASTE, POTENTIALLY
CONTAMINATED LABORATORY WASTE, AND DIALYSIS WASTE.
MONTHLY AVERAGE: THE SUM OF ALL “DAILY DISCHARGES” MEASURED
DURING A CALENDAR MONTH DIVIDED BY THE NUMBER OF “DAILY
DISCHARGES” MEASURED DURING THE MONTH.
MONTHLY AVERAGE LIMITS: THE HIGHEST ALLOWABLE AVERAGE OF
“DAILY DISCHARGES” OVER A CALENDAR MONTH, CALCULATED AS THE
SUM OF ALL “DAILY DISCHARGES” MEASURED DURING A CALENDAR

MONTH DIVIDED BY THE NUMBER OF “DAILY DISCHARGES” MEASURED
DURING THAT MONTH.
National pretreatment standard: Any regulation containing pollutant discharge limits
promulgated by EPA in accordance with section 307(b) and (c) of the Clean Water Act
(33 United States Code section 1317 et seq.) whichTHAT applies to industrial users.
This term includes prohibitive discharge limits established pursuant to 40 Code of
Federal RegulationsCFR section 403.5.
Natural outlet: Any outlet into a watercourse, ditch, or other body of surface or ground
water.
New source: 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 underPURSUANT TO section 307(c) of the Clean
Water Act THAT WERE ADOPTED BY EPAwhich will be applicable to such source if
such standards are thereafter promulgated in accordance with that section, and as
stated in detail SET FORTH in 40 Code of Federal RegulationsCFR section 403.3(km).
NON-CONTACT COOLING WATER: WATER USED FOR COOLING THAT DOES
NOT COME INTO DIRECT CONTACT WITH A RAW MATERIAL,
INTERMEDIATE PRODUCT, WASTE PRODUCT, OR FINISHED PRODUCT.
NON-SIGNIFICANT INDUSTRIAL USER (NSIU): AN INDUSTRIAL USER THAT
THE DIRECTOR DETERMINES HAS AN INDUSTRIAL DISCHARGE THAT
CAUSES OR HAS THE REASONABLE POTENTIAL TO CAUSE HARM OR
DAMAGE TO THE POTW, WORKER SAFETY, PUBLIC SAFETY, OR THE
ENVIRONMENT.
NPDES OR AZPDES permit: A Nnational Ppollutant Ddischarge Eelimination Ssystem
(NPDES) permit, issued to the City by the EPA, or an Arizona Pollutant Discharge
Elimination System Permit(AZPDES) PERMIT, issued to the City by the State of
Arizona, which imposes standards governing the quality of the treated effluent
discharged from the POTW into a navigable waterS of the United States.
Oil and grease: The measure of oil and grease content of a sample as determined by
EPA Method 413.1, or other equivalent test method approved by the Director.
Oil and grease (TPH): For purposes of determining compliance with the oil and grease
limitation contained in section 28-45(b), oil and grease is defined as the measure of the
petroleum and mineral oil (total petroleum hydrocarbons (TPH)) content of a sample as
determined by EPA Method 418.1, or other equivalent test method approved by the
Director.

Pass-through: A discharge which exitsFROM the POTW into waters of the United
States in quantities or concentrations whichTHAT, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation ofVIOLATES any
requirement of the POTW NPDES OR AZPDES permitS (including an increase in the
magnitude or duration of a violation) or whichTHAT causes or contributes to a violation
of an applicable numeric or narrative water quality standard.
Permit: A written WASTEWATER DISCHARGE control mechanism that the Director
issues to particular users or classes of users under the authority of THIS chapter 28 of
the City Code.
Permittee, permit holder: Any person, firm, association, corporation, or trust whichTHAT
owns, operates, processes, or controls PROPERTY, A FACILITY, EQUIPMENT OR
PROCESSESan establishment or plant being operated under a valid permit to
discharge wastewater into the POTWCity sewer system.
Person: Any individual, partnership, co-partnership, firm, company, corporation,
association, ORGANIZATION, joint stock company, trust, state, municipality, Indian
tribe, LEGALLY CONSTITUTED IMPROVEMENT DISTRICT, political subdivisions of
the State or federal governmental agency, or any other legal entity, including their legal
representatives, agents or assigns.
pH: The logarithm of reciprocal of the weight of hydrogen ions in grams per liter of
solutionA MEASURE OF THE ACIDITY OR ALKALINITY OF A SOLUTION,
EXPRESSED IN STANDARD UNITS.
PLANNING AND DEVELOPMENT DIRECTOR: THE DIRECTOR OF THE PLANNING
AND DEVELOPMENT DEPARTMENT, OR A PERSON DESIGNATED IN WRITING BY
THE DIRECTOR TO ACT ON THE DIRECTOR’S BEHALF.
Pollutant: Any dDredged spoil, solid waste, incinerator residue, SEWAGE, GARBAGE,
sewage sludge, munitions, MEDICAL WASTE, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt,
and industrial, municipal and agricultural wastes, AND CERTAIN
CHARACTERISTICS OF WASTEWATER (E.G. PH, TEMPERATURE, TSS,
TURBIDITY, COLOR, BOD, COD, TOXICITY, OR ODOR). This includes any
substance andOR effluent limitation identified in THIS cChapter 28 of the City Code.
Pollution prevention: Source reduction and other practices that reduce or eliminate the
creation of pollutants through:
(a) Increased efficiency in the use of raw materials, energy, water, or other
resources; or

(b) Protection of natural resources by conservation.
POTW: Publicly owned treatment works and connecting sewer collection system which
are owned and/or operated, in whole or in part, by the City and which provide the City
with wastewater collection and disposal services.
POTW residuals: All POTW effluent and/or solids, including sludge, scum, screenings
and grit, which are the byproduct of wastewater treatment operations and which must
be discharged to the environment for ultimate disposal and/or reuse.
Pretreatment: 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 REDUCTION OR
ALTERATION CAN BE ACHIEVED BY PHYSICAL, CHEMICAL, OR BIOLOGICAL
PROCESSES; BY PROCESS CHANGES; OR BY OTHER MEANS; EXCEPT BY
DILUTING THE CONCENTRATION OF THE POLLUTANTS UNLESS ALLOWED BY
AN APPLICABLE PRETREATMENT STANDARD.The physical, chemical, biological or
other treatment of any industrial discharge prior to discharge to the POTW, for the
purpose of:
(a) Reducing the amount or concentration of any pollutant; or
(b) Eliminating the discharge or any pollutant; or
(c) Altering the nature of any pollutant characteristic to a less harmful state.
PRETREATMENT DEVICE: EQUIPMENT, MATERIAL, DEVICES,
STRUCTURES, OR FACILITIES TO REDUCE, ELIMINATE, OR ALTER THE
NATURE OF POLLUTANT PROPERTIES IN WASTEWATER BEFORE OR IN
LIEU OF INTRODUCING POLLUTANTS INTO THE POTW.

Pretreatment requirements: All of tThe duties or responsibilities RELATED TO
PRETREATMENT imposed upon POTW users by this chapter, OTHER THAN A
PRETREATMENT STANDARD.
PRETREATMENT STANDARDS: PROHIBITED DISCHARGE STANDARDS,
CATEGORICAL PRETREATMENT STANDARDS, AND LOCAL LIMITS.
Producer: Any person, firm, association, corporation or trust which owns, operates,
possesses or controls an establishment or plant, whether or not a permittee.

PROHIBITIED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES:
ABSOLUTE PROHIBITIONS AGAINST THE DISCHARGE OF CERTAIN
SUBSTANCES AS SET FORTH IN SECTION 28-8.
Properly shredded garbage: 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 of an inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW): Publicly ownedTHE treatment
works and connecting sewer collection system which areTHAT IS owned and/or
operated, in whole or in part, by the City and whichTO provide the City with wastewater
collection and disposal services. THE POTW INCLUDES ANY DEVICES OR
SYSTEMS USED IN THE COLLECTION, STORAGE, TREATMENT, RECYCLING,
AND RECLAMATION OF SEWAGE OR INDUSTRIAL WASTE, AND ANY
CONVEYANCES THAT TRANSPORT WASTEWATER TO THE CITY’S
WASTEWATER TREATMENT PLANT.
Public sewer: A branch, main, or trunk sewer controlled and maintained by the City of
Phoenix THAT CARRIES WASTEWATER AND TO WHICH STORMWATER,
SURFACE WATER, AND GROUNDWATER MAY NOT BE INTRODUCED.
PUBLISHED BY THE DEPARTMENT: PUBLICATION OF WRITTEN
INFORMATION, MATERIALS, OR DOCUMENTS BY THE DEPARTMENT IN A
MANNER INTENDED TO PROVIDE NOTICE TO INTERESTED OR AFFECTED
PARTIES. PUBLICATION MAY BE ACCOMPLISHED BY DIRECT MAIL,
CONSPICUOUS POSTING AT CITY FACILITIES, OR POSTING ON THE
DEPARTMENT’S WEBSITE.
Recycling: A material is recycled if it is used, reused, or reclaimed. A material is used or
reused if it is either: (a) employed as an ingredient (including its use as an intermediate)
to make a product; however a material will not satisfy this condition if distinct
components of the material are recovered as separate end products (as when metals
are recovered from metal containing secondary materials), or (b) employed in a
particular function as an effective substitute for a commercial product. A material is
reclaimed if it is processed to recover a useful product or if it is regenerated. Examples
OF RECLAIMED MATERIAL include the recovery of lead values from spent batteries
and the regeneration of spent solvents.
Replacement: Those expenditures made for obtaining and installingTHE
INSTALLATION OF equipment, accessories, and/or appurtenances during the useful
life of the treatment worksPOTW whichTHAT are necessary to maintain the capacity

and performance of the treatment worksPOTW for which they wereIT WAS designed
and constructed.
Representative sample: A SAMPLE THAT MIMICS THE VOLUME AND NATURE OF
THE DISCHARGE, REFLECTS THE NORMAL PROCESS OR OPERATING CYCLE
OF THE FACILITY, AND THAT IS COLLECTED USING TECHNIQUES SPECIFIED IN
40 CFR 136.3 AT A DESIGNATED COMPLIANCE SAMPLING POINT LOCATED
DOWNSTREAM OF PRETREATMENT AND UPSTREAM OF OTHER
CONFLUENCES.A composite sample obtained by flow proportional sampling
techniques where feasible. When the Director determines that flow-proportional
composite sampling is infeasible, the Director may allow or conduct composite sampling
by time-proportional techniques or by the compositing or averaging of one or more grab
samples.
Sanitary sewer: A sewer which carries sewage and to which stormwaters, surface
waters and groundwaters are not intentionally admitted.
Septage: LIQUID OR SOLID MATERIAL REMOVED FROM A SEPTIC TANK,
CESSPOOL, PORTABLE TOILET, HOLDING TANK, OR SIMILAR TREATMENT
WORKS THAT RECEIVES DOMESTIC, COMMERCIAL, OR INDUSTRIAL
WASTEWATER AND INCLUDES GREASE REMOVED FROM A GREASE
INTERCEPTOR AT A FOOD SERVICE ESTABLISHMENT.Aerobic wastewater
originating from a domestic source, be it from a residential, commercial, or industrial
facility, that is not hazardous waste and is compatible with the biological wastewater
treatment plant process.
Sewage: A combination of water-carried wastesHUMAN EXCREMENT AND GRAY
WATER (E.G. WATER FROM SHOWERS, TUBS, SINKS, DISHWASHING
OPERATIONS, ETC.) from residences, businessES buildings, institutions, and industrial
establishments, together with such groundwaters, surface waters, and stormwaters as
may be present.
Sewage treatment plant: Any arrangement of devices and structures used for treating
sewage.
Sewage works: All facilities for collecting, pumping, treating, and disposing of sewage.
As used in this chapter the term "sewer system" or "sewerage works" shall have the
same meaning and definition as "sewage works."
Sewer: A pipe or conduit DESIGNED AND USED TO CARRY WASTEWATERfor
carrying sewage.
SEWER SYTEM: THE CITY SEWER SYSTEM CONSISTS OF THE POTW.

Sewer tap: The wye, saddle, or other device placed on a public sewer to receive a
building connection.
Significant industrial user:
(a) All users subject to categorical pretreatment standards under 40 CFRode of
Federal Regulations section 403.6 and 40 CFRode of Federal Regulations chapter
I, subchapter N (parts 405—471).
(b) Any other user that:
(1) Discharges an average of twenty-five thousand25,000 gallons per day or
more of process wastewater to the POTW (excluding sanitary, non-contact
cooling, and boiler blowdown wastewater);
(2) Contributes a process waste stream whichTHAT makes up five percent
or more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
(3) Is designated as such by the Director on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation or for
violating any pretreatment standard or requirement.
Significant noncompliance: An industrial user is in a state of significant noncompliance
(SNC) when violations meet one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent or more of all of the measurements taken during a six-
month period exceed (by any magnitude) the daily maximum limit or the average
limit for the same pollutant parameter;
(b) Technical review criteria (TRC) violations, defined here as those in which
thirty-three percent or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product of the daily
maximum limit or the average limit multiplied by the applicable TRC (TRC equals
1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit (daily maximum or longer-
term average) that the 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);
(d) Any discharge of a pollutant that has caused imminent endangerment to
human health, welfare or to the environment or has resulted in the POTW’s

exercise of its emergency authority under this chapter to halt or prevent such a
discharge;
(e) Failure to meet, within ninety days after the schedule date, a compliance
schedule milestone contained in a permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
(f) Failure to provide, within thirty days after the due date, required reports such
as baseline monitoring reports, ninety-day compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation or group of violations which the Director determines will
adversely affect the operation or implementation of the local pretreatment program.
Slug LOAD OR SLUG discharge: Any discharge AT A FLOW RATE OR
CONCENTRATION THAT WOULD CAUSE A VIOLATION OF THE PROHIBITED
DISCHARGE STANDARDS IN SECTION 28-8. A SLUG DISCHARGE IS A
DISCHARGE of a non-routine, episodic nature, including but not limited to an accidental
spill or a non-customary batch discharge, THAT 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.
Source reduction: Any practice whichTHAT:
(a) Reduces the amount of any pollutant or contaminant entering any waste
stream or otherwise released into the environment (including fugitive emissions)
prior to recycling, treatment or disposal; andOR
(b) Reduces the hazards to public health and the environment associated with
the release of such substances, pollutants or contaminants.
Standard Iindustrial Cclassification (SIC): A coded classification of industries based
upon economic activity developed by the U.S. Department of Commerce as published in
the Standard Industrial Classification Manual, 1972, BY THE Office of Management and
Budget, AND SUPPLANTED BY THE NORTH AMERICAN INDUSTRY
CLASSIFICATION SYSTEM (NAICS).
Standard Methods: The procedure as described in the most current edition of Standard
Methods for the Examination of Water and Wastewater published by the American
Health Association, or the most current edition of Manual of Methods for Chemical
Analysis of Water and Wastes published by the U.S. Environmental Protection Agency.

STATE: STATE OF ARIZONA
Storm sewer or storm drain: A PIPE OR CONDUITsewer whichTHAT carries storm and
surface waters and drainage, but excludes SEWERS CARRYING
WASTEWATERsewage and polluted industrial wastes.
STORMWATER: RAINFALL RUNOFF, SNOW MELT RUNOFF, AND SURFACE
RUNOFF AND DRAINAGE.
System design capacity: The design capacity for normal domestic wastewater as
established by accepted engineering standards.
Total organic carbon (TOC): The total of all organic compounds expressed in milligrams
per liter as determined by the combustion-infrared method prescribed by approved
laboratory procedures.
TOTAL Ssuspended solids (TSS): Solids measured in milligrams per liter that either
float on the surface of or are in suspension in water, wastewater, or other liquids and
whichTHAT are largely removableREMOVED by a laboratory filtration device, as
defined in the "Standard Methods" as defined herein.
Treatment parameter: A fundamental characteristic of sewage around which treatment
is designed, such as, but not limited to, flow, BOD, and TSSsuspended solids.
Trunk sewer: A sewer whichTHAT receives sewageWASTEWATER from
MULTIPLEmany tributary main sewers and serves as an outlet for a large territory.
Upset: An exceptional incident THAT RESULTS in which there is unintentional and
temporary noncompliance with technology-based permit effluent limitSations because of
DUE TO factors beyond the reasonable control of the permittee, WHICH
EXCLUDESexcluding such factors as operational error, improperly designed or
inadequate treatment facilities, or improper operation and maintenance or lack thereof.
User: Any person, lot, parcel of land, building, premises, municipal corporation or other
political subdivision that discharges, causes, or permits the discharge of wastewater into
the POTWsewage system.
Waste minimization: An activity whichTHAT eliminates or reduces the amount of any
pollutant from entering the waste stream or the environment. This may include a change
in raw materials, operational improvement, process improvement, product reformulation,
reuse, or reclamation.
Wastewater: Any lLiquid orAND water-carried pollutantINDUSTRIAL WASTE AND
SEWAGE FROM RESIDENTIAL DWELLINGS, COMMERCIAL BUILDINGS,

INDUSTRIAL AND MANUFACTURING FACILITIES, AND INSTITUTIONS, WHETHER
TREATED OR UNTREATED, including an industrial discharge, which THAT is
introducedDISCHARGED into the POTW from any source.
WASTEWATER TREATMENT PLANT: THE PART OF THE POTW THAT TREATS
MUNICIPAL SEWAGE AND INDUSTRIAL WASTE.
Watercourse: A channel in which aWATER flowS of water occurs, either continuously or
intermittently.
Zero process discharge user: This term applies to those users that only discharge
domestic wastes or have no discharge, but have significant quantities of hazardous
materials or high strength waste which, if discharged, would be regulated by this
ordinance. Such facilities may be regulated by requiring them to have zero discharge of
process wastes, thus allowing only domestic wastes to be discharged.
Sec. 28-2. Water Services Department—Administration.
THE DEPARTMENT, UNDER THE SUPERVISION OF THE DIRECTOR, WILL
OPERATE AND MAINTAIN ALL CITY PUBLIC WATER AND SEWER SYSTEM
FACILITIES.For the proper administration of the Water Services Department and the
operation of the water and sewerage works of the City, there shall be appointed by the
City Manager from the proper civil service classified lists a Water Services Director, an
Assistant Water Services Director, a Water Services Technical Services
Superintendent, a Water Services Engineering Superintendent, a Water Distribution
Superintendent, a Water Production Superintendent, a Wastewater Treatment
Superintendent, a Wastewater Collection Superintendent, and such other additional
assistants as may be required for the operation of the Water Services Department.
Sec. 28-3. Water Services Department—Duties—Water Services Director.
The Water Services Director, hereinafter referred to as Director, shall be IS the general
executive officer in charge of THE DEPARTMENT AND IS IN CHARGE OF all
personnel, the entire operationS, equipment, and facilities of the Water Services
Department. He shall also have general supervision over, subject to the approval of the
City Manager, all charges for water and sewer services, departmental policies,
agreements, new connections, repairs, etc., and for all charges not expressly provided
for in this chapter.THE DIRECTOR WILL ESTABLISH, ADMINISTER AND SUPERVISE
RULES, REGULATIONS, POLICIES, PROCEDURES AND AGREEMENT IN
ACCORDANCE WITH THIS CHAPTER. THE DIRECTOR WILL ADMINISTER AND
RECOMMEND WATER AND SEWER SERVICE CHARGES AND FEES IN
ACCORDANCE WITH THIS CHAPTER. AT ALL TIMES, THE DIRECTOR’S ACTIONS
ARE SUBJECT TO APPROVAL OF THE CITY MANAGER.

Sec. 28-4. Interference with the Water Services Department; digging up streets
without a permit; tampering with equipment prohibited.
A PERSON IS GUILTY OF A MISDEMEANOR AS PROVIDED IN THIS CHAPTER IF
THEY:
(a) Every person who shall in any way interfere with employees of the Water Services A
Department REPRESENTATIVE in THEany discharge of their duties, either in the
tapping of any sewer pipe, main, or lateral belonging to the City, or the INSPECTION,
cleaning, laying, REPAIR, MAINTENANCE, or connection of any such pipe, or main, or
lateral,;
(b) or who shall dig up or cause to be dug up, any street or alley in the City for the
purpose of connecting with the sewer system of the City without first obtaining a permit
from the Water Services Director, or who, having a permit, shall digS up any portion of
any street or alley of the City for the purpose of connecting with the sewer system of the
City and shall failS or neglectS to RETURNplace the street or alley TOin its original
condition,; OR
(c) or who shall maliciously or willfully break, damage, destroy, uncover, deface, or
tamper with any structure, appurtenance, or equipment whichTHAT is a part of the
POTWmunicipal sewage works shall be guilty of a misdemeanor.
Sec. 28-5. Property owner responsible for cleaning, repair, and replacement of
building sewers and connections.
(a) EXCEPT AS PROVIDED IN THIS SECTION,The A property owner THAT
RECEIVES CITY SEWER SERVICE MUST CLEAN, UNSTOP, MAINTAIN,shall be
responsible for the cleaning, unstopping, maintenance and repair of the building
connection piping THAT SERVESserving the owner’s property from the home or
building to the public sewer line, except for repair or replacement of damaged or broken
piping in the public right-of-way serving a single-family or duplex property.
(b) Where the correction of a SEWER LINEstoppage requires the repair or
replacement of a damaged or broken section of the building connection piping THAT
SERVESserving a single-family or a duplex property, and the damaged or broken
section is located within the public right-of-way, the City will be responsible for the repair
or replacement of the damaged or broken section in the public right-of-way.
(c) Where the correction of a SEWER LINEstoppage requires the repair or
replacement of a damaged or broken section of the building connection piping THAT
SERVESserving other than a single-family or a duplex property, and the damaged or
broken section is located off property in a street or alley, the owner or THE

OWNER’Shis contractor IS RESPONSIBLE FOR THE REPAIR OR REPLACEMENT
OF THE DAMAGED OR BROKEN SECTION AND MUSTshall obtain a permit from the
City BEFORE THE OWNER OR THE OWNER’S CONTRACTOR PERFORMSto do
work in a public right-of-way prior to doing the work.
Sec. 28-5.1. Sewer service line repair and replacement in the public right-of-way.
(a) The OWNER OF single-family or duplex property ISowner shall be responsible for
DETERMININGfirst ascertaining the approximate location of damaged or broken section
of piping serving the property. If the damaged or broken section is LOCATED in the
public right-of-way, the property owner shallMUST contact the Water Services
Department. The Department will verify the damaged or broken location via video
THROUGH inspection. If the damaged or broken section is verified to be in the public
right-of-way, and is sufficient in nature to require repair, the Department shallWILL
initiate appropriate repair or replacement THAT PIPING SECTION. When the broken
section is on the private property, it will be theTHE property owner’s responsibility to
MUST repair OR REPLACE the broken PIPING section LOCATED ON PRIVATE
PROPERTY.
(b) Disputes as to THE location, extent of damage, or the method of repair, or
replacement of the damaged or broken PIPING section shallWILL be resolved at the
sole discretion of the Water Services Director.
(c) A special account shall be created to fund such repairs and replacements with an
annual allocation as approved by the City Council with the annual budget for each fiscal
year. Requests for repairs or replacements shall be handled on a first-in basis. When
the total funding in the account has been exhausted, all subsequent requests will be
deferred until the City Council approves additional funding to the account.
ARTICLE II. USE OF PUBLIC SEWERS AND LIMITATIONS
Sec. 28-6. Unsanitary disposal of SEWAGE AND excrement prohibited.
It ISshall be unlawful for any person to deposit, or permit to be deposited, HUMAN OR
ANIMAL EXCREMENT, SEWAGE, OR SEPTAGE in an unsanitary manner, upon public
or private property within the City, or in any area under the jurisdiction of the City, any
human or animal excrement or other objectionable waste.
Sec. 28-7. Treatment of polluted wastes required.
It ISshall be unlawful FOR A PERSON to discharge to any natural outlet within the City,
or in any area under the jurisdiction of the City, any sewage, SEPTAGE, industrial
wastes, POLLUTANTS, LIQUID WASTE, or other polluted waters, except where

suitable treatment has been provided AND APPLICABLE PERMITS HAVE BEEN
OBTAINED in accordance with provisions of this chapter.
Sec. 28-8. General user PROHIBITIONS AND EFFLUENT LIMITSrequirements.
(a) NO USER MAY INTRODUCE OR CAUSE TO BE INTRODUCED INTO THE POTW
ANY POLLUTANT, SUBSTANCE, OR WASTEWATER THAT CAN CAUSE PASS-
THROUGH OR INTERFERENCE. POLLUTANTS, SUBSTANCES, OR WASTEWATER
PROHIBITED BY THIS SECTION MAY NOT BE PROCESSED OR STORED IN SUCH
A MANNER THAT IT COULD BE DISCHARGED TO THE POTW. It ISshall be unlawful
for any user to discharge or cause to be discharged to any entry point into the
POTWpublicly owned sanitary sewer system ANY OF THE FOLLOWING:
(a1) Unless otherwise approved by the Director, any stormwater, surface water,
groundwater, roof runoff, surface drainage, cooling water or unpolluted process
waters that may constituteS inflow as defined herein;.
(b2) Pollutants THATwhich create a fire or explosion hazard to the system
orPOTW;. Iin no case shallMAY pollutants be discharged with a closed cup
flashpoint less than 140one hundred forty degrees Ffahrenheit (60sixty degrees
Ccentigrade), or pollutants whichTHAT cause an exceedance of 10ten percent of
the lower explosive limit (LEL) at any point within the POTW for any single reading
or more than 5five percent for any two consecutive readings;.
(c3) Solid or viscous pollutants, animal fats, oils and greaseFOG, petroleum oil,
nonbiodegradable cutting oil, or products of mineral oil origin in amounts that
CANmay cause interference or pass-through or that CANmay cause obstruction to
the flow in sewers or other damage to the POTW;.
(d4) Any wWaters or wastes containing a toxic, radioactive, poisonous, or other
substances in sufficient quantity to cause or have the potential to cause injury or
interference withIN THE POTW any sewage treatment process, cause corrosive
structural damage, constitute a hazard to humans, or create any hazard to the
POTW,sewerage system or in the receiving waters of the POTW, or pollutants
THAT which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acutePOSES A THREAT TO worker health
and safety problems;.
(e5) Any wWaters with a pHh less than 5.0 standard units (S.U.) or greater than
10.5 S.U.;
(f6) Any wWaters with a temperature greater than 150one hundred fifty degrees
Ffahrenheit (66sixty-six degrees Ccentigrade) or heat in amounts whichTHAT will

inhibit biological activity in the POTW resulting in interference, but in no event heat
in such quantities that the temperature at the headworks of the WASTEWATER
POTW treatment plant exceeds 104one hundred four degrees Ffahrenheit (40forty
degrees Ccentigrade);.
(g7) Any wWater or waste that has in any way been diluted BY MEANS OF
INCREASING THE USE OF PROCESS WATER OR OTHER WATER AS A
PARTIAL OR COMPLETE, as a substitute for EFFECTIVE pretreatment, for the
purpose of obtaining compliance with any DISCHARGE LIMIT, categorical
standard, or pretreatment requirement imposed by this chapter except where
dilution is expressly authorized by any categorical PRETREATMENT standard OR
REQUIREMENT;. THE DIRECTOR MAY IMPOSE MASS LIMITS ON THE
USERS THAT ARE USING DILUTION TO MEET PRETREATMENT
REQUIREMENTS, OR IN OTHER CASES WHERE THE IMPOSITION OF MASS
LIMITS IS APPROPRIATE;
(h8) Any wWater or waste that could cause a violation of any categorical
standard or pretreatment requirement;.
(i9) Any wWater or waste that is transported from the point of generation to the
POTW by any septic tank pumper, or chemical waste hauler, or similarly
transported unless the transporter has first:
(1)a. Disclosed to the Director the origin, nature, concentration, and volume
of all pollutants to be discharged; and
(2)b. Obtained the written consent of the Director to discharge;.
(j10) Any water or wastePOLLUTANTS, INCLUDING OXYGEN DEMANDING
POLLUTANTS (BOD, ETC) RELEASED IN A DISCHARGE AT A FLOW RATE OR
POLLUTANT CONCENTRATION THAT EITHER BY ITSELF, OR THROUGH
INTERACTION WITH OTHER POLLUTANTS, which could cause interference or
pass-through with POTW operations OR PASS-THROUGH.
(k11) Any discharge that exhibits a characteristic of a hazardous waste, or
contains a substance that is listed as a hazardous waste pursuant to either Arizona
Administrative Code R18-8-261, as amended, or title 40, CFRode Of Federal
Regulations Ppart 261, as amended, whichever is applicable, whether or not the
discharge is otherwise subject to hazardous waste regulations;. This provision
does not apply to domestic wastewater or to discharges of hazardous wastes that
are authorized by the Director.

(l12) Any wWater or waste exceeding the limits for the following substances that
are expressed in the total form except if otherwise stated:
INSTANTANEOUS EFFLUENT
LIMITATIONS
Substance
Limitation
(mg/L*)
Benzene
35 ug/L*0.035
Chloroform
2000 uµg/L2.0

* millimicrograms per liter
(m13) Any of the following prohibited substances:

4,4'—DDE

4,4'—DDT

Aldrin

BHC-alpha

BHC-beta

BHC-gamma (Lindane)

Heptachlor

Heptachlor expoxide

Polychlorinated biphenyl compounds (PCB)
(14) NOXIOUS OR MALODOROUS LIQUIDS, GASES, SOLIDS, OR OTHER
WASTEWATER THAT, EITHER BY ITSELF OR THROUGH INTERACTION WITH
OTHER WASTES, IS SUFFICIENT TO CREATE A PUBLIC NUISANCE OR
HAZARD TO LIFE, OR PREVENT ENTRY INTO THE SEWERS FOR
MAINTENANCE OR REPAIR;
(15) WASTEWATER THAT IMPARTS COLOR WHICH CANNOT BE REMOVED
BY THE TREATMENT PROCESS, SUCH AS, BUT NOT LIMITED TO, DYE
WASTE AND VEGETABLE TANNING SOLUTION, WHICH CONSEQUENTLY

IMPARTS COLOR TO THE TREATMENT PLANT’S EFFLUENT THEREBY
VIOLATING A NPDES OR AZPDES PERMIT ISSUED TO THE CITY;
(16) SLUDGES, SCREENINGS, OR OTHER RESIDUALS FROM THE
PRETREATMENT OF INDUSTRIAL WASTES;
(17) MEDICAL WASTES, EXCEPT AS SPECIFICALLY AUTHORIZED BY THE
DIRECTOR IN AN INDIVIDUAL WASTEWATER DISCHARGE PERMIT;
(18) DETERGENTS, SURFACE-ACTIVE AGENTS, OR OTHER SUBSTANCES
THAT RESULTS IN EXCESSIVE FOAMING IN THE POTW; AND
(19) WASTEWATER CAUSING, ALONE OR IN CONJUNCTION WITH OTHER
SOURCES, THE TREATMENT PLANT EFFLUENT TO FAIL TOXICITY TESTING.
(b) THE DIRECTOR HAS ESTABLISHED THE FOLLOWING LOCAL LIMITS TO
PROTECT AGAINST PASS-THROUGH AND INTERFERENCE AT THE POTW:
(1) NO PERSON MAY DISCHARGE ANY WATER OR WASTE
EXCEEDING THE LIMITS FOR THE FOLLOWING DAILY MAXIMUM
LIMITS;
(2) THE LIMITS BELOW APPLY AT THE POINT WHERE THE
WASTEWATER IS DISCHARGED TO THE POTW; ALL
CONCENTRATIONS FOR METALLIC SUBSTANCES ARE FOR TOTAL
METAL UNLESS INDICATED OTHERWISE; THE DIRECTOR MAY
IMPOSE MASS LIMITS IN ADDITION TO THE CONCENTRATION-BASED
LIMITS BELOW;

DAILY MAXIMUM LIMITS

Substance
Limitation (mg/L*)
Arsenic
0.13
Cadmium
0.047
Copper
1.5
Cyanide
2.0
Lead
0.41

Substance
Limitation (mg/L*)
Mercury
0.0023
Selenium
0.10
Silver
1.2
Zinc
3.5

* mg/L = milligrams per liter
Sec. 28-9. Authority of Director to establish prohibitions and effluent limitations.
(a) In addition to the prohibitions and effluent limitations contained in this chapter, the
Director MAY:shall have the authority to
(1) establish limitations for individual users or A class of users for various
pollutants, materials, waters, or wastes that can be accepted into the sewer system,;
AND
(2) specify those pollutants, materials, waters, or wastes that are prohibited from
entering the sewer system and (3) identify those pollutants, materials, waters or wastes
that shall be controlled with best management practices.
(b) All prohibitions and effluent limitations so established WILLshall be PUBLISHED
BY THE DEPARTMENT AND placed on file with the City Clerk, and will become
effective and enforceable on the thirty-first day 30 DAYS after the date of filing.
(c) All affected individual users or class of users shallMUST comply with the
prohibitions and effluent limitations established pursuant to this section.
(d) Pollutants, materials, waters or wastes to be controlled with best management
practices that have been identified by the Director shall be placed on file with the City
Clerk and will become effective and enforceable on the thirty-first day after the date of
the filing.
Sec. 28-9.1. Authority of Director to require best management practices.
(a) The Director has the authority toMAY require individual users or A class of users to
implement best management practices for any pollutant.

(b) All affected individual users or class of users MUSTshall comply with any best
management practices required by the Director.
(c) THE DIRECTOR MAY IDENTIFY THOSE POLLUTANTS, MATERIALS,
WATERS, OR WASTE THAT MUST BE CONTROLLED WITH BEST MANAGEMENT
PRACTICES.
(d) BEST MANAGEMENT PRACTICES DEVELOPED AND REQUIRED BY THE
DIRECTOR WILL BE PUBLISHED BY THE DEPARTMENT AND PLACED ON FILE
WITH THE CITY CLERK, AND WILL BECOME EFFECTIVE AND ENFORCEABLE 30
DAYS AFTER THE DATE OF THE FILING.
Sec. 28-10. Preliminary treatment SYSTEMS, DEVICES, AND FACILTIES—
Required approval.
(a)
Where REQUIRED BYnecessary in the opinion of the Director, any user of the
POTW MUSTsewage works shall provide, at hisTHE USER’S expense, such
preliminary treatment SYSTEMS, DEVICES, AND FACILTIES as may be necessary to
COMPLY WITH THIS CHAPTER, AND MUST ACHIEVE COMPLIANCE WITH ALL
CATEGORICAL PRETREATMENT STANDARDS, LOCAL LIMITS, AND
PROHIBITIONS SET OUT IN SECTION 28-8 WITHIN THE TIME LIMITS
SPECIFIED BY EPA, THE STATE, OR THE DIRECTOR, WHICHEVER IS
EARLIEST IN TIMEreduce objectionable characteristics or constituents to within the
maximum limits provided for in this chapter.

(b)
DETAILED PLANS DESCRIBING SUCH SYSTEMS, DEVICES, AND
FACILITIES, AND THEIR OPERATING PROCEDURES, AS WELL ASPlans,
specifications, and any other pertinent information relating to THE proposed preliminary
treatment SYSTEMS, DEVICES, AND facilities REQUESTED BY THE DIRECTOR
MUSTshall be submitted BY THE USER for the DIRECTOR’S approval of the Director.

(c)
No construction of such PRETREATMENT facilities MAY BEGINshall be
commenced until the USER RECEIVES THE Director’s WRITTEN approval is obtained
in writing. The completed facilities shallMAY not be placed in service OR OPERATED
until they have been inspected for conformance to the approved plans and the final
construction IS approved IN WRITING by the Director.

(d)
The approval of the plans and inspection of construction shallWILL not relieve
the ownerUSER from MODIFYING SUCH SYSTEMS, DEVICES, AND FACILITIES
AS NECESSARY TO PRODUCE A DISCHARGE THAT COMPLIES complying with
discharge limitationS set forth in this chapter. The City will enforce federal pretreatment
requirements as set forth in 40 CFRode of Federal Regulations part 403.

Sec. 28-11. Preliminary treatment—Maintenance of SYSTEMS, DEVICES, AND
facilities.
Where preliminary PREtreatment SYSTEMS, DEVICES, AND facilities are provided for
any waters or wastes, they shall MUST be maintained continuously in satisfactory and
effective operation by the ownerUSER at hisTHE USER’S expense. The owner shall
USER MUST keep written records and documentation of all cleaning, repair, calibration,
and maintenance required to demonstrate compliance with this section. Records AND
DOCUMENTATION MUST BE AVAILABLEshall be kept at the USER’S facility OR SITE
for a minimum of three3 years FROM THE DATE CREATED and be made available to
the Director upon request.
Sec. 28-11.1. PRETREATMENT—BYPASS
(a) FOR THE PURPOSES OF THIS SECTION, SEVERE PROPERTY DAMAGE
MEANS SUBSTANTIAL PHYSICAL DAMAGE TO PROPERTY, DAMAGE TO THE
PRETREATMENT SYSTEMS, DEVICES, OR FACILITY THAT CAUSES THEM TO
BECOME INOPERABLE, OR SUBSTANTIAL AND PERMANENT LOSS OF NATURAL
RESOURCES THAT CAN REASONABLY BE EXPECTED TO OCCUR IF BYPASS
DOES NOT TAKE PLACE. SEVERE PROPERTY DAMAGE DOES NOT MEAN
ECONOMIC LOSS CAUSED BY DELAYS IN PRODUCTION.
(b) AN INDUSTRIAL USER MAY ALLOW A BYPASS TO OCCUR THAT DOES NOT
CAUSE PRETREATMENT STANDARDS OR REQUIREMENTS TO BE VIOLATED
ONLY IF THE BYPASS IS FOR ESSENTIAL MAINTENANCE TO ASSURE EFFICIENT
OPERATION OF THE PRETREATMENT SYSTEMS, DEVICES, OR FACILITY. THESE
ALLOWED BYPASSES ARE NOT SUBJECT TO THE PROVISION OF PARAGRAPHS
(C), (D), AND (E) OF THIS SECTION.
(c) INDUSTRIAL USERS MUST NOTIFY THE DEPARTMENT OF A BYPASS.
(1) IF AN INDUSTRIAL USER KNOWS IN ADVANCE OF THE NEED FOR A
BYPASS, IT MUST SUBMIT PRIOR NOTICE TO THE DEPARTMENT AT
LEAST 10 DAYS BEFORE THE DATE OF THE ANTICIPATED BYPASS IF
PRACTICABLE.
(2) AN INDUSTRIAL USER MUST PROVIDE VERBAL NOTICE TO THE
DEPARTMENT OF AN UNANTICIPATED BYPASS THAT EXCEEDS
APPLICABLE PRETREATMENT STANDARDS WITHIN 24 HOURS OF
LEARNING THE BYPASS OCCURRED.
(3) AN INDUSTRIAL USER MUST PROVIDE WRITTEN DOCUMENTATION TO
THE DEPARTMENT WITHIN 5 DAYS OF LEARNING A BYPASS OCCURRED.
THE WRITTEN DOCUMENTATION MUST 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.
(d) OTHER THAN THOSE ALLOWED IN PARAGRAPH (B) OF THIS SECTION,
BYPASS IS PROHIBITED AND THE DIRECTOR MAY TAKE ENFORCEMENT
ACTION AGAINST AN INDUSTRIAL USER FOR A BYPASS, UNLESS:
(1) THE BYPASS WAS UNAVOIDABLE TO PREVENT LOSS OF LIFE,
PERSONAL INJURY, OR SEVERE PROPERTY DAMAGE;

(2) THERE 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 THAT OCCURRED DURING NORMAL PERIODS OF
EQUIPMENT DOWNTIME OR PREVENTIVE MAINTENANCE; AND

(3) THE INDUSTRIAL USER SUBMITTED NOTICE AS REQUIRED UNDER
PARAGRAPH (C) OF THIS SECTION.
(e) THE DIRECTOR MAY APPROVE AN ANTICIPATED BYPASS, AFTER
CONSIDERING ITS POTENTIAL IMPACT ON THE POTW, IF THE DIRECTOR
DETERMINES THAT THE BYPASS WILL MEET THE THREE CONDITIONS LISTED
IN PARAGRAPH (D) OF THIS SECTION.
Sec. 28-12. Interceptors—Required.
(a) Interceptors such as grease, oil or sand shall be provided forMUST BE
INSTALLED AND OPERATED BY laundries, restaurantsFOOD SERVICE
ESTABLISHMENTS, service stations, auto repair shops, carwashes, COMMISSARIES,
and other facilities when, in the opinion of the Director DETERMINES they are
necessary for the proper handling of liquid wastes containing grease or oil in excessive
amounts, or any flammable wastes, sandSOLIDS, andOR other harmful ingredients.
(b) MOBILE FOOD ESTABLISHMENTS MUST FOLLOW ALL APPLICABLE STATE,
COUNTY, AND LOCAL REGULATIONS. WASTEWATER GENERATED BY A MOBILE
FOOD VENDOR MUST BE DISCHARGED AT AN APPROVED COMMISSARY. ONLY
AN ESTABLISHMENT WITH A CITY APPROVED PRETREATMENT DEVICE MAY BE
APPROVED AS A COMMISSARY UNLESS GRANTED A VARIANCE BY THE
DIRECTOR.

Sec. 28-13. Interceptors—Type; capacity; location.
All interceptors shall INTERCEPTORS MUST be of a type and capacity approved by
the Director. and shallTHE DIRECTOR WILL MAINTAIN A LIST OF APPROVED
INTERCEPTORS, WHICH WILL BE PUBLISHED BY THE DEPARTMENT.
ADDITIONAL TYPE AND CAPACITY REQUIREMENTS ARE ESTABLISHED IN
POLICY AND THE CURRENT ADOPTED PLUMBING CODE, AND WILL BE
PUBLISHED BY THE DEPARTMENT. ALL INTERCEPTORS MUST be located as to
be FREE FROM OBSTRUCTIONS, AND readily and easily accessible for cleaning and
inspection. IF AN INTERCEPTOR IS LOCATED IN A POTENTIALLY HAZARDOUS
LOCATION, SUCH AS ACTIVE TRAFFIC LOCATIONS, THE DIRECTOR RESERVES
THE RIGHT TO TEMPORARILY CLOSE THE AREA TO TRAFFIC TO ALLOW
INSPECTION OF THE DEVICE.
Sec. 28-14. Interceptors—Construction of grease and oil interceptors.
Grease and oil interceptorsINTERCEPTORS MUST shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in temperature. They
shallMUST be of substantial construction, watertight, and equipped with easily
removable covers. When bolted covers are required, they shallMUST be gastight and
watertight.
Sec. 28-15. Interceptors—Maintenance.
(a) Where installed, interceptors such as grease, oil or sand shallINTERCEPTORS
MUST be maintained by the USERowner, at his expense, in continuously efficient
operationEFFECTIVE OPERATING CONDITION at all times, WHICH MINIMALLY
REQUIRES THE FOLLOWING: (1) PERIODIC REMOVAL OF ALL ACCUMULATED
GREASE, LINT, OIL, SAND, SLUDGE, SOLIDS, WASTEWATER, AND OTHER
MATERIALS; (2) THOROUGH CLEANING OF THE PRETREATMENT DEVICE
INTERIOR; AND (3) NECESSARY REPAIRS TO INTERNAL STRUCTURESThe owner
shall keep written records and documentation of all cleaning, repair, calibration and
maintenance required to demonstrate compliance with this section. Records shall be
kept at the facility for a minimum of three years and be made available to the Director
upon request.
(b) USERS OF GRAVITY INTERCEPTORS MUST FULLY PUMP OUT AND CLEAN
THE INTERCEPTOR AT A FREQUENCY SUCH THAT THE COMBINED GREASE,
LINT, OIL, SAND, SLUDGE, AND SOLIDS ACCUMULATION DOES NOT EXCEED 25
PERCENT OF THE TOTAL LIQUID VOLUME CAPACITY AS MEASURED AT THE
STATIC WATER LEVEL OF THE INTERCEPTOR. EXCEPT AS SET FORTH IN
PARAGRAPH (C), USERS OF GRAVITY INTERCEPTORS MUST FULLY PUMP OUT

AND CLEAN THE INTERCEPTOR AT LEAST ONCE EVERY 12 MONTHS UNLESS
GRANTED A VARIANCE BY THE DIRECTOR.
(c) USERS OF GRAVITY INTERCEPTORS AT FOOD SERVICE ESTABLISHMENTS
THAT CAPTURE FOG MUST FULLY PUMP OUT AND CLEAN THE INTERCEPTOR
AT A FREQUENCY OF NOT LESS THAN ONCE EVERY 3 MONTHS UNLESS
GRANTED A VARIANCE BY THE DIRECTOR.
(d) USERS OF HYDROMECHANICAL INTERCEPTORS MUST FULLY PUMP OUT
AND CLEAN THE INTERCEPTOR AT A FREQUENCY OF NOT LESS THAN ONCE
EVERY 30 DAYS UNLESS GRANTED A VARIANCE BY THE DIRECTOR. NO
HYDROMECHANICAL INTERCEPTOR MAY BE ALLOWED TO GO MORE THAN 90
DAYS WITHOUT MAINTENANCE.
(e) THE REMOVED CONTENTS OF AN INTERCEPTOR MUST BE LAWFULLY
DISPOSED AND MAY NOT BE REINTRODUCED OR DECANTED BACK INTO THE
INTERCEPTOR, A SEWER CLEANOUT, ANOTHER INTERCEPTOR, OR OTHER
NON-ALLOWED OPENING OF A COLLECTION SYSTEM OR PRIVATE SEWER
SYSTEM.
(f) THE USER MUST KEEP RECORDS AND DOCUMENTATION OF ALL CLEANING,
VOLUME OF WASTE REMOVED, DEVICE CAPACITY, WASTE DISPOSAL, REPAIR,
REPLACEMENT, AND MAINTENANCE REQUIRED TO DEMONSTRATE
COMPLIANCE WITH THIS SECTION. RECORDS AND DOCUMENTATION MUST BE
AVAILABLE AT THE FACILITY OR SITE FOR A MINIMUM OF 3 YEARS FROM THE
DATE CREATED AND BE MADE AVAILABLE TO THE DIRECTOR UPON REQUEST.
(g) THE USE OF CHEMICALS, ENZYMES, PROTEINS, BACTERIA, GREASE
SOLVENTS, EMULSIFIERS, OR OTHER SIMILAR SUBSTANCES TO DISSOLVE
FOG IN LIEU OF PHYSICAL CLEANING IS PROHIBITED.
Sec. 28-16. ADOPTION OF CITY DESIGN STANDARDS MANUAL FOR WATER
AND WASTEWATER SYSTEMSControl manholes.
THE DIRECTOR WILL PREPARE AND MAINTAIN A CITY DESIGN STANDARDS
MANUAL FOR WATER AND WASTEWATER SYSTEMS WITH POLICIES,
STANDARDS, PROCEDURES, AND PRACTICES RELATED TO COMPLIANCE WITH
THIS CODE. THE DESIGN STANDARDS MANUAL FOR WATER AND
WASTEWATER SYSTEMS IS A COMPREHENSIVE, STATE-OF-THE-PRACTICE
WATER AND WASTEWATER DESIGN DOCUMENT THAT ADDRESSES WATER
AND WASTEWATER DESIGN CRITERIA, WATER DISTRIBUTION AND
TRANSMISSION SYSTEMS, WASTEWATER COLLECTION INCLUDING LIFT
STATIONS, AND FORCE MAIN REQUIREMENTS FOR PUBLIC AND PRIVATE
DEVELOPMENT WITHIN THE CITY. FOR THE PURPOSES OF THIS CHAPTER, THE
CITY DESIGN STANDARDS MANUAL FOR WATER AND WASTEWATER SYSTEMS

INCLUDES THE CHECKLISTS, ENGINEERING DETAILS, POLICIES AND
PROCEDURES, AND SPECIFICATIONS AND DETAILS REFERENCED AND USED
IN THE CITY DESIGN STANDARDS MANUAL. THE DESIGN STANDARDS MANUAL
FOR WATER AND WASTEWATER SYSTEMS WILL BE ON FILE IN THE OFFICE OF
THE CITY CLERK AND WILL BE AVAILABLE ON THE DEPARTMENT’S
WEBSITE.When required by the Director, the owner of any property served by a
building sewer carrying potentially harmful or industrial wastes shall install a suitable
control manhole in the building sewer to facilitate observation, measurement and
sampling of the wastes. Such manhole, when required, shall be accessible and safely
located and shall be constructed in accordance with plans approved by the Director.
The manhole shall be installed by the owner at his expense and shall be maintained by
him so as to be safe and accessible at all times.
Sec. 28-17. Right of entry for inspection.
(a) Any authorized employee of the Water Services Department REPRESENTATIVE
shallWILL, upon presentation of his credentials, have free access as that term in herein
defined at all reasonable hours to any commercial or industrial premises connected to
the City’s service area or connected to the City’s sewer system for purposes of
assessing applicability OF and/or compliance with the requirements of this chapter.
(b) Servicemen, water quality inspectors, sanitary engineers, or other employees of
the Water Services A Department REPRESENTATIVE, whose duty it may be to enter
upon commercial or industrial premises to make inspections and collect samples or
measure the quantity of wastes discharged to the City sewer, shallWILL be provided
with credentials to identify them as authorized representatives for the Water Services
Department.
(c) No person, except an authorized employee of the Water Services A Department
REPRESENTATIVE, shallWILL have or exhibit any credentials of the Water Services
Department. It shall be the duty of each employee of the Department, upon resignation
or dismissal, to deliver and surrender at the office of the Director all credentials of the
Department in his possession.
(d) Any user or potential user shallMUST allow all inspection, monitoring, AND
ACCESS TO RECORDS AND DOCUMENTS, AND OTHER INFORMATIONcopying of
records, etc., reasonably needed by the Director or his agent to perform the duties
required or needed under this chapter. A USER OR POTENTIAL USER THAT DENIES
A DEPARTMENT REPRESENTATIVE FREE ACCESS TO ITS PREMISES IS IN
VIOLATION OF THIS CHAPTER.
Sec. 28-18. Discharges to be reported.

Every user of the City sewer system shallMUST report to the Director immediately any
accident, negligent act, or other occurrence that occasionsRESULTS IN a discharge to
the public sewer of any wastes or process waters that exceed the permissible limits for
such wastes established by the Director.
Sec. 28-19. RESERVEDTests and analyses.
All tests and analyses of the characteristics of waters and waste shall be determined in
accordance with approved laboratory procedures.
Sec. 28-20. Reserved.
ARTICLE III. SEWER EXTENSIONS
Sec. 28-21. SEWER MAIN EXTENSION AND CONNECTIONApproval by City
Engineer and Director required.
(a)
A DEVELOPER THAT SEEKS TO CONNECT A SEWER MAIN EXTENSION TO
A PUBLIC SEWER MUST SUBMIT CONSTRUCTION PLANS AND
SPECIFICATIONS FOR APPROVAL TO THE DIRECTOR, PAY ESTABLISHED
FEES AND CHARGES, AND RECEIVE APPROVED PERMITS FROM THE CITY
BEFORE CONSTRUCTION OF THE SEWER MAIN EXTENSION WILL
ALLOWED.

(b)
THE DEPARTMENT WILL NOT PERFORM FIELD ENGINEERING OR PREPARE
DETAILED PLANS AND SPECIFICATIONS FOR SEWER MAIN EXTENSIONS
AND ASSOCIATED APPURTENANCES FOR A DEVELOPER. THE DEVELOPER
IS RESPONSIBLE FOR ALL COSTS TO HIRE A CIVIL ENGINEER
REGISTERED IN ARIZONA TO PERFORM ALL WORK. THE DEVELOPER
MUST PAY FOR ALL THE COSTS TO DESIGN, PERMIT, AND CONSTRUCT
THE SEWER MAIN EXTENSION, INCLUDING ANY COSTS OF ACQUIRING
RIGHTS-OF-WAY AND EASEMENTS, PREPARATION OF AS-BUILT PLANS,
AND FOR THE DEPARTMENT TO INSPECT CONSTRUCTION OF THE SEWER
MAIN EXTENSION.

(c)
ALL SEWER MAIN EXTENSIONS MUST BE SIZED FOR ADEQUATE SERVICE
DURING PEAK FLOWS, AS DETERMINED BY THE DIRECTOR. THE
DIRECTOR WILL DETERMINE THE NECESSARY LAYOUT OF PUBLIC SEWER
MAINS.

(d)
IF PUBLIC LIFT STATIONS ARE NECESSARY DUE TO HYDRAULIC GRADE
CONDITIONS THAT DO NOT ALLOW FOR GRAVITY SEWER MAINS, THE
DEVELOPER MUST CONSTRUCT AT ITS OWN EXPENSE THE NECESSARY
FACILITIES AND MUST MEET CITY DESIGN STANDARDS FOR THE
FACILITIES.

(e)
THE PUBLIC SEWER MAIN EXTENSIONS, LIFT STATIONS AND OTHER
APPURTENANCES CONSTRUCTED IN ACCORDANCE WITH THIS ARTICLE
UPSTREAM OF TAP CONNECTION BECOME PART OF THE PUBLIC SEWER
UPON ACCEPTANCE OF THE FACILITIES BY THE CITY FROM THE
DEVELOPER.No public sewer extensions shall be made until the plans and
specifications are approved by both the City Engineer and the Director. Public
sewer extensions shall be constructed in accordance with standards and
specifications on file in the City Engineer’s office. With the concurrence of the City
Engineer, the Director may authorize variances from the standards and
specifications.

Sec. 28-22. Construction and ownership of public sewer lines and other
equipment maintained by Water Services Department.
(a) In new subdivisions and developments where public sewers are authorized by the
Planning and Development Director, such public sewers shall be constructed at the
developer’s expense in accordance with plans approved by the Planning and
Development Director and review fees shall be paid as set forth in appendix A.2 of the
City Code. Detailed plans and specifications for public sewer extensions must be
approved by the Planning and Development Director prior to construction. The costs for
the preparation of plans and specifications, the staking of the location of the new public
sewers, the cost of inspecting the construction, the cost of acquiring rights-of-way and
easements, and preparation of as-built plans shall be assumed by the developer. The
City will perform the inspection during construction.
(b) The ownership of all public sewer lines, pumping stations, treatment facilities, and
equipment and other appurtenances to the sewer system maintained, or accepted for
maintenance, by the Water Services Department shall be vestedWILL VEST
EXCLUSIVELY in such DepartmentTHE CITY, and in no case shallWILL the owner of
any premises have the A LEGAL OR EQUITABLE right OR INTEREST to claim any
part THEREOF except where otherwise provided in thisTHE CITY Code.
Sec. 28-23. SEWER REPAYMENT PROGRAM FOR CLASS 1 AND CLASS 2 OFF-
SITE INFRASTRUCTURE NEEDED FOR DEVELOPMENT Sewer main extension
policy for areas beyond present City trunk lines; establishment of a repayment
program.
(a)
THE REPAYMENT PROGRAM IS A PROGRAM THAT ALLOWS FOR THE
ORDERLY AND EFFICIENT EXTENSION OF THE CITY PUBLIC SEWER
SYSTEM BY ALLOWING FOR THE CONSTRUCTION OF INFRASTRUCTURE
WITH CAPACITY IN EXCESS OF THE NEEDS OF A SINGLE DEVELOPMENT
AND PROVIDING FOR EQUITABLE DISTRIBUTION OF THE COSTS OF THE
INFRASTRUCTURE CAPACITY AND REPAYMENT TO THE ORIGINAL

DEVELOPER. THE REPAYMENT PROGRAM APPLIES TO CLASS 1 AND
CLASS 2 PROJECTS.

(1)
FOR THE PURPOSES OF THIS ARTICLE, A CLASS 1 PROJECT IS AN
OFF-SITE SEWER MAIN 8-INCHES OR GREATER IN DIAMETER THAT
IS CONSTRUCTED BY ONE DEVELOPER AND CONNECTED TO
LATER BY ONE OR MORE DEVELOPERS AND THAT DOES NOT
QUALIFY AS A CLASS 2 PROJECT.

(2)
FOR THE PURPOSES OF THIS ARTICLE, A CLASS 2 PROJECT IS A
PROJECT THAT INCLUDES AN OFF-SITE SEWER MAIN 12-INCHES
OR GREATER IN DIAMETER, A LIFT STATION (INCLUDING
ASSOCIATED FORCE MAINS), OR A COMBINATION OF SUCH
SEWER MAINS AND STATIONS, THAT MEETS ALL OF THE
FOLLOWING CONDITIONS:

i.
THE PROJECT IS CONSTRUCTED BY ONE OR MORE
DEVELOPERS AND PROVIDES A BENEFIT TO A DEFINED
AREA.
ii.
ONE OR MORE ADDITIONAL DEVELOPERS WILL LIKELY
DIRECTLY OR INDIRECTLY CONNECT TO THE PROJECT.
iii.
THE INFRASTRUCTURE COSTS EXCEED $1,000,000.00, OR
THE AREA BENEFITTED BY THE PROJECT, EXCEPT FOR THE
FIRST DEVELOPER’S PROPERTY, IS COMPRISED SOLELY OF
STATE TRUST LAND AND THE DIRECTOR HAS AGREED TO
WAIVE THE $1,000,000.00 MINIMUM REQUIREMENT.

(3)
FOR THE PURPOSES OF THIS ARTICLE, AN INDIRECT CONNECTION
MEANS THAT A DEVELOPMENT IS HYDRAULICALLY BENEFITED BY,
BUT IS NOT DIRECTLY CONNECTED TO, A CLASS 2 PROJECT.

(4)
FOR THE PURPOSES OF THIS ARTICLE, OFF-SITE
INFRASTRUCTURE MEANS INFRASTRUCTURE NECESSARY OR
BENEFICIAL TO A DEVELOPMENT THAT IS NOT LOCATED ON THE
PROPERTY OF THE DEVELOPMENT.

(b) THE DIRECTOR MAY REQUIRE A DEVELOPER TO INCREASE THE
CAPACITY OF OFF-SITE INFRASTRUCTURE. IF INCREASED CAPACITY IS
REQUIRED, THE CITY WILL BE RESPONSIBLE FOR THE COST OF THE
INCREASED CAPACITY. THE CITY’S CONTRIBUTION TO THE PROJECT
WILL BE SUBTRACTED FROM THE TOTAL COSTS USED TO CALCULATE
THE REPAYMENT AMOUNT THAT IS OWED TO THE DEVELOPER UNDER A
REPAYMENT AGREEMENT.

(c) THE DEVELOPER MUST EMPLOY A CIVIL ENGINEER REGISTERED IN THE
STATE OF ARIZONA TO PERFORM FIELD ENGINEERING, SUBMIT
DETAILED PLANS AND SPECIFICATIONS, AND SUBMIT INFORMATION ON
EXISTING OR PROPOSED INFRASTRUCTURE, DEVELOPMENT PLANS,
LOCAL DRAINAGE CONDITIONS AND OTHER ITEMS THAT ARE
NECESSARY TO ESTABLISH THE BENEFITING AREA TO BE SERVED BY
THE CLASS 2 PROJECT. THE DEPARTMENT, USING LOCAL DRAINAGE
CONDITIONS AND OTHER APPROPRIATE FACTORS, WILL MAKE THE
FINAL DETERMINATION OF THE AREA TO BE SERVED AND BENEFITTED
BY THE CLASS 2 PROJECT. THE DEPARTMENT MUST APPROVE THE
FINAL DETAILED PLANS AND SPECIFICATIONS FOR THE SEWER
FACILITIES BEFORE CONSTRUCTION BEGINS. THE CONSTRUCTION
MUST MEET THE CITY DESIGN STANDARDS, REQUIREMENTS, AND
APPROVAL AND WILL BE SUBJECT TO INSPECTION BY THE DEPARTMENT
DURING CONSTRUCTION.
(d) DIRECT PROJECT COSTS ELIGIBLE FOR RECOVERY UNDER THE
REPAYMENT PROGRAM ARE COSTS OF ENGINEERING AND DESIGN
PLANS, DIRECT LABOR COSTS, SUBCONTRACT COSTS, COSTS OF
MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED
CONSTRUCTION, AND STAKING AND MATERIALS TESTING. THE
DEVELOPER MUST INCLUDE ALL COST ITEMS EXCEPT THOSE RELATED
TO ENGINEERING AND DESIGN PLANS, MATERIALS TESTING, AND
STAKING IN THE BIDS THAT ARE SUBMITTED TO, AND REVIEWED BY, THE
DEPARTMENT. THE DEVELOPER MUST SHOW ALL UNIT PRICING ON ALL
BIDS. THE DEVELOPER MUST PROVIDE, AND SUBMIT TO THE
DEPARTMENT FOR REVIEW, ALL COST ITEMS RELATED TO
ENGINEERING AND DESIGN PLANS, MATERIALS TESTING, AND STAKING
ON THE ENGINEER’S LETTERHEAD. THE CITY AND DEVELOPER WILL
AGREE UPON THE ENGINEERING COSTS FOR DETERMINATION OF
TOTAL CONSTRUCTION COST PRIOR TO EXECUTION OF THE
REPAYMENT AGREEMENT; HOWEVER, THE ENGINEERING COSTS MAY
NOT EXCEED 20 PERCENT OF THE CONSTRUCTION LOW BID. ELIGIBLE
PROJECT COSTS DO NOT INCLUDE COSTS ASSOCIATED WITH
TEMPORARY FACILITIES, PERMIT FEES, TAXES OR ATTORNEY’S FEES.
THE DEPARTMENT MAY ALLOW ADDITIONAL DIRECT CONSTRUCTION
COSTS TO BE INCLUDED IN THE TOTAL PROJECT COST; HOWEVER, THE
ADDITIONAL DIRECT COSTS MAY NOT EXCEED IN THE AGGREGATE 10
PERCENT OF THE LOWEST CONSTRUCTION BID SUBMITTED. INTEREST
IS NOT ELIGIBLE FOR RECOVERY UNDER THE REPAYMENT PROGRAM.
(e) TO QUALIFY FOR A REPAYMENT AGREEMENT, THE DEVELOPER MUST
SUBMIT A MINIMUM OF THREE WRITTEN SEALED BIDS FOR THE
PROJECT CONSTRUCTION TO THE DEPARTMENT PRIOR TO

ACCEPTANCE OF THE PROJECT BY THE DEPARTMENT. THE CITY MAY
REVIEW ALL BID SUBMISSIONS, REJECT ANY OR ALL BIDS, AND REQUIRE
THAT THE PROCESS BE REPEATED USING BIDS SUBMITTED BY
DIFFERENT CONTRACTORS. THE DEVELOPER MUST ENSURE THAT BIDS
ADEQUATELY REPRESENT THE FULL EXTENT OF THE ANTICIPATED
CONTRACT REQUIREMENTS, INCLUDING FACILITY LOCATIONS AND
SIZES, SITE CONSTRAINTS, MATERIAL AND LABOR QUANTITIES. THE
COSTS ELIGIBLE FOR REPAYMENT MAY NOT EXCEED THE LOWEST OF
THE THREE BIDS EXCEPT THAT THE DIRECTOR MAY APPROVE
REIMBURSEMENT OF ADDITIONAL COSTS THAT WOULD HAVE BEEN
ELIGIBLE IF INCLUDED IN THE LOW BID BUT WERE UNFORESEEABLE
WHEN THE CONTRACT WAS BID; HOWEVER, UNFORESEEN COSTS MAY
NOT EXCEED IN THE AGGREGATE 10 PERCENT OF THE LOW BID.
(f) UPON COMPLETION OF THE CLASS 1 OR CLASS 2 PROJECT AND FINAL
ACCEPTANCE OF THE PROJECT BY THE DEPARTMENT, THE PROJECT
BECOMES PROPERTY OF THE CITY, IS SUBJECT TO EXCLUSIVE
CONTROL BY THE CITY, AND IS SUBJECT TO ALL PROVISIONS OF THIS
CHAPTER. THE DEVELOPER MUST ENSURE THAT THE PROJECT IS FREE
AND CLEAR OF ALL ENCUMBRANCES AND LIENS.
(g) IF THE DIRECTOR DETERMINES THAT THE CLASS 1 OR CLASS 2
PROJECT QUALIFIES FOR THE REPAYMENT PROGRAM, THE CITY MAY
ENTER INTO A REPAYMENT AGREEMENT WITH THE DEVELOPER. IN
ADDITION TO OTHER APPROPRIATE TERMS AND CONDITIONS, THE
REPAYMENT AGREEMENT WILL INCLUDE ALL OF THE FOLLOWING:
(1) A JUST, EQUITABLE AND REASONABLE CHARGE TO BE PAID BY
PERSONS WITHIN THE BENEFITING AREA MAKING A CONNECTION
TO THE CLASS 1 OR CLASS 2 PROJECT. THE CONNECTION
CHARGE WILL BE DETERMINED BY DIVIDING THE PROJECT COST
BY THE MAXIMUM SERVICE AREA ACREAGE. THE MAXIMUM
SERVICE AREA ACREAGE IS THE DEVELOPER’S SERVICE AREA
PLUS THE BENEFITING AREA. PROJECT COSTS ASSOCIATED WITH
THAT PORTION OF THE MAXIMUM SERVICE AREA THAT FALLS
WITHIN THE DEVELOPER’S SERVICE AREA WILL BE EXCLUDED
FROM THE TOTAL REPAYMENT AMOUNT AND ARE SOLELY THE
RESPONSIBILITY OF THE DEVELOPER.
(2) REPAYMENT AGREEMENT CHARGES WILL NOT AFFECT THE RIGHT
OF THE CITY TO ASSESS ANY BUILDING PERMIT, CONNECTION
FEE, OR OTHER CHARGES, FEES AND TAXES AGAINST THE
OWNERS OF PROPERTY LOCATED WITHIN THE MAXIMUM SERVICE
AREA OF THE PROJECT.

(3) THE REPAYMENT AGREEMENT FOR CLASS 1 PROJECTS WILL
TERMINATE 10 YEARS FROM THE DATE OF EXECUTION BY THE
DEVELOPER, OR WHEN THE TOTAL REPAYMENT AMOUNT IS
REPAID, WHICHEVER OCCURS FIRST.
(4) THE REPAYMENT AGREEMENT FOR CLASS 2 PROJECTS WILL
TERMINATE 20 YEARS FROM THE DATE OF EXECUTION BY THE
DEVELOPER, OR WHEN THE TOTAL REPAYMENT AMOUNT IS
REPAID, WHICHEVER OCCURS FIRST.
(5) IN ORDER FOR THE DEPARTMENT TO RECOVER COSTS
ASSOCIATED WITH THE ADMINISTRATION OF A REPAYMENT
AGREEMENT, THE DEPARTMENT WILL CHARGE $500.00 OR $2.00
PER ACRE TIMES THE BENEFITING AREA, WHICHEVER AMOUNT IS
GREATER. THE DEVELOPER MUST PAY THE CHARGE AT THE TIME
OF EXECUTION OF THE REPAYMENT AGREEMENT. IN ADDITION,
THE DEPARTMENT WILL RETAIN 3 PERCENT OF THE MONIES
COLLECTED UNDER A REPAYMENT AGREEMENT.
(6) ANY PERSON CONNECTING WITHIN THE BENEFITING AREA
CONNECTING TO A CLASS 1 OR CLASS 2 PROJECT MUST PAY THE
CONNECTION CHARGE. THE DEPARTMENT WILL REMIT THE
APPROPRIATE AMOUNT TO THE PERSON ENTITLED TO RECEIVE
THE PAYMENT UNDER THE REPAYMENT AGREEMENT WITHIN 90
DAYS OF RECEIPT BUT WILL RETAIN THE 3 PERCENT
ADMINISTRATION FEE REFERENCED IN PARAGRAPH 5 OF THIS
SUBSECTION.
(7) IF A PROJECT IS LOCATED IN AN AREA IN WHICH SEWER IMPACT
FEES ARE ASSESSED AND THE FACILITY IS ELIGIBLE FOR CREDIT
AGAINST FEES, THE DEVELOPER WILL ONLY RECEIVE CREDIT
AGAINST IMPACT FEES FOR THAT PROPORTION OF THE PROJECT
COST THAT THE REPAYMENT AGREEMENT ALLOCATES TO THE
DEVELOPER. THE DEVELOPER MAY NOT BE REPAID FOR PROJECT
COSTS FOR WHICH IMPACT FEE CREDITS WERE ISSUED.
(8) IN CERTAIN SITUATIONS, IT MAY BE DESIRABLE FOR THE
DEVELOPER TO INCREASE ITS PROPORTION OF THE PROJECT
COST TO INCREASE ITS SHARE OF IMPACT FEE CREDITS. THE
DEVELOPER MAY REQUEST THAT THE CONNECTION CHARGES IN
THE BENEFITING AREA BE REDUCED SO THAT THE TOTAL
PROPORTION OF COST ATTRIBUTABLE TO THE DEVELOPER IS
INCREASED. AT THE SOLE DISCRETION OF THE DIRECTOR, A
REDUCTION IN CHARGES MAY BE PERMITTED, AND IF

IMPLEMENTED, WILL BE APPLIED UNIFORMLY TO ALL BENEFITING
AREAS IN THE REPAYMENT AGREEMENT.
(a) The repayment program only applies to projects that are Class 1 or Class 2
projects. A Class 1 project means the installation of a sewer main that is eight inches or
greater in diameter that will serve multiple properties or developments. A Class 2 project
means the installation of a sewer main that is 12 inches or greater in diameter or a lift
station (including associated force mains) (or a combination of such sewer mains and lift
stations) that is: A constructed by one or more developers and provides a benefit to a
defined area; B at a later date is directly or indirectly connected to by one or more
developers; and C the infrastructure costs exceed $1,000,000.00. The City may grant
an exception to requirement "C" if the benefited area, minus developer’s property, is
comprised exclusively of State trust land. An indirect connection is defined as one which
is hydraulically benefited by, but is not directly connected to, the Class 2 project.
(b) The City reserves the right to increase the capacity of the off-site infrastructure if it
deems the increase necessary to serve the surrounding area. Under this condition, the
City will be responsible for the cost of the increased capacity. The City’s contribution to
the project will be removed from the total costs used to calculate the repayment amount
that is owed to the developer of the Class 1 or Class 2 project.
(c) The developer is required to employ a civil engineer registered in the State of
Arizona to perform field engineering, submit detailed plans and specifications, and
submit information on existing or proposed infrastructure, development plans, local
drainage conditions, and other items that are deemed necessary by the City to establish
the benefiting area to be serviced by the Class 1 or Class 2 project. The City, using
local drainage conditions and other factors it deems appropriate, shall make the final
determination of the benefiting area to be serviced by the Class 1 or Class 2 project.
The final detailed plans and specifications for the main sewer extension and any
associated off-site major wastewater facilities must be approved by the City before
construction begins. The construction must meet City specifications, requirements, and
approval and will be subject to inspection by the City during construction.
(d) The developer will be responsible for furnishing and installing to City specifications
all branch and lateral sewers, including manholes, within new subdivisions, shopping
centers, industrial tracts, or similar developments. The costs of designing, staking, and
constructing these branch and lateral sewers are not eligible for recovery under the
repayment program.
(e) Direct project costs eligible for recovery under the repayment program are costs of
engineering and design plans, direct labor costs, subcontract costs, costs of materials
and equipment incorporated in the completed construction, and staking and materials
testing. All cost items except those related to engineering and design plans, materials

testing, and staking must be included in the bids that are submitted to, and reviewed by,
the City. Unit pricing must be shown on all bids. Eligible project costs do not include
costs associated with temporary facilities, permit fees, taxes, or attorney’s fees. At its
discretion, the City may include additional direct costs in the total project cost, but in no
event shall the direct costs exceed ten percent of the construction low bid.
(f) The developer is responsible for all costs associated with the engineering, design,
and construction of the Class 1 or Class 2 project. Design and construction of the
facilities must be in accordance with the City’s design standards, procedures, policies
and practices, and final detailed plans, and specifications for a Class 1 or Class 2
project must be approved by the City prior to construction.
(g) In order to qualify for a repayment agreement, the developer shall submit a
minimum of three written sealed bids for the construction of the project to the City prior
to acceptance of the project by the City. The City reserves the right to review all bid
submissions, to reject any or all bids, and if necessary, to require that the process be
repeated using bids submitted from different contractors. It is the responsibility of the
developer to ensure that bids adequately represent the full extent of the anticipated
contract requirements, including facility locations and sizes, site constraints, material,
and labor quantities. Unit pricing must be shown on all bids. The costs eligible for
repayment may not exceed the lowest of the three bids except that, in its discretion, the
City may approve reimbursement of additional costs that would have been eligible if
included in the low bid but were unforeseeable when the contract was bid, provided in
no event will such unforeseen costs exceed in the aggregate ten percent of the low bid.
(h) Upon completion of the Class 1 or Class 2 project by the developer and
acceptance of the project by the City, the project shall become the property of the City,
free and clear of any encumbrances and liens.
(i) The City shall have exclusive control of connections to the Class 1 or Class 2
project, and all provisions of the City Code, as may be amended, applicable to sewer
service and charges inside and outside City boundaries shall apply. If the City
determines that the Class 1 or Class 2 project qualifies for admission to the repayment
program, then the City shall enter into a repayment agreement with the developer. The
repayment agreement will include the following, in addition to those terms and
conditions deemed appropriate by the City:
(1) A just, equitable, and reasonable charge to be paid by persons or entities
within the benefiting area making a connection to the Class 1 or Class 2 project.
The connection charge will be determined by dividing the Class 1 or 2 project cost
by the maximum service area acreage (the developer’s service area plus the
benefiting area). Project costs associated with that portion of the maximum service

area that falls within the developer’s service area are solely the responsibility of the
developer.
(2) The connection charge will be paid to the City from any person or entity within
the benefiting area connecting to the project. Once collected, the City within 90
days of receipt will remit the appropriate amount to the developer or the person
entitled to receive such payment. In no event shall the total repayment amount
provided to the developer exceed 97 percent of that portion of the construction
cost of the Class 1 or Class 2 project that is allotted to the benefiting area acreage
outside of the developer’s service area.
(3) Repayment agreement charges will not affect the right of the City to assess
any building permit, connection fee (sewer tap), sewer service or other charges,
fees, and taxes against the owners of property located within the maximum service
area.
(4) The repayment agreement for Class 1 projects shall terminate in ten years
from signing by the developer, or when the total repayment amount is repaid,
whichever occurs first.
(5) The repayment agreement for Class 2 projects shall terminate in 20 years
from signing by the developer, or when the total repayment amount is repaid,
whichever occurs first. Provided the developer has complied with subsection (e) of
this section regarding sealed bids, a repayment agreement for a Class 2 project
may be executed on or within 180 days of acceptance of the project by the City.
Further, if subsection (e) of this section has been complied with, permits may be
issued for a Class 2 project for which a repayment agreement will be sought.
(6) In order for the City to recover costs associated with the administration of a
repayment agreement, a charge of $500.00 or $2.00 per acre times the benefiting
area, whichever amount is greater, shall be paid by the developer at the time of his
signing of the repayment agreement. In addition, the City is entitled to keep three
percent of the monies collected under a repayment agreement, and will deduct this
amount from all connection charges it receives prior to remitting the balance to the
developer or the person entitled to receive the payment.
(7) If a project is located in an area in which wastewater impact fees are
assessed and the developer is eligible to apply impact fee credits against costs,
the developer will only receive credits against costs for that proportion of the
project cost that the repayment agreement allocates to the developer. In no event
will the developer be repaid for project costs for which impact fee credits were
issued.

(8) In certain situations, it may be desirable for the developer to increase its
proportion of the project cost to increase its share of impact fee credits. The
developer may request that the connection charges in the benefiting area be
reduced so that the total proportion of cost attributable to the developer is
increased. At the sole discretion of the Water Services Department, such a
reduction in charges may be permitted, and if implemented, shall be applied
uniformly to all benefiting areas in the repayment agreement.
Sec. 28-24. RESERVEDSewer extensions in advance of a sewer assessment
district.
The sewer extension policy provisions of the City in regard to sewer installations in
advance of sewer assessment districts and the policy to be followed in connection
therewith shall be, and the same is hereby, declared to be as follows:
(a) At the option of the developer of an individual parcel of land or of subdivision,
he may apply for payment of the sewer line or lines necessary to connect his
development to a trunk sewer. He may also apply for payment of the sewer lines
within his development.
(b) In order to qualify for payment, the sewer lines to be installed must be usable
by a future assessment district, and the developer must sign an agreement
whereby the assessable area of any parcel or parcels immediately adjacent to and
served by such lines will be included in the assessment district and will receive an
assessment for which the developer will be liable, regardless of whether he sells
part or all of the property to be assessed.
(c) The developer shall pay all construction costs, including engineering services.
The design, location, and construction must be approved by the City, and a permit
must be secured from the City Engineer. The contractor shall be duly licensed.
(d) The sewer lines installed by the developer will be held in trust by the City for
sale to a special assessment district in the City. The agreed construction cost, not
exceeding the actual cost for the lines, will be written into the construction bid as a
lump sum item and will become part of the construction cost for the special
assessment district.
(e) The property owners adjacent to lines installed by the developer can connect
to these lines by signing an agreement, which will be recorded, to accept an
assessment in the assessment district.
(f) If the developer desires to enter into private agreements with adjacent
property owners in which they agree to share his cost for the privilege of

connecting to the sewer lateral, he may do so, but these property owners will still
be required to sign an agreement with the Water Services Department in which
they agree to accept an assessment in the assessment district.
(g) There will be only one purchase agreement for each project. No attempt will
be made to negotiate with more than one party, regardless of how many are
sharing the cost.
(h) Payment will be made at the completion of the assessment district or at the
time that assessments become payable.
Sec. 28-25. Private sewerage systems—Construction and maintenance within City
prohibited generally.
Except as EXPRESSLY provided in this chapter, it shall beIS unlawful to construct or
maintain within the City OR AN AREA OF THE CITY JURISDICTION A PRIVATE
SEWER SYSTEM, INCLUDING any privy, privy vault, septic tank, cesspool, ONSITE
WASTEWATER TREATMENT SYSTEM, or other facility intended or used for the
disposal of sewage.
Sec. 28-26. Private sewerage systems—WhenLIMITED INSTANCES permitted; to
be constructed and maintained in sanitary manner.
Where a public sanitary sewer is not available within the City, or in any area under the
jurisdiction of the City, the building sewer shall be connected to a private sewage
disposal system, complying with the provisions and recommendations of the Arizona
Department of Health Services and the Sanitary Code of the County Health
Department. Such private sewage disposal system shall be constructed, maintained,
and operated at all times in a sanitary mannerONLY IN THOSE LIMITED INSTANCES
IN WHICH THERE IS NO PUBLIC SEWER AVAILABLE TO CONNECT TO MAY A
HOME OR BUILDING LOCATED WITHIN THE CITY OR AN AREA OF THE CITY’S
JURISDICTION CONNECT TO A PRIVATE SEWER SYSTEM. THE PRIVATE SEWER
SYSTEM MUST BE DESIGNED, INSTALLED, MAINTAINED, AND OPERATED OR
USED AT ALL TIMES IN STRICT CONFORMANCE WITH STATE AND COUNTY
PRIVATE SEWER SYSTEM REQUIREMENTS. WHEN A PUBLIC SEWER BECOMES
AVAILABLE FOR CONNECTION, THE HOME OR BUILDING MUST DISCONTINUE
ITS USE OF THE PRIVATE SEWER DISPOSAL SYSTEM AND CONNECT TO THE
PUBLIC SEWER.
ARTICLE IV. CONNECTIONS TO PUBLIC SEWERS AND CHARGES
Sec. 28-27. Permit required.

No unauthorized person shallMAY uncover, make any connections with or opening into,
use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a
written permit from the Water Services Department. INDUSTRIAL USERS MUST
OBTAIN A PERMIT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE VI OF
THIS CHAPTER.
Sec. 28-27.1. TEMPORARY DISCHARGE AUTHORIZATION REQUIRED.

(a) USERS INTENDING TO DISCHARGE THE FOLLOWING TO THE SEWER
SYSTEM FOR A DURATION NO GREATER THAN ONE MONTH MUST SUBMIT
A TEMPORARY DISCHARGE AUTHORIZATION REQUEST FORM TO THE
DEPARTMENT AT LEAST 10 DAYS PRIOR TO START OF THE PROPOSED
DISCHARGE:

(1) INDUSTRIAL WASTEWATER;

(2) CHILLER WATER;

(3) DISTRIBUTION SYSTEM MAINTENANCE AND DEVELOPMENT

WATER;

(4) POTENTIALLY CONTAMINATED REMEDIATED GROUNDWATER; OR

(5) STORMWATER.

(b) ANY REQUEST FOR A TEMPORARY DISCHARGE AUTHORIZATION MUST
CONTAIN THE INFORMATION SPECIFIED IN THE REQUEST FORM AND MAY
REQUIRE:

(1) RESULTS OF ANY TESTING REQUIRED TO CHARACTERIZE THE
PROPOSED DISCHARGE COLLECTED AND ANALYZED IN
ACCORDANCE WITH SECTION 28-44.3; AND

(2) ANY ADDITIONAL INFORMATION REQUIRED BY THE DIRECTOR TO
DETERMINE THE POTENTIAL OF THE PROPOSED DISCHARGE TO
IMPACT THE POTW.

(d) AT THE CONCLUSION OF THE DISCHARGE, THE DIRECTOR MAY
REQUIRE THE USER TO REPORT:

(1) THE ACTUAL DISCHARGED VOLUME; AND

(2) THE RESULTS OF ANY TESTING REQUIRED TO CHARACTERIZE
THE ACTUAL DISCHARGE COLLECTED AND ANALYZED IN
ACCORDANCE WITH SECTION 28-44.3.

(e) TEMPORARY DISCHARGE USERS MAY INCUR SEWER CHARGES IN
ACCORDANCE WITH RATES IN ARTICLE V OF THIS CHAPTER FOR
DISCHARGES GREATER THAN 5,000 GALLONS.
Sec. 28-28. Application for sewer tap; sewer dye test.
(a) EachA person making application for a sewer tap shallMUST present a valid
plumbing permit issued by the City Building OfficialPLANNING AND DEVELOPMENT
DIRECTOR, or his authorized representative, to the Water Services Department as a
prerequisite for the approval of the requested sewer tap. All applications for sewer taps
to be constructed by the Water Services Department shallWILL include a fee of ninety-
five dollars$95 for each sewer tap.
(b) A customer who has been connected to the public sewer and questions whether a
sewer tap is in service may apply to the Water Services Department for a sewer dye
test to be performed. The sewer dye test shallWILL be performed by the Water Services
Department when the customer has paid a fee of fifty dollars$50 to cover the costs of
the test. If the test shows that the sewer tap is not in service, the fifty dollar$50 fee
shallWILL be refunded to the customer.
Sec. 28-29. Planning and Development Director to approveAPPROVAL OF design,
quantity, location, size and construction of sewer servicesCONNECTIONS.
(a) The design, quantity, location, method of connection and size of all sewer taps
shall beIS subject to the approval of the Director. The Water Services Department will
install all sewer taps less than eight inches in diameter, except as provided elsewhere in
this chapter. All sewer CONNECTIONS taps eight inches in diameter or larger
shallWILL be installed by a private contractor in accordance with plans approved by the
Planning and Development Director. Review fees shallWILL be paid as set forth in
appendix A.2 of the City Code. Sewer taps shallMAY be connected to public sewers
only, unless specifically authorized and approved by the Director.
(b) Where property borders public right-of-way or public easements containing a
serviceable City of Phoenix wastewater main, such property,PROPERTY when
developed, shallMUST be connected to the City of Phoenix wastewater SEWER
system. Sewer taps shallMUST extend at right angles from the main SEWER to the
property line and shallMUST be installed in accordance with the CITY DESIGN
STANDARDSmost current edition of the Maricopa Association of Governments uniform
standard specifications and details for public works construction and the City of Phoenix
supplementals to Maricopa Association of Governments standard specifications and
details.

(c) Permits for sewer taps will not be granted, orAND may be revoked, when the
lateral sewer passes through property which at the time is or may become, the property
of persons other than the owner of the property to be served from such connection.
(D) A SEWER TAP MAY NOT BE LAID IN A WATER LINE TRENCH OR WITHIN SIX
FEET OF A WATER LINE TRENCH.
Sec. 28-30. Special provisions for installing sewer taps in new subdivisions and
developments.
In new subdivisions or developments where public sewer extensions are authorized by
the City and constructed at the developer’s expense, the City may authorize the
developer or hisITS agent, if he so desires, to install sewer taps with wyes or tees and
connect the lateral sewers to the building connection under the following provisions:
A.(a) The construction of the public sewer, sewer taps, and connections of the
lateral sewer to the sewer tap shallMUST be under the supervision of a registered
civil engineer holding registration in the Sstate, who shallMUST submit "as-built
plans," bearing the registered civil engineer’s registration seal and number, to the
Planning and Development Department.
(b) It IS THE DEVELOPER’S RESPONSIBILITYshall be the duty of the
developer to require that all sewer taps serving lots in the development upon which
no buildings are constructed, be effectively sealed until such time as buildings will
be constructed on the lots left vacant. Such sealed connections shallMUST be
inspected and approved by the Planning and Development Department before
being backfilled and shallMUST be designated and located on the "as-built plans."
The effective seal shallMUST consist of a vitrified clay stopper inserted in the bell
of the sewer extending to the property line from the public sewer; such stopper
shallMUST be jointed according to City of Phoenix DESIGN standardS detail
specification of such work. The stopper shallMUST be permanently flagged by
attaching one end of a length of copper wire to the stopper and the other end to a
broken piece of clay pipe, which shallMUST be placed under the solid surface
directly over the end of a sewer pipe.
B.(c) Before any building sewer construction is commenced, plumbing permits
must be obtained by the developer or hisITS agent from the Building
OfficialPLANNING AND DEVELOPMENT DIRECTOR.
C.(d) When the "as-built plans" are submitted, the Water Services
DirectorDEPARTMENT will make a record of the sewer taps.

D.(e) The Planning and Development Director will collect a fee as set forth in
appendix A.2 of the City Code
Sec. 28-31. Records to be kept by Water Services Department.
The Water Services Department shallWILL keep a record of all sewer taps made, [and]
the purpose for which they TAPS are to be used, together with the name of the owner of
the property, his agent or representative.
Sec. 28-32. Installation of sewer taps.
The installation of sewer taps eight8 inches or less will beIS the responsibility of the
Water Services Department. The contractor/developer will be responsible for the
excavation to and the uncovering of the City’s sanitary sewer main. All excavation and
trenching shallWILL be PERFORMED in accordance with the latest regulationS of the
Occupational Safety and Health Administration. The contractorDEVELOPER shallMUST
notify the Water Services Department at least forty-eight48 hours in advance for the
required sewer taps. Department employeesREPRESENTATIVES will be prohibited
from entering any excavation or trench not meeting the safety requirement of any
applicable Ccity, Sstate or federal regulations. Upon completion of the installation of the
sewer tap, the contractor/developer will be responsible for backfilling the trench and
restoring the surface to its original condition or as shown on the approved engineering
plans. All sealed connections shallMUST be inspected and approved by the City
EngineerPLANNING AND DEVELOPMENT DEPARTMENT prior to being backfilled in
accordance with Ssection 28-30(a).
Sec. 28-33. Reserved
ARTICLE V. SEWER SERVICE CHARGES
Sec. 28-34. Method of developing sewer service charges.
The user charge portion of the total sewer service charge shall beIS developed
byUSING the following methodology.
(a) The following formulas shall beARE used to develop the various elements of
the user charge portion of the sewer service charge.
(1) A treatment plant charge (T) will be made to all customers on the basis
of flow and strength of sewage discharged. It shall be AND IS calculated as
follows:
Flow Rate
= Total Flow Costs

Total Gallons of Flow
Treated
BOD Rate
= Total BOD Costs
Pounds of BOD Treated
Suspended
Solids Rate

Total TSS Costs
Total Pounds of TSS
Treated
T
= User’s Gallons X Flow
Rate + User’s BOD X
BOD Rate + User’s TSS
X TSS Rate
(2) A sewer maintenance charge (S) will be made to all customers using the
City’s sewer system and will beIS calculated as follows:
S = User’s
Gallons
X Total Cost of Sewer
Maintenance
Total Gallons of Flow
(b) The elements of THE charge developed in section 28-35(a) shall beARE
applied to the various customer classifications as follows:
(1) Customers connected to THE City of PhoenixSEWER collection
system:

User Charge = T + S
(2) Other cities using the treatment facilities but not connected to THE
City’S PUBLIC SEWERof Phoenix collection system:

User Charge = T
Sec. 28-35. Determination of sewage quantityDISCHARGE VOLUME.
(a) Calculation of CUSTOMER sewage flow shall beDISCHARGE VOLUME IS based
upon the following proportion of metered water consumption each year.
(1) Eighty percent of the average monthly water VOLUME billed during the
precedingA RELEVANT PRIOR January, February, and March multiplied by the
SFSF described in section 28-35(a)(8) shall representS sewage flowDISCHARGE
VOLUME for single-family residential customers.

a.
THE “WINTER QUARTER AVERAGE” OR “WQA” IS A
CALCULATED ESTIMATE OF EACH USER’S MONTHLY WATER
VOLUME USE DURING THE MONTHS OF JANUARY, FEBRUARY, AND
MARCH OF A RELEVANT PRIOR FISCAL YEAR. WQA’S ARE
RECALCULATED ANNUALLY. THE RECALCULATED WQA BECOMES
EFFECTIVE ON THE FIRST DAY OF THE NEW FISCAL YEAR (JULY 1)
AND REMAINS IN EFFECT UNTIL THE LAST DAY OF THAT FISCAL
YEAR (JUNE 30).
(2) If the Director determines that adequate water meter information is not
available for billing a residential customer as described above, then the customer
will be charged the average monthly SEWER billing for that user class.
(3) Eighty-five percent of the average monthly water VOLUME billed during the
preceding A RELEVANT PRIOR January, February, and March multiplied by the
SFSF described in section 28-35(a)(8) shall representS sewage flowDISCHARGE
VOLUME for all multifamily residential customers and all commercial customers
with the exception of self-service laundries and ice producers.
(4) Eighty-five percent of the monthly water meter reading multiplied by the SFSF
described in section 28-35(a)(8) shall representS sewage flowDISCHARGE
VOLUME for self-service laundries.
(5) Fifty percent of the average monthly water VOLUME billed during the
precedingA RELEVANT PRIOR January, February, and March multiplied by the
SFSF described in section 28-35(a)(8) shall representS sewage flowDISCHARGE
VOLUME for ice producers.
(6) If the Director determines that adequate water meter information is not
available TO CALCULATE SEWAGE DISCHARGE VOLUME for billing a
commercial customer as described above, then the customer’S ESTIMATED
SEWAGE DISCHARGE VOLUME will be charged a bill estimatedBASED on the
basis ofMETERED water used by a similar sized commercial customer in the same
user class.
(7) Each industrial customer will be considered as a separate user class and the
Director shallWILL determine the individual factors to be applied to the monthly
water meter reading to determine the monthly sewage flowDISCHARGE VOLUME.
(8) Estimated sewage flowDISCHARGE VOLUME for all customers other than
industrial customers will beIS further adjusted by a sewer flow stabilization factor
(SFSF). The SFSF is a factor that adjusts the current billed sewer flows (from the
precedingA RELEVANT PRIOR January, February, and March water consumption

or monthly water consumption) to reflect sewer flow used to develop the sewer
rates. The SFSF is calculated as follows:
SFSF = Billed water consumption per
account other than industrial
customers used for sewer rates

Current billed sewer flow per
account from water
consumption other than
industrial customers
(b) Other cities will be billed on the basis of their sewer meter reading, with
changes in rates effective July 1 each year.
(cb) All users for which the water supply is from other suppliers of water may furnish
to theTHE Director MAY RELY ON either a certified meter reading of water delivered, or
a copy of the billings from the water supplier, FOR USERS THAT RECEIVE WATER
FROM A SUPPLIER OTHER THAN THE CITY. The Director shall haveHAS the
exclusive authority to determine the adequacy of this information and request additional
documentation or tests if The DIRECTOR finds the information supplied IS inadequate
TO ESTABLISH THE VOLUME OF WATER SUPPLIED TO THE USER’S PROPERTY.
If the Director finds the information adequate, the user’s SEWER charges will be
calculated and the same conditions will apply as if the City were the supplier of water to
the user.
(dc) Upon approval of the Director, any individual user may, at his ownTHE USER’S
expense and subject to the regulations of the Department, install a separate WATER
meter in order to determine the quantity of water actually entering the sewer system and
future sewer charges shall be limited to that water actually entering the sewer system as
so determined by the DirectorON A LINE FROM WHICH WATER DOES NOT ENTER
THE SEWER SYSTEM. THE CALCULATION OF THAT USER’S SEWAGE
DISCHARGE VOLUME WILL NOT ACCOUNT FOR THE METERED WATER
DELIVERED TO THIS WATER LINE.
(d) SEWAGE DISCHARGE VOLUME ADJUSTMENT. CUSTOMERS THAT HAVE
THEIR SEWAGE DISCHARGE VOLUME CALCULATED BASED ON A PROPORTION
OF METERED WATER SUPPLIED TO THEM IN JANUARY, FEBRUARY, AND
MARCH MAY REQUEST THAT THE DEPARTMENT DECREASE THE SEWAGE
DISCHARGE VOLUME USED TO CALCULATE THEIR ANNUAL SEWER CHARGE
PROVIDED ALL OF THE FOLLOWING:
(1)
THE CUSTOMER EXPERIENCED EVENTS OR CIRCUMSTANCES AT
ITS PROPERTY IN THE WQA MONTHS—E.G. POOL FILLING, WATER LINE

LEAK, EXTRAORDINARY IRRIGATION OR LANDSCAPE WATERING—THAT
RESULTED IN THE AMOUNT OF ITS ACTUAL DISCHARGE TO THE SEWER
BEING LESS THAN THE SEWAGE DISCHARGE VOLUME CALCULATED BY
THE DEPARTMENT AND SET FORTH IN THE CUSTOMER’S JULY SEWER
BILL;
(2)
THE CUSTOMER SUBMITS A WRITTEN SEWAGE DISCHARGE
VOLUME ADJUSTMENT REQUEST ON A FORM AVAILABLE FROM THE
DEPARTMENT AND THAT REQUEST IS RECEIVED BY THE DEPARTMENT
NO LATER THAN 60 DAYS FROM THE DATE OF THE CUSTOMER’S JULY
SEWER BILL; AND
(3)
THE CUSTOMER SUBMITS DOCUMENTATION OR INFORMATION
WITH ITS REQUEST THAT THE DEPARTMENT MAY RELY ON TO VERIFY
THE CUSTOMER EXPERIENCED THE EVENTS OR CIRCUMSTANCES
REPORTED AND THOSE WARRANT A DECREASE IN THE SEWAGE
DISCHARGE VOLUME USED TO CALCULATE THE CUSTOMER’S ANNUAL
SEWER CHARGE.
(e) THE DEPARTMENT’S WRITTEN DECISION ON THE REQUEST FOR A
SEWAGE VOLUME DISCHARGE ADJUSTMENT IS A DETERMINATION ON A
DISPUTED CHARGE UNDER PHOENIX CITY CODE SECTION 37-95(A), WHICH
THE CUSTOMER MAY REQUEST ADMINISTRATIVE REVIEW OF PURSUANT TO
SECTIONS 37-95(B) and (C).If within sixty days of a new sewer charge being
established, a customer files a written complaint with the Director alleging that a
significant portion of his water use does not enter the sewer system, the Director, in
accordance with written appeals procedure, will provide an opportunity for the customer
to present his supporting documentation to an employee designated by the Director to
hear complaints.
(f) The Director shall have the authority to investigate and evaluate customer
complaints and appeals from billing decisions of his subordinates and may correct such
billing to reflect what in his opinion the correct billing should be, where he finds that a
meter has been misread or some other obvious billing error has occurred. If the Director
determines that a significant amount of water was used during the winter months for
lawns, shrubbery or other non-sewer purposes, he shall have the authority to make a
corresponding reduction in the sewer billing on subsequent billings only.
Sec. 28-36. Determination of wastewater quality.
(a) The Director or his designee shall have the authority toMAY make whatever tests
are necessary to carry out a planned sampling program and to make whatever analyses
are needed for all commercial and industrial users. The BOD test shall beIS considered

the standard test; however, COD or TOC tests may be substituted in cases where it has
been determined by the Director DETERMINES that the BOD test is not representative
of actual wastewater loading. Wastewater characteristics shall beARE determined by
the 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.
(b) Any change in the ongoing process(es) employed by a user contributing
commercial or industrial waste whichTHAT results in a variation of more than twenty-
five25 percent in one or more of the effluent loading concentrations shallMUST be
reported BY THE USER to the DepartmentDIRECTOR within thirty30 days of
saidIMPLEMENTING THAT change.
(c) If it is determinedTHE DIRECTOR DETERMINES through testing that a significant
variation exists between the user’s certified data and the discharge characteristics
monitored by the Department, the CityDIRECTOR may adjust the sewer use charge
based on the monitored data from the original date of certification, unless written
communication has occurredWAS RECEIVED FROM THE USER notifying the
DepartmentDIRECTOR of changes in loading and giving specific dates of THE
changes.
(d) Designated discharge. Where sampling and gauging of specific user DISCHARGE
is not practical for physical, economic, safety, or other reasons, the Director may
designate values for concentrations of the wastes discharged into the sewerage system
for all users in the same Sstandard Iindustrial Cclassification or subclassification.
Sec. 28-37. Other user charge provisions.
(a) Biennial review. The Director will review, not less often than every two2 years, the
wastewater contribution of users and user classes, the total costs of operation and
maintenance of the treatment worksPOTW, and itsTHE DEPARTMENT’S approved
user charge system. The Director shallMAY at such time recommend TO THE CITY
COUNCIL a revision in the sewer service charge and user classes to accomplish the
following:
(1) Maintain a reasonable proportionate distribution of operation and
maintenance costs among users and user classes;
(2) Generate sufficient revenue to pay the total operation and maintenance costs
necessary to the proper operation and maintenance (including replacement) of the
treatment worksPOTW; and

(3) Apply excess revenues collected from a class of users to the costs of
operation and maintenance attributable to that class for the next year and adjust
the rate accordingly.
(b) Notification of users. Each user will be notified, at least annually, in conjunction
with a regular bill, of the user charge rate and that portion of the total charges
whichTHAT are attributable to user charges.
(c) Inconsistent agreements. The user charge system set forth in this chapter is
applicable to all agreements or contracts between the City and users including industrial
users, other municipalities, STATE, or federal agencies or installations, and the terms of
this ordinance shall takeHAVE precedence over any such agreements or contracts
whichTHAT are inconsistent with the requirements of this ordinanceCHAPTER.
(d) Wastewater treatment byproducts. All revenue from the sale of treatment-related
byproducts shallWILL be used to offset the cost of operation and maintenance OF THE
POTW. User charges shallWILL be proportionally reduced for all users. Total annual
revenues received from the sale of a byproduct shallWILL be credited to the treatment
worksPOTW O&MOPERATION AND MAINTENANCE cost no later than the fiscal year
immediately following their receipt.
Sec. 28-38. Other sewer service charges.
In addition to the user charges described herein, the rate schedules shallWILL be
sufficient to cover the following costs:
(a) A portion of the annual debt service costs for retirement of sanitary sewer
bonds will be charged to all customers served directly by the POTWCity’s
wastewater collection system. The Director of Water Services Department
shallWILL make recommendations to the City Council at least once every two2
years as to how these costs shallSHOULD be proportioned among the users.
Charges to recover these costs will be called "other charges."
(b) Adequate reserve funds to allow for reasonably expected increases in the
cost of providing services will be charged to all customers served directly by the
POTWCity’s wastewater collection system. The Director of the Water Services
Department shallWILL make recommendations to the City Council as to the
amount of reserve funds necessary and as to how these funds shallSHOULD be
proportioned among the users.
(c) The costs of billing and collection and performing industrial waste
COLLECTION AND TREATEMENT services shallWILL be charged to customers
on an equitable basis. The Director of the Water Services Department shallWILL

make recommendations to the City Council as to how these costs shallSHOULD
be proportioned among the users. Charges to recover these costs will be called
"billing and collection charges" and "industrial waste charges" respectively.
Sec. 28-39. Sewer service rates and charges within and without the City.
(a) There shallWILL be charged the following monthly service rate or charge for
customers receiving City of Phoenix sewer service inside the limits of the City of
Phoenix:
1. Residential Users: Rate per hundred cubic feet of sewage discharged.
USER CATEGORY
Sewer User
Rate
EFFECTIVE
March 1,
2016, to
February
28, 2017
Sewer Other
Rate
EFFECTIVE
March 1, 2016,
to February 28,
2017
Total
Sewer
Service
Rate
EFFECTIVE
March 1,
2016, to
February
28, 2017
Single-Family Residence
$0.8359
$1.5922
$2.4281
Multi-Family Residence and
Trailer Courts
$0.8359
$1.5922
$2.4281
USER CATEGORY
Sewer User
Rate
EFFECTIVE
March 1,
2017, to
February
28, 2018
Sewer Other
Rate
EFFECTIVE
March 1, 2017,
to February 28,
2018
Total
Sewer
Service
Rate
EFFECTIVE
March 1,
2017, to
February
28, 2018
Single-Family Residence
$0.8708
$1.6026
$2.4734
Multi-Family Residence and
Trailer Courts
$0.8708
$1.6026
$2.4734
2. Commercial and Public Users: Rate per hundred cubic feet of sewage
discharged.

USER CATEGORY
Sewer
User
Rate
March 1,
2016, to
February
28, 2017
Sewer Other Rate
March 1, 2016, to
February 28, 2017
Total
Sewer
Service
Rate
March 1,
2016, to
February
28, 2017
Commercial

Domestic Strength

Without Dining Facilities
$0.7374 $1.4269
$2.1643

With Dining Facilities
$0.9115 $1.7083
$2.6198

Laundries/Commercial
$1.5137 $2.6283
$4.1420

Mortuaries
$1.3561 $2.2804
$3.6365

Restaurants and Bakeries

Without Dining Facilities
$1.7572 $3.0255
$4.7827

With Dining Facilities
$1.8596 $3.1933
$5.0529
Public

Federal Buildings

Without Dining Facilities
$0.7160 $1.3752
$2.0912

With Dining Facilities
$0.8538 $1.6137
$2.4675
All Other Public

Without Dining Facilities
$0.7160 $1.3752
$2.0912

With Dining Facilities
$0.8538 $1.6137
$2.4675
USER CATEGORY
Sewer
User
Rate
EFFECTI
VE
March 1,
2017, to
February
28, 2018
Sewer Other Rate
EFFECTIVE March
1, 2017, to
February 28, 2018
Total
Sewer
Service
Rate
EFFECTI
VE
March 1,
2017, to
February
28, 2018
Commercial

USER CATEGORY
Sewer
User
Rate
EFFECTI
VE
March 1,
2017, to
February
28, 2018
Sewer Other Rate
EFFECTIVE March
1, 2017, to
February 28, 2018
Total
Sewer
Service
Rate
EFFECTI
VE
March 1,
2017, to
February
28, 2018

Domestic Strength

Without Dining Facilities $0.7655 $1.4430
$2.2085

With Dining Facilities
$0.9513 $1.7110
$2.6623

Laundries/Commercial
$1.5931 $2.5686
$4.1617

Mortuaries
$1.4238 $2.2052
$3.6290

Restaurants and Bakeries

Without Dining Facilities $1.8529 $2.9483
$4.8012

With Dining Facilities
$1.9622 $3.1088
$5.0710
Public

Federal Buildings

Without Dining Facilities $0.7423 $1.3881
$2.1304

With Dining Facilities
$0.8897 $1.6204
$2.5101
All Other Public

Without Dining Facilities
$0.7423 $1.3881
$2.1304

With Dining Facilities
$0.8897 $1.6204
$2.5101
3. Industrial Users: Rates.

USER CATEGORY
Sewer
User
Rate
March 1,
2016, to
February
28, 2017
Sewer Other
Rate
March 1,
2016, to
February 28,
2017
Total
Sewer
Service
Rate
March 1,
2016, to
February
28, 2017
Charge per Hundred Cubic Feet (CCF)
of Sewage Discharged
$0.3694
$0.8351
$1.2045
Charge per Pound of B.O.D.
$0.1937
$0.2745
$0.4682
Charge per Pound of Suspended
Solids
$0.1339
$0.2584
$0.3923
USER CATEGORY
Sewer User
Rate
EFFECTIVE
March 1,
2017, to
February
28, 2018
Sewer Other
Rate
EFFECTIVE
March 1,
2017, to
February 28,
2018
Total
Sewer
Service
Rate
EFFECTIVE
March 1,
2017, to
February
28, 2018
Charge per Hundred Cubic Feet
(CCF) of Sewage Discharged
$0.3728
$0.8804
$1.2533
Charge per Pound of B.O.D.
$0.2059
$0.2481
$0.4540
Charge per Pound of Suspended
Solids
$0.1437
$0.2606
$0.4044
4. Multi-City Subregional Operating Group (SROG) Agreement Members.
Member
Sewer User
Billing Charge
Per Thousand
Gallons
City of Glendale
$1.19392
City of Mesa
$1.05664
City of Scottsdale
$1.19719
City of Tempe
$0.74860

(b) In addition to user charges and other charges, allALL residential, commercial, and
industrial users shallWILL pay a billing and collection charge of $1.00 per billing per
month.
(c) In addition to user charges and other charges, carCAR washes, laundries,
restaurants, bakeries, service stations and auto repair shops, and other commercial
andOR public users with dining facilities shallWILL pay a commercial inspection charge
of $19.53 per month.
(d) In addition to user charges, SROG member cities shall pay all sample collection
and analytical costs associated with sampling activities at SROG facilities. These costs
are established every December for the upcoming year by the Water Services Director
and are determined by using the same unit cost amount used by the City of Phoenix for
sample collection and analytical activities within the City limits.
(ed) In addition, allALL industrial users, including platersMETAL PLATING
FACILITIES, shallWILL pay an industrial waste pretreatment monitoring charge of
$0.2918 per hundred cubic feet of sewageWASTEWATER discharged.
(fe) All customers served directly by the City and located outside the City limits
shallWILL pay at a rate of one and one-half times the rate for the same classification of
service inside the City. In determining the amount, the Finance Director shallWILL
charge these customers the same user rates as customers inside the City and will add
to this amount, as an "other charge," an amount sufficient to make the total charge
payable by such customers equal to one and one-half times the amount paid for the
same classification in the City.
(gf) There shall be a minimum monthly charge for allALL customers receiving City of
Phoenix sewer service WILL BE BILLED A MINIMUM MONTHLY CHARGEin the
amount of $4.50 per billing.
(hg) All significant industrial users who are required to obtain a WASTEWATER
DISCHARGE permit pursuant to Ssection 28-45 of the City Code will be assessed an
annual pretreatment monitoring fee of $1,009.00.
(h)
COST AND EXPENSES INCURRED BY THE CITY TO REPAIR OR REPLACE
DAMAGED, STOLEN, TAMPERED WITH, OR MISUSED CITY SEWER SYSTEM
EQUIPMENT OR FACILITIES WILL BE CHARGED AGAINST AND COLLECTED
FROM THE PERSON OR PERSONS WHO DAMAGED, STOLE, TAMPERED WITH,
OR MISUSED THE SEWER SYSTEM EQUIPMENT OR FACILITIES.
Sec. 28-40. Reserved.

Sec. 28-41. Payment of bills and charges.
(a)
THE DEPARTMENT WILL IDENTIFY All sewer user accounts shall be carried on
the books of the Water Services DepartmentIN ITS RECORDS by the house and street
numbersADDRESS OF THE PROPERTY SERVED. THE DEPARTMENT WILL SEND
All notices sent out by the City regarding sewer user accounts, and all notices regarding
any other matter pertaining to the use of the City sewerage system shall be sent to the
ACCOUNT ADDRESS ON RECORDhouse and street number of such property. Should
the customer desire notices from the City to be sent to another address, theTHE
customer mustMAY submit A WRITTEN REQUEST TO HAVE NOTICES SENT
INSTEAD TO AN EMAIL ADDRESS OR TO AN ADDRESS OTHER THAN THE
SERVICE ACCOUNT ADDRESS. this mailing address to the Water Services
Department. To insure proper delivery of notices, all errors in house and street numbers
should be promptly reported to the Water Services Department. CHANGES OF
ADDRESS OR NOTIFICATIONS OF AN INCORRECT ADDRESS MUST BE
PROMPTLY SUBMITTED TO THE DEPARTMENT.
(b) The sewer account shallWILL distinguish the amount of the sewer user charge
from any industrial cost recovery charge, if applicable.
(c) All rates and service charges are due and payable when rendered. Payment must
be made no later than the due date printed on the bill. If payment is not received by the
due date the account is considered delinquent and subject to a late fee of three percent
per month assessed on the delinquent amount. The next monthly billing invoice will
indicate the past due amount, all late fees, and the current amount due. In addition to
late fees a delinquent account is subject to having the water services discontinued if the
account remains delinquent. A final billing notice of non-payment will be mailed giving
the date that the water service will be discontinued. If the total amount identified in the
final billing notice is not paid prior to the scheduled disconnection date, the water
service will be turned off to the premises. No further notice will be given to the customer.
A turnoff fee will be assessed to the customer’s account for discontinuance of service.
The turnoff fee, in addition to all amounts due and owing must be paid before restoring
service. An account may also become delinquent and subject to disconnection for
nonpayment of return check amounts and service charges. If a customer disputes the
amount of the bill or protests a proposed termination of service as unjustified, the
customer may present objections by following the procedures set forth in Phoenix City
Code Section 37-95.ALL CITY SERVICE CHARGES ARE DUE AND PAYABLE WHEN
BILLED. THE CUSTOMER MUST PAY ALL AMOUNTS BY THE DUE DATE PRINTED
ON THE CITY SERVICES BILL. IF THE TOTAL AMOUNT OWED IS NOT FULLY PAID
TO THE DEPARTMENT BY THE MONTHLY BILL’S PUBLISHED DUE DATE, THE
DEPARTMENT WILL ASSESS A LATE FEE OF 3 PERCENT PER MONTH ON THE
DELINQUENT AMOUNT. THE NEXT MONTH’S BILL WILL INDICATE THE AMOUNT

PAST DUE, ALL LATE FEES, AND THE CURRENT BALANCE DUE. THE
DEPARTMENT WILL ASSESS A LATE EACH MONTH ON ANY DELINQUENT
AMOUNT, INCLUDING UNPAID LATE FEES.
(d) A consumer’s water service may be disconnected for nonpayment of a bill for City
sewer service rendered at a previous location.IF WATER SERVICE IS SUSPENDED
AS PRESCRIBED BY CITY CODE 37-88 TO A SINGLE-FAMILY RESIDENCE, THE
DEPARTMENT WILL NOT ASSESS ADDITIONAL LATE FEES TO THE CUSTOMER
AS OF THE DATE OF THE SUSPENSION OF WATER SERVICE; HOWEVER, THE
CUSTOMER MUST PAY LATE FEES ALREADY ASSESSED AS OF THAT DATE,
ALONG WITH ANY OTHER AMOUNTS DUE AND OWING, TO RESTORE WATER
SERVICE IN ACCORDANCE WITH CITY CODE 37-88.
(e) Any expense caused by the City for the repair or replacement of damaged, stolen,
tampered with or misused sewer facilities shall be charged against and collected from
the person or persons who caused the expense. THE DEPARMENT MAY FILE A LIEN
ON A PROPERTY SERVED FOR NONPAYMENT BY THE PROPERTY OWNER OF
SEWER SERVICE CHARGES AFTER 90 DAYS. BEFORE RECORDING THE LIEN,
THE DEPARTMENT WILL SEND TO THE CUSTOMER A NOTICE OF NON-
PAYMENT INFORMING THE CUSTOMER OF THE AMOUNT THAT NEEDS TO BE
PAID AND THE DATE BY WHICH PAYMENT MUST BE RECEIVED TO AVOID
RECORDATION OF THE LIEN. THE NOTICE WILL BE SENT BY MAIL OR
ELECTRONICALLY IF THE CUSTOMER HAS PREVIOUSLY ELECTED TO RECEIVE
BILLS ELECTRONICALLY. THE DEPARTMENT WILL PROVIDE NO FURTHER
NOTICE. THE CUSTOMER MUST PAY ALL AMOUNTS DUE AND OWING,
INCLUDING ANY FEES AND ANY ASSESSED LATE FEES, BEFORE THE
DEPARTMENT WILL REMOVE THE LIEN.
(f) All requests for discontinuing service can be made by the customer or authorized
agent of the customer of the property or by the named applicant on a service account or
his authorized agent. All charges for services supplied to such premises shall be
calculated and due on the specified due date printed on the bill. A customer requesting
discontinuance of service must also furnish the Water Services Department with a
change of address.THE DEPARTMENT MAY SEND ACCOUNTS WITH UNPAID
SERVICE CHARGES TO A COLLECTION AGENCY FOR PURPOSES OF
COLLECTING ON THAT UNPAID DEBT.
(g) Until a request to discontinue service is received by the Water Services
Department, the customer is still responsible for all billing invoices. IF A SEWER
CUSTOMER DISPUTES THE AMOUNT OF THE BILL OR PROTESTS THE
DEPARTMENT’S FILING OF A LIEN ON THE PROPERTY FOR NONPAYMENT OF

SEWER SERVICES CHARGES, THE CUSTOMER MAY PRESENT ITS OBJECTIONS
BY FOLLOWING THE PROCEDURES SET FORTH IN PHOENIX CITY CODE 37-95.
(h) THE CUSTOMER OR THEIR AUTHORIZED AGENT MUST MAKE ANY
REQUEST TO DISCONTINUE SERVICE. WHEN A REQUEST TO DISCONTINUE
SERVICE IS SUBMITTED, THE DEPARTMENT WILL CALCULATE AND BILL FOR
ALL UNPAID CHARGES FOR SERVICES SUPPLIED TO THE PREMISES. THE
CUSTOMER MUST PAY ALL CHARGES BY THE DATE SPECIFIED ON THE BILL.
THE CUSTOMER REQUESTING DISCONTINUANCE OF SERVICE MUST ALSO
FURNISH THE DEPARTMENT WITH A CHANGE OF ADDRESS.
(i) UNTIL THE CUSTOMER PROVIDES THE DEPARTMENT WITH A NOTICE OF
DISCONTINUANCE OF SERVICE, THE CUSTOMER REMAINS RESPONSIBLE FOR
SEWER SERVICE AT THE SERVICE LOCATION.
(j) IF THE CUSTOMER HAS A DEPOSIT ON ACCOUNT WITH THE DEPARTMENT,
THE DEPARTMENT WILL APPLY THE DEPOSIT AMOUNT TO ANY BALANCE
OWING ON THE ACCOUNT. THE DEPARTMENT WILL REFUND TO THE
CUSTOMER ANY CREDIT IN EXCESS OF ANY BALANCE OWED BY THE
CUSTOMER.
Sec. 28-41.1. Application for service.
An applicant for sewer service shallMUST submit the REQUIRED APPLICATION
information referenced in SECTION 37-84(A)1 or 2. If the information has been
submitted for a water SERVICE application, the applicant for sewer service shallMUST
provide the information relevant to sewer service on the existing application, if THE
APPLICANT IS REQUESTINGfor sewer service at the same address as THE water
service application.
Sec. 28-41.2. Financial responsibility deposits.
(a) Customers must post a deposit with the City if a good payment record isHAS not
BEEN established or maintained. For purposes of this Ssection, criteria defining what
constitutes a good payment record is identified in the Water ServicesDEPARTMENT’S
Deposit Policy. A copy of this policy HAS BEEN PUBLISHED BY AND is on file with the
Water Services Department. In such event theTHE deposit will be an amount equal to
the average MONTHLY CITY SERVICES billing invoices for A SIMILAR TYPE OF
PROPERTY SERVED IN the previous twelve12 months. ALL DEPOSITS ARE NON-
INTEREST BEARING. InIF the event the customer fails to post the required deposit,

sewer service will not be initiated, OR IT WILL BE SUSPENED IF SEWER SERVICE
WAS INITIATED or water services will be discontinued.
(b) Customer accounts that do not have a billing record sufficient to calculate a
deposit as provided in Paragraph A shall be determined by using an average twelve
month billing for similar residential or commercial accounts. IF A CUSTOMER’S CITY
SERVICE ACCOUNT IS SUSPENDED FOR NON-PAYMENT, THE CUSTOMER
MUST POST A SECURITY DEPOSIT.
(c) All deposits shall be non-interest-bearing. The deposit shall be applied to the
account within the next billing cycle, after a customer has maintained a good payment
record for 12 consecutive months. IF A CUSTOMER MAKES FULL AND TIMELY
PAYMENTS OF THE CITY SERVICES BILL FOR 12 CONSECUTIVE MONTHS, THE
DEPARTMENT WILL APPLY THE DEPOSIT TO THE CUSTOMER’S CITY SERVICES
ACCOUNT BALANCE.
(d) If an account is closed at the customer’s request, within 60 days thereafter, the
Deposit, less any amounts due and owing, will be returned to the customer.IF AN
ACCOUNT IS CLOSED AT THE CUSTOMER’S REQUEST, THE DEPARTMENT WILL
REFUND THE DEPOSIT TO THE CUSTOMER WITHIN 60 DAYS, LESS ANY
AMOUNT OWED TO THE CITY FOR CITY SERVICES.
Sec. 28-41.3. Errors in sewer fees.
A.(a) If an error occurs and a customer has received City sewer service but was not
charged for that service, the Director may charge the customer an amount not to
exceed the cost of 36 months of service prior to the date the customer notifies the City
of the error or the date the City discovers the error.
B.(b) If an error occurs and a customer was charged for sewer service that was not
received, the Director may approve a payment or credit to the customer in an amount
not to exceed the cost of 36 months of service prior to the date the customer notifies the
City of the error or the date the City discovers the error.
Sec. 28-42. Reserved.
Sec. 28-43. Distribution of sewerage system revenues and utilization of funds.
(a) Funds shall beHAVE BEEN established for the proper distribution of sewer
revenues. They shall include but ARE not be limited to the following:
(1) Sewerage revenue fund.
(2) Sewerage operation and maintenance fund—User charge.

(3) Sewerage operation and maintenance fund—Other charges.
(4) Sewerage replacement fund—91st Avenue Plant.
(5) Sewerage replacement fund—23rd Avenue Plant.
(6) Sewerage replacement fund—Lines.
(b) The distribution of sewer charges to the above funds shall beIS as follows:
(1) The operation and maintenance portion of the sewer user charge revenues
shall beIS allocated to the sewerage operations and maintenance fund—user
charge.
(2) The applicable portion of the sewer service charge revenues shall beIS
allocated to the sewerage operation and maintenance fund—other charges.
(3) The replacement fund portion of the sewer user charge revenues shall beIS
allocated to the sewerage replacement funds.
(c) The utilization of the above funds shall beIS as follows:
(1) Sewerage operations and maintenance fund—user charge shall beIS utilized
for the user charge portion of the personal services and operational expenses
associated with the operation and maintenance of wastewater treatment facilities
and sewage collection facilities.
(2) Sewerage operation and maintenance fund—other charges shall beIS utilized
for personal services and operational expenses associated with the provision of
sewerage system services that are not included in the user charge fund.
(3) Sewerage replacement funds shall beIS utilized for obtaining and installing
equipment, accessories or appurtenances which are necessary to maintain the
capacity and performance of the system.
ARTICLE VI. INDUSTRIAL USER AND PRETREATMENT REQUIREMENTS
Sec. 28-44. General industrial user requirements.
All industrial users shallMUST:
(a) Comply with the categorical PRETREATMENT standards, pretreatment
requirements, and all other requirements imposed by this chapter upon POTW
users.; Uupon the effective date of any federal categorical pretreatment standards
for a particular industrial subcategory, the federal standard, if more stringent than

the effluent limitations imposed under this chapter, shall immediately supersede
those limitationsWILL BECOME THE APPLICABLE COMPLIANCE STANDARD.;
(b) Comply with the orders of the Director designed to implement the categorical
standards, pretreatment requirementsSTANDARDS and all other requirements
imposed by this chapter.;
(c) Prior to the discharge of wastewater to the POTW by any user required to
have a permit under this chapter, the user shallMUST file a written notice with the
Director whichTHAT identifies the:
(1) Name and address of the existing or prospective users;,
(2) Business location(s) served or to be served by the POTW;,
(3) Nature, concentration, and amounts of any substance present at, or
intended to be present at such business location(s) whichTHAT, if discharged
to the POTW, could constitute an industrial discharge;, and
(4) Nature and concentration of all pollutants currently discharged to the
POTW from such business location(s).;
(d) Carry out, and maintain an adequateACCURATE AND COMPLETE record
of, allFOR NO LESS THAN 3 YEARS OF ALL WASTE DISPOSAL, WATER
USAGE, FACILITY OPERATIONS, PRODUCTION VOLUMES, AND self-
inspection and self-monitoring activities necessary for the DIRECTOR TO
DETERMINE WHETHER THE user to know at all times whether or not such user
is introducingHAS INTRODUCED any industrial discharge to the POTW.;
(e) Assist the Director to determine the exact nature, concentration, and volume
of any pollutant intended for discharge to the POTW.; Ttherefore, upon request,
any user or industrial user shallWILL promptly:
(1) Allow the examination and copying of all relevant records or documents
available to the user;,
(2) Allow the inspection of all business locations served by the POTW,
including all pretreatment equipment, methods, and activities utilized by the
user at such locations;,
(3) Install and maintain, at the user’s expense, convenient and adequate
monitoring and/or sampling point(s) neededREQUIRED by the Director for
monitoring and/or sampling purposes;,

(4) Allow the taking and removalCOLLECTION of samples from any
wastewater discharged or intended for discharge, to the POTW;, and
(5) Provide the Director with any other information, including, but not limited
to, chemical analyses of wastewater, and architectural or engineering design
data, drawings, PLANS, etc., which are reasonably neededREQUIRED by the
Director for the purpose of determining such user’s compliance with the
requirements of this chapter.;
(f) Not cause an industrial discharge without having first obtained a permit
required by this chapter. The industrial user shall comply with all requirements and
conditions of any permit. Once a permit is issued, no industrial user shall:
(1) Make any new or increased industrial discharge, or otherwise make any
change in the nature of its industrial discharge(s) if such change will cause
any new or increased industrial discharge, without first obtaining an amended
permit.
(2) Fail to give notice to the Water Services Department of not less than
ninety days prior to any facility expansion, production increase, or process
modifications which results or may result in new or increased discharges or a
change in the nature of the discharge.
(3) Fail to give advance notice to the Water Services Department of any
planned changes in the permitted facility or activity which may result in
noncompliance with permit requirements.
(gf) Comply with the demand of the Director to immediately halt any actual or
threatened discharge to the POTW when the Director has given notice that such
actual or threatened discharge:
(1) Presents or may present an imminent or substantial endangerment to the
health or welfare of any person or to the environment;, or
(2) WillMAY cause interference or pass-through with POTW operations.;
(hg) Immediately give notice to the Director of any discharge, including an
accidental discharge, which is in violation of any categorical standard,
pretreatment requirement, or permit condition imposed by this chapter. Such notice
shall also describeTAKE ACTION TO ADDRESS A VIOLATION OF THIS
CHAPTER INCLUDING HALTING OR REDUCING OPERATIONS OR
DISCHARGE, AND PROVIDE IMMEDIATE NOTICE TO THE DIRECTOR
DESCRIBING the:

(1) Location of the discharge;,
(2) Known or estimated nature, concentration, and volume of the discharged
pollutant(s);,
(3) Type of assistance desired from the City;, and
(4) Corrective action(s) undertaken, being undertaken, and/or to be
undertaken by the user.; Aany user causing such a discharge shallMUST also
initiate all appropriate corrective action(s) required by the Director which are
needed to:
(i) Prevent any further injury to human health or safety, or to the
environment, the POTW, and/or any other property;,
(ii) Promptly repair all or part of anyTHE injury or damage caused by
such discharge;, and
(iii) Ensure that such a discharge does not occur again.;
(ih) Pay all sewer fees charged by the City for the wastewater collection and
disposal services provided by the POTW pursuant to the requirements of this
chapter.; Ssuch service fees will apply equally to all POTW users and will be
determined by each user’s proportionate share of the POTW operating and
maintenance costs.; Iin turn the proportionate share will be based on such factors
as the strength, volume, and flow rate of wastewater discharged to the POTW by
each user.;
(ji) Reimburse the City for all extraordinary expenses reasonably incurred by the
City in iEnsuring such POTW user’s compliance with the applicable requirements
of this chapter.; Aan extraordinary expense is any cost not otherwise reimbursed
from the normal collection of sewer fees.; Ttherefore, extraordinary expenses
include, but are not limited to, the costs in:
(1) Issuing permits;,
(2) Conducting inspection, surveillance, and monitoring activities;,
(3) Obtaining laboratory analyses of waste samples;,
(4) Taking enforcement actions against users not in compliance with the
requirements of this chapter;, and

(5) Carrying out any measureS needed for the protection of human health or
safety, the environment, the POTW, or any other property in order to correct
or mitigate any harm caused by the violation of any categorical standard or
pretreatment requirement.;
(kj) Be financially responsible for all injury, damage, and/or loss suffered by any
person as a result of any industrial discharge, by such user, whichTHAT violates
any categorical standard, pretreatment requirement, or permit condition enforced
pursuant to this chapter.; Iin particular, such user shall beIS liable for the:
(1) Personal injury suffered by any person as a result of such discharge;,
(2) Costs reasonably incurred by any person in correcting, or otherwise
mitigating, any adverse environmental impact whichTHAT resulted from such
discharge;, and
(3) Economic loss and property damage suffered by any person as a result
of such discharge.;
(l) Fully comply with this subpart if the results of the user’s self-monitoring
wastewater analysis indicates a violation has occurred:
(1) Inform the Director of the violation within twenty-four hours of becoming
aware of the violation; and
(2) Repeat the wastewater sampling and pollutant analysis and submit in
writing the results of the repeat analysis within thirty days after becoming
aware of the violation, unless the Director requires it sooner.
(m) (1) Notify the Director, the EPA Regional Wastewater 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 Code of Federal Regulations part 261. Such notification must
include the name of the hazardous waste as set forth in 40 Code of Federal
Regulations part 261, the EPA hazardous waste number, and the type of
discharge (continuous, batch, or other). If the industrial user discharges more than
one hundred kilograms of such waste per calendar month to the POTW, the
notification shall also contain the following information to the extent such
information is known and readily available to the industrial user: an identification of
the hazardous constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the waste stream discharged during that
calendar month, and an estimation of the mass of constituents in the waste stream
expected to be discharged during the following twelve months. All notifications

must take place within one hundred eighty days of the effective date of this
ordinance. Industrial users who commence discharging after the effective date of
this ordinance shall provide the notification no later than one hundred eighty days
after the discharge of the listed or characteristic hazardous waste. Any notification
under this paragraph need be submitted only once for each hazardous waste
discharged. However, notifications of changed discharges must be submitted
under 40 Code of Federal Regulations section 403.12(j). The notification
requirement in this section does not apply to pollutants already reported under the
self-monitoring requirements of 40 Code of Federal Regulations section 403.12(b),
(d), and (e).
(2) Dischargers are exempt from the requirements of paragraph (m)(1)
during a calendar month in which they discharge no more than fifteen
kilograms of hazardous wastes, unless the wastes are acute hazardous
wastes as specified in 40 Code of Federal Regulations sections 261.30(d) and
261.33(e). Discharge of more than fifteen kilograms of non-acute hazardous
wastes in a calendar month, or of any quantity of acute hazardous wastes as
specified in 40 Code of Federal Regulations sections 261.30(d) and 261.33(c),
requires a one-time notification.
Subsequent months during which the industrial user discharges more than
such quantities of any hazardous waste do not require additional notification.
(3) In the case of new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the industrial user must notify the Director of
the discharge of such substance within ninety days of the effective date of
such regulations.
(4) In the case of any notification made under this paragraph, the industrial
user shall certify that it has a program in place to reduce the volume and
toxicity of wastes generated to the degree it has determined to be
economically practicable and that it has selected the method of treatment,
storage, or disposal currently available which minimizes the present and future
threat to human health and the environment.
(n) Sign all permit applications using the appropriate signatory:
(1) For a corporation: By a corporate officer of [or] other persons performing
a similar policy or decision-making function for the corporation;
(2) For a partnership or sole proprietorship: By a general partner or the
proprietor, respectively; or

(3) For a government entity: By the administrator, chairman, Director, or
principal executive responsible for operations at the facility.
(ok) Ensure that all applications, correspondence, reports, CERTIFICATIONS,
and self-monitoring reports are signed by a duly authorized representative of the
person, COMPANY, OR ENTITY AS SET FORTH IN SECTION 28-44.1; described
in paragraph (n) above. Aany change in signatures or positions shallMUST be
submitted to the Director in writing within thirty30 days after the change.
A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described in paragraph
(n) above; and
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity, such
as the position of plant manager, superintendent, or position of equivalent
responsibility. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.)
(p) Certification. Any person signing a document under this article shall make the
following certification:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
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.
Sec. 28-44.1. AUTHORIZED REPRESENTATIVE; CERTIFICATION STATEMENT

(a) FOR PURPOSES OF SIGNATURES AND CERTIFICATION STATEMENTS
REQUIRED UNDER THIS CHAPTER, THE FOLLOWING PERSONS MAY BE AN
AUTHORIZED REPRESENTATIVE:
(1) A CORPORATE OFFICER OR OTHER EXECUTIVE OR MANAGEMENT
LEVEL PERSONNEL PERFORMING A SIMILAR POLICY OR DECISION-
MAKING FUNCTION FOR A CORPORATION;
(2) A GENERAL PARTNER OR THE PROPRIETOR, RESPECTIVELY FOR A
PARTNERSHIP OR SOLE PROPRIETORSHIP; AND

(3) A DIRECTOR OR HIGHEST OFFICIAL APPOINTED OR DESIGNATED
TO OVERSEE THE OPERATION AND PERFORMANCE OF THE ACTIVITIES
OF THE FACILITY, OR THEIR DESIGNEE, FOR A GOVERNMENT ENTITY.
(b) A PERSON IS A DULY AUTHORIZED REPRESENTATIVE ONLY IF:
(1) AUTHORITY IS GRANTED TO THAT PERSON IN WRITING BY AN
AUTHORIZED REPRESENTATIVE; AND
(2) THE WRITTEN AUTHORIZATION IDENTIFIES EITHER AN INDIVIDUAL
OR A POSITION HAVING RESPONSIBILITY FOR THE OVERALL
OPERATION OF THE REGULATED FACILITY OR ACTIVITY, SUCH AS THE
POSITION OF PLANT MANAGER, SUPERINTENDENT, OR POSITION OF
EQUIVALENT RESPONSIBILITY. (A DULY AUTHORIZED REPRESENTATIVE
MAY THUS BE EITHER A NAMED INDIVIDUAL OR ANY INDIVIDUAL
OCCUPYING A NAMED POSITION.)
(c) AN AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE MUST
INCLUDE A CERTIFICATION STATEMENT WHEN SUBMITTING PARTICULAR
DOCUMENTS AND INFORMATION TO THE DEPARTMENT.
(1) THE FOLLOWING CERTIFICATION STATEMENT IS REQUIRED TO BE
SIGNED AND SUBMITTED BY USERS SUBMITTING COMPLIANCE
REPORTS PER SECTION 28-44.6, BASELINE MONITORING REPORTS PER
SECTION 28-44.7, AND PERMIT APPLICATIONS PER SECTION 28-45:
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.

(2) THE FOLLOWING CERTIFICATION STATEMENT IS REQUIRED TO BE
SIGNED AND SUBMITTED BY USERS SUBMITTING THE ANNUAL
CERTIFICATION REQUIRED FOR CLASS C DISCHARGE PERMITS IN
SECTION 28-45.1(C)(1) (II):
BASED ON MY INQUIRY OF THE PERSON OR PERSONS DIRECTLY
RESPONSIBLE FOR MANAGING COMPLIANCE WITH THE
CATEGORICAL PRETREATMENT STANDARDS UNDER 40 CFR ____, I
CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF

THAT DURING THE PERIOD FROM __________, ________ TO
________, ________ [MONTHS, DAYS, YEAR]:

(a) THE FACILITY DESCRIBED AS ____________________ [FACILITY
NAME] MET THE DEFINITION OF A NON-SIGNIFICANT
CATEGORICAL INDUSTRIAL USER AS DESCRIBED IN SECTION 28-
45.1(C);

(b) THE FACILITY COMPLIED WITH ALL APPLICABLE
PRETREATMENT STANDARDS AND REQUIREMENTS DURING THIS
REPORTING PERIOD; AND

(c) THE FACILITY NEVER DISCHARGED MORE THAN 100 GALLONS
OF TOTAL CATEGORICAL WASTEWATER ON ANY GIVEN DAY
DURING THIS REPORTING PERIOD. THIS COMPLIANCE
CERTIFICATION IS BASED ON THE FOLLOWING INFORMATION.

Sec. 28-44.2. COMPLIANCE SAMPLING POINTS.

WHEN REQUIRED BY THE DIRECTOR, THE USER OF ANY PROPERTY
SERVED BY A BUILDING SEWER CARRYING POTENTIALLY HARMFUL OR
INDUSTRIAL WASTES MUST INSTALL A SUITABLE COMPLIANCE SAMPLING
POINT IN THE BUILDING SEWER TO FACILITATE OBSERVATION,
MEASUREMENT, AND SAMPLING OF THE WASTES.

(a)
SUCH COMPLIANCE SAMPLING POINT, WHEN REQUIRED, MUST BE
ACCESSIBLE AND SAFELY LOCATED AND MUST BE CONSTRUCTED IN
ACCORDANCE WITH PLANS APPROVED BY THE DIRECTOR.

(b)
THE COMPLIANCE SAMPLING POINT MUST BE INSTALLED BY THE
USER AT ITS EXPENSE AND MUST BE MAINTAINED BY THE USER SO AS TO
BE SAFE AND ACCESSIBLE AT ALL TIMES.

c)
ANY TEMPORARY OR PERMANENT OBSTRUCTION TO SAFE AND EASY
ACCESS TO THE FACILITY TO BE INSPECTED AND SAMPLED MUST BE
PROMPTLY REMOVED BY THE USER AT THE REQUEST OF THE DIRECTOR
AND MUST NOT BE REPLACED. THE COSTS OF CLEARING SUCH ACCESS
WILL BE BORNE BY THE USER.

(d)
THE DIRECTOR MAY REQUIRE THE USER TO INSTALL MONITORING
EQUIPMENT AS NECESSARY. THE FACILITY’S SAMPLING AND MONITORING
EQUIPMENT MUST BE MAINTAINED AT ALL TIMES IN A SAFE AND PROPER
OPERATING CONDITION BY THE USER. ANY DEVICE USED TO MEASURE
WASTEWATER FLOW AND QUALITY MUST BE CALIBRATED AT THE
FREQUENCY AND MAINTAINED IN ACCORDANCE WITH THE DEVICE
MANUFACTURER’S RECOMMENDATIONS TO ENSURE ITS ACCURACY.

Sec. 28-44.3. ANALYTICAL REQUIREMENTS.

(a) ALL POLLUTANT ANALYSES, INCLUDING SAMPLING TECHNIQUES, TO BE
SUBMITTED AS PART OF A WASTEWATER DISCHARGE PERMIT APPLICATION
OR REPORT MUST BE PERFORMED IN ACCORDANCE WITH THE
TECHNIQUES PRESCRIBED IN 40 CFR PART 136, UNLESS OTHERWISE
SPECIFIED IN AN APPLICABLE CATEGORICAL PRETREATMENT STANDARD.

(b) IF 40 CFR PART 136 DOES NOT CONTAIN SAMPLING OR ANALYTICAL
TECHNIQUES FOR A POLLUTANT, OR IF THE EPA DETERMINES THAT ITS
SAMPLING AND ANALYTICAL TECHNIQUES ARE INAPPROPRIATE FOR THAT
POLLUTANT, SAMPLING AND ANALYSES OF THE POLLUTANT MUST BE
PERFORMED USING VALIDATED ANALYTICAL METHODS OR ANY OTHER
APPLICABLE SAMPLING AND ANALYTICAL PROCEDURES, INCLUDING
PROCEDURES RECOMMENDED BY THE DIRECTOR OR OTHER PARTIES
APPROVED BY EPA AND THE STATE.

Sec. 28-44.4. 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, AND
BE BASED ON DATA THAT IS REPRESENTATIVE OF CONDITIONS OCCURRING
DURING THE REPORTING PERIOD.

(a) EXCEPT AS PROVIDED IN SUBSECTIONS (b) AND (c) BELOW, THE USER
MUST COLLECT WASTEWATER SAMPLES USING 24-HOUR FLOW-
PROPORTIONAL COMPOSITE SAMPLING TECHNIQUES, UNLESS TIME-
PROPORTIONAL COMPOSITE SAMPLING OR GRAB SAMPLING IS AUTHORIZED
BY THE DIRECTOR. WHERE TIME-PROPORTIONAL COMPOSITE SAMPLING OR
GRAB SAMPLING IS AUTHORIZED BY THE DEPARTMENT, 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: (I) FOR CYANIDE, TOTAL PHENOLS, AND SULFIDES THE SAMPLES
MAY BE COMPOSITED IN THE LABORATORY OR IN THE FIELD; AND (II) 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 DEPARTMENT AS APPROPRIATE AND AS APPROVED BY THE STATE. IN
ADDITION, GRAB SAMPLES MAY BE REQUIRED TO SHOW COMPLIANCE WITH
INSTANTANEOUS LIMITS. SAMPLES COLLECTED THAT REQUIRE ANALYSIS AT
THE TIME OF COLLECTION MUST BE ANALYZED USING METHODOLOGIES
APPROVED BY THE STATE.

(b) SAMPLES FOR OIL AND GREASE, TEMPERATURE, PH, CYANIDE, TOTAL
PHENOLS, SULFIDES, AND VOLATILE ORGANIC COMPOUNDS MUST BE
OBTAINED USING GRAB COLLECTION TECHNIQUES.

(c) FOR SAMPLING REQUIRED IN SUPPORT OF BASELINE MONITORING AND 90-
DAY COMPLIANCE REPORTS REQUIRED IN SECTION 28-44.7 AND 28-44.8, A
MINIMUM OF FOUR 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 DOES NOT EXIST;
FOR FACILITIES FOR WHICH HISTORICAL SAMPLING DATA IS AVAILABLE, THE
DIRECTOR MAY AUTHORIZE A LOWER MINIMUM NUMBER OF SAMPLES. FOR
THE REPORTS REQUIRED BY SECTION 28-44.6, 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. 28-44.5. INDUSTRIAL USER REPORTING AND RECORDKEEPING
REQUIREMENTS.

(a) IN ADDITION TO THE OTHER REQUIREMENTS IMPOSED BY THIS CHAPTER,
EACH INDUSTRIAL USER WHO DISCHARGES AN INDUSTRIAL DISCHARGE INTO
THE SEWER SYSTEM MUST:
(1) MAINTAIN A CONTINUOUS DISCHARGE RECORD THAT CLEARLY

IDENTIFIES THE:

(i) DATES AND TIMES OF ALL INDUSTRIAL DISCHARGES; AND
(ii) NATURE, CONCENTRATION(S), AND VOLUME(S) OF ALL SUCH
DISCHARGES;

(2) FULLY COMPLY WITH THIS SECTION IF THE RESULTS OF THE USER’S
SELF-MONITORING WASTEWATER ANALYSIS INDICATE A VIOLATION HAS
OCCURRED:
(i) INFORM THE DIRECTOR OF THE VIOLATION; AND
(ii) REPEAT THE WASTEWATER SAMPLING AND POLLUTANT ANALYSIS
AND SUBMIT IN WRITING THE RESULTS OF THE REPEAT ANALYSIS
WITHIN 30 DAYS AFTER BECOMING AWARE OF THE VIOLATION,
UNLESS THE DIRECTOR REQUIRES IT SOONER.

(b) ALL COMPLIANCE REPORTS MUST BE SIGNED AND CERTIFIED IN
ACCORDANCE WITH SECTION 28-44.1.

(c) ALL WASTEWATER SAMPLES MUST BE REPRESENTATIVE OF THE USER’S
DISCHARGE. WASTEWATER MONITORING AND FLOW MEASUREMENT
FACILITIES MUST 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 IS NOT GROUNDS FOR THE
USER TO CLAIM THAT SAMPLE RESULTS ARE NOT REPRESENTATIVE OF ITS
DISCHARGE.

(d) 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 DIRECTOR, USING
THE PROCEDURES PRESCRIBED IN SECTION 28-44.4, THE RESULTS OF THIS
MONITORING MUST BE INCLUDED IN THE REPORT.

(e) USERS SUBJECT TO THE REPORTING REQUIREMENTS IN THIS CHAPTER
MUST RETAIN, AND MAKE AVAILABLE FOR INSPECTION AND COPYING, ALL
RECORDS OF INFORMATION OBTAINED PURSUANT TO ANY MONITORING
ACTIVITIES REQUIRED BY THIS ORDINANCE, ANY ADDITIONAL RECORDS OF
INFORMATION OBTAINED PURSUANT TO MONITORING ACTIVITIES
UNDERTAKEN BY THE USER INDEPENDENT OF SUCH REQUIREMENTS, AND
DOCUMENTATION ASSOCIATED WITH BEST MANAGEMENT PRACTICES.

(1) RECORDS MUST INCLUDE:

(i) THE DATE, EXACT PLACE, METHOD, AND TIME OF SAMPLING;
(ii) THE NAME OF THE PERSON(S) TAKING THE SAMPLES;
(iii) THE DATES ANALYSES WERE PERFORMED;
(iv) WHO PERFORMED THE ANALYSES;
(v) THE ANALYTICAL TECHNIQUES OR METHODS USED; AND
(vi) THE RESULTS OF SUCH ANALYSES.

(2) RECORDS MUST REMAIN AVAILABLE FOR A PERIOD OF AT LEAST 3
YEARS. THIS PERIOD WILL BE AUTOMATICALLY EXTENDED FOR THE
DURATION OF ANY LITIGATION CONCERNING THE USER OR CITY, OR
WHERE THE USER HAS BEEN SPECIFICALLY NOTIFIED OF A LONGER
RETENTION PERIOD BY THE DIRECTOR.

(f) THE FOLLOWING REPORTING REQUIREMENTS APPLY TO INDUSTRIAL
USERS THAT MUST SUBMIT COMPLIANCE SCHEDULES:

(1) THE SCHEDULE MUST 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 9 MONTHS;

(3) THE USER MUST SUBMIT A PROGRESS REPORT TO THE DIRECTOR
NO LATER THAN 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, MAY MORE THAN 9 MONTHS ELAPSE BETWEEN SUCH
PROGRESS REPORTS TO THE DIRECTOR.

Sec. 28-44.6. SIGNIFICANT INDUSTRIAL USER PERIODIC COMPLIANCE
REPORT REQUIREMENTS.

SIGNIFICANT INDUSTRIAL USERS MUST SUBMIT PERIODIC COMPLIANCE
REPORTS TO THE DEPARTMENT IN JUNE AND DECEMBER INDICATING THE
NATURE AND CONCENTRATION OF POLLUTANTS IN THE DISCHARGE THAT
ARE LIMITED BY PRETREATMENT STANDARDS AND THE MEASURED OR
ESTIMATED AVERAGE AND MAXIMUM DAILY FLOWS FOR THE REPORTING
PERIOD. SAMPLING AND ANALYSIS MUST BE PERFORMED IN ACCORDANCE
WITH SECTIONS 28-44.3 AND 28-44.4. IN CASES WHERE THE PRETREATMENT
STANDARD REQUIRES COMPLIANCE WITH A BEST MANAGEMENT PRACTICE
OR POLLUTION PREVENTION ALTERNATIVE, THE USER MUST SUBMIT
DOCUMENTATION TO THE DEPARTMENT REQUIRED TO DETERMINE THE
COMPLIANCE STATUS OF THE USER.

Sec. 28-44.7. CATEGORICAL INDUSTRIAL USER BASELINE MONITORING
REQUIREMENTS.

(a) AT LEAST 90 DAYS PRIOR TO COMMENCEMENT OF DISCHARGE, NEW
SOURCES AND SOURCES THAT BECOME CATEGORICAL INDUSTRIAL USERS
SUBSEQUENT TO THE PROMULGATION OF AN APPLICABLE CATEGORICAL
STANDARD, MUST SUBMIT A REPORT TO THE DIRECTOR THAT CONTAINS THE
INFORMATION LISTED IN PARAGRAPH (c) BELOW. IN ADDITION, A NEW
SOURCE MUST REPORT THE METHOD OF PRETREATMENT IT INTENDS TO USE
TO MEET APPLICABLE CATEGORICAL PRETREATMENT STANDARDS AND
ESTIMATES OF ITS ANTICIPATED FLOW AND QUANTITY OF POLLUTANTS TO BE
DISCHARGED.

(b) WITHIN EITHER 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 INDUSTRIAL USERS CURRENTLY DISCHARGING TO
OR SCHEDULED TO DISCHARGE TO THE POTW MUST SUBMIT TO THE
DIRECTOR A REPORT THAT CONTAINS THE INFORMATION LISTED IN
PARAGRAPH (c) BELOW.

(1) THE NAME AND ADDRESS OF THE FACILITY, INCLUDING THE NAME OF
THE OPERATOR AND OWNER;

(2) CONTACT INFORMATION, DESCRIPTION OF ACTIVITIES, FACILITIES, AND
PLANT PRODUCTION PROCESSES ON THE PREMISES;

(3) A LIST OF ANY ENVIRONMENTAL CONTROL PERMITS HELD BY OR FOR
THE FACILITY;

(4) A BRIEF DESCRIPTION OF THE NATURE, AVERAGE RATE OF
PRODUCTION (INCLUDING EACH PRODUCT PRODUCED BY TYPE, AMOUNT,
PROCESSES, AND RATE OF PRODUCTION), AND STANDARD INDUSTRIAL
CLASSIFICATIONS OF THE OPERATION(S) CARRIED OUT BY SUCH USER;
THIS DESCRIPTION SHOULD INCLUDE A SCHEMATIC PROCESS DIAGRAM,
WHICH INDICATES POINTS OF DISCHARGE TO THE POTW FROM THE
REGULATED PROCESSES;

(5) 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 WASTE STREAM FORMULA SET OUT IN
40 CFR 403.6(E);

(6) INFORMATION REGARDING THE MEASUREMENT OF POLLUTANTS
INCLUDING:

i.
THE CATEGORICAL PRETREATMENT STANDARDS APPLICABLE TO
EACH REGULATED PROCESS AND ANY NEW CATEGORICALLY
REGULATED PROCESSES FOR EXISTING SOURCES;

ii.
THE RESULTS OF SAMPLING AND ANALYSIS IDENTIFYING THE
NATURE, CONCENTRATION, AND MASS OF REGULATED POLLUTANTS IN
THE DISCHARGE FROM EACH REGULATED PROCESS WHERE REQUIRED
BY THE PRETREATMENT STANDARD OR BY THE DIRECTOR;

iii.
INSTANTANEOUS, DAILY MAXIMUM, AND LONG-TERM AVERAGE
CONCENTRATIONS OR MASS WHERE REQUIRED MUST BE REPORTED;

iv.
THE SAMPLE MUST BE REPRESENTATIVE OF DAILY OPERATIONS
AND MUST BE ANALYZED IN ACCORDANCE WITH PROCEDURES SET OUT
IN SECTION 28-44.3; WHERE THE PRETREATMENT STANDARD REQUIRES
COMPLIANCE WITH A BMP OR POLLUTION PREVENTION ALTERNATIVE,
THE USER MUST SUBMIT DOCUMENTATION AS REQUIRED BY THE
DIRECTOR OR THE APPLICABLE PRETREATMENT STANDARDS TO
DETERMINE COMPLIANCE WITH THE STANDARD;

v.
THE CATEGORICAL INDUSTRIAL USER MUST TAKE A MINIMUM OF
ONE REPRESENTATIVE SAMPLE TO COMPILE THE DATA NECESSARY TO
COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH;

vi.
IF PRETREATMENT FACILITIES EXIST, SAMPLES MUST BE TAKEN
IMMEDIATELY DOWNSTREAM OR IMMEDIATELY DOWNSTREAM FROM
THE REGULATED PROCESS IF NO PRETREATMENT EXISTS; IF OTHER
WASTEWATERS ARE MIXED WITH THE REGULATED WASTEWATER
PRIOR TO PRETREATMENT, THE CATEGORICAL INDUSTRIAL USERS
MUST MEASURE THE FLOWS AND CONCENTRATIONS NECESSARY TO
ALLOW USE OF THE COMBINED WASTE STREAM FORMULA IN 40 CFR
403.6(E) TO EVALUATE COMPLIANCE WITH THE PRETREATMENT
STANDARDS; WHERE AN ALTERNATE CONCENTRATION OR MASS LIMIT
HAS BEEN CALCULATED IN ACCORDANCE WITH 40 CFR 403.6(E), THIS
ADJUSTED LIMIT ALONG WITH SUPPORTING DATA MUST BE SUBMITTED
TO THE DIRECTOR;

vii.
SAMPLING AND ANALYSIS MUST BE PERFORMED IN ACCORDANCE
WITH SECTIONS 28-44.3 AND 28-44.4;

viii.
THE DIRECTOR MAY ALLOW THE SUBMISSION OF A BASELINE
REPORT WHICH UTILIZES ONLY HISTORICAL DATA SO LONG AS THE
DATA PROVIDES INFORMATION SUFFICIENT TO DETERMINE THE NEED
FOR INDUSTRIAL PRETREATMENT MEASURES; AND

ix.
THE BASELINE REPORT MUST INDICATE THE TIME, DATE, AND
PLACE OF SAMPLING AND METHODS OF ANALYSIS, AND MUST CERTIFY
THAT SUCH SAMPLING AND ANALYSIS IS REPRESENTATIVE OF NORMAL
WORK CYCLES AND EXPECTED POLLUTANT DISCHARGES TO THE
POTW;

(7) A STATEMENT, REVIEWED BY THE INDUSTRIAL USER’S AUTHORIZED
REPRESENTATIVE AS DEFINED IN SECTION 28-44.1 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 AND/OR
ADDITIONAL PRETREATMENT IS REQUIRED TO MEET THE PRETREATMENT
STANDARDS AND REQUIREMENTS;

(8) IF ADDITIONAL PRETREATMENT AND/OR OPERATION OR MAINTENANCE
IS REQUIRED TO MEET THE PRETREATMENT STANDARDS, THE SHORTEST
COMPLIANCE SCHEDULE BY WHICH THE INDUSTRIAL USER WILL PROVIDE
SUCH ADDITIONAL PRETREATMENT AND/OR OPERATION AND
MAINTENANCE MUST BE PROVIDED TO THE DEPARTMENT; THE
COMPLETION DATE IN THIS SCHEDULE MUST 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 28-44.5(F);

(9) ALL BASELINE MONITORING REPORTS MUST BE CERTIFIED IN
ACCORDANCE WITH SECTION 28-44.1 AND SIGNED BY AN AUTHORIZED
REPRESENTATIVE AS DEFINED IN SECTION 28-44.1.

Sec. 28-44.8. COMPLIANCE WITH CATEGORICAL PRETREATMENT
STANDARD DEADLINE REPORTS.

(a) WITHIN 90 DAYS FOLLOWING THE DATE FOR FINAL COMPLIANCE WITH
APPLICABLE CATEGORICAL PRETREATMENT STANDARDS, OR IN THE CASE
OF A NEW SOURCE FOLLOWING COMMENCEMENT OF THE INTRODUCTION
OF WASTEWATER INTO THE POTW, ANY USER SUBJECT TO SUCH
PRETREATMENT STANDARDS AND REQUIREMENTS MUST SUBMIT TO THE
DEPARTMENT A REPORT CONTAINING THE INFORMATION DESCRIBED IN
SECTION 28-44.7(c)(5) AND (6).

(b) FOR USERS SUBJECT TO EQUIVALENT MASS OR CONCENTRATION
LIMITS ESTABLISHED IN ACCORDANCE WITH THE PROCEDURES IN SECTION
28-45.3, THIS REPORT MUST CONTAIN A REASONABLE MEASURE OF THE
USER’S LONG-TERM PRODUCTION RATE.

(c) FOR ALL OTHER USERS SUBJECT TO CATEGORICAL PRETREATMENT
STANDARDS EXPRESSED IN TERMS OF ALLOWABLE POLLUTANT
DISCHARGE PER UNIT OF PRODUCTION (OR OTHER MEASURE OF
OPERATION), THIS REPORT MUST INCLUDE THE USER’S ACTUAL
PRODUCTION DURING THE APPROPRIATE SAMPLING PERIOD.

(d) ALL COMPLIANCE REPORTS MUST BE SIGNED IN ACCORDANCE WITH
SECTION 28-44.1 AND CERTIFIED IN ACCORDANCE WITH SECTION 28-
44.1(C)(1). ALL SAMPLING WILL BE DONE IN CONFORMANCE WITH SECTION
28-44.4.
Sec. 28-45. Significant industrial user requirements.
In addition to all other requirements each industrial user who discharges an industrial
discharge into the sewer system and is designated as a significant industrial user (SIU)
by the Director shall also:
(a) Obtain a Class A wastewater discharge permit from the Director. Any
application for a Class A permit or an amended Class A permit shall contain the
information specified in the application form or such other information as may be
requested by the Director. Any person intending to commence any new industrial
discharge(s), or any additional industrial discharge(s) not already allowed pursuant
to an existing permit, shall apply for a new or amended permit at least ninety days
prior to initiating such discharge(s).

(b) Provide all of the pretreatment necessary to comply with the categorical
standards, pretreatment requirements and best management practices imposed by
this chapter.
In addition, there shall be no discharge of any water or waste exceeding the limits
for the following substances that are expressed in the total form:
DAILY AVERAGE EFFLUENT LIMITATIONS
Substance
Limitation
Arsenic
0.13 mg/l*
Cadmium
0.047 mg/l
Copper
1.5 mg/l
Cyanide
2.0 mg/l
Lead
0.41 mg/l
Mercury
0.0023 mg/l
Selenium
0.10 mg/l
Silver
1.2 mg/l
Zinc
3.5 mg/l
* mg/l = milligrams per liter
(c) Maintain a continuous discharge record which clearly identifies the:
(1) Dates and times of all industrial discharges; and
(2) Nature, concentration(s), and volume(s) of all such discharges.
(d) Provide the Director with all reports and notices which the SIU is required to
submit in accordance with the provisions of 40 Code of Federal Regulations part
403.12. In particular, each SIU shall meet the requirements of:
(1) Notices which must be filled within one hundred eighty days of the
adoption of any categorical standard, including a compliance schedule;
(2) Notices which must be filed within ninety days of any final compliance
date, or in the case of a new source, following the commencement of the
introduction of wastewater into the POTW;

(3) Reports which must be filed by the SIU in June and December of each
year unless required more frequently by the Director;
(4) Notices which must be immediately given after a slug load release of any
industrial discharge;
(5) Sampling and analyses of pollutants discharged to the POTW, including
any more frequent sampling and analyses performed beyond what is required
by the Director;
(6) The maintenance of records by the SIU.
(e) Comply with all reporting requirements and maintain records of all information
resulting from any monitoring activities as required by chapter 28 of the Phoenix
City Code.
(f) Records required by paragraphs (d) and (e) above shall be required to be
retained for a minimum of three years from the date of monitoring activity and shall
be made available for inspection and copying. This period of retention shall be
extended during the course of any unresolved litigation between the SIU and the
City. Such records shall include for all samples:
(1) The date, exact place, method, and time of sampling and the names of
the person or persons taking the samples;
(2) The dates analyses were performed;
(3) Who performed the analyses;
(4) The analytical techniques/methods used; and
(5) The results of such analyses.
Sec. 28-45. INDUSTRIAL USER PERMIT GENERAL REQUIREMENTS.
INDUSTRIAL USERS MAY NOT CAUSE, PERMIT, OR ALLOW AN INDUSTRIAL
DISCHARGE WITHOUT HAVING FIRST OBTAINED A PERMIT REQUIRED BY THIS
CHAPTER.
(a)
AN INDUSTRIAL USER MUST COMPLY WITH ALL REQUIREMENTS AND
CONDITIONS OF ITS PERMIT.

(b)
ANY NEW INDUSTRIAL USER REQUIRED TO HAVE AN INDUSTRIAL
DISCHARGE PERMIT UNDER THIS CHAPTER MUST FILE AN APPLICATION WITH

THE DIRECTOR AT LEAST 90 DAYS PRIOR TO THE DISCHARGE OF INDUSTRIAL
WASTEWATER TO THE POTW.

(1)
MAKE ANY NEW OR INCREASED INDUSTRIAL DISCHARGE, OR
OTHERWISE MAKE ANY CHANGE IN THE NATURE OF ITS INDUSTRIAL
DISCHARGE(S) IF SUCH CHANGE WILL CAUSE ANY NEW OR INCREASED
INDUSTRIAL DISCHARGE, WITHOUT FIRST OBTAINING AN AMENDED
PERMIT;

(2)
FAIL TO GIVE NOTICE TO THE DEPARTMENT OF NOT LESS THAN 90
DAYS PRIOR TO ANY FACILITY EXPANSION, PRODUCTION INCREASE,
OR PROCESS MODIFICATIONS THAT RESULTS OR MAY RESULT IN NEW
OR INCREASED DISCHARGES OR A CHANGE IN THE NATURE OF THE
DISCHARGE; OR

(3)
FAIL TO GIVE ADVANCE NOTICE TO THE DEPARTMENT OF ANY
PLANNED CHANGES IN THE PERMITTED FACILITY OR ACTIVITY THAT
MAY RESULT IN NONCOMPLIANCE WITH PERMIT REQUIREMENTS.

(d)
ANY CURRENTLY PERMITTED INDUSTRIAL USER ADDING NEW OR
INCREASED INDUSTRIAL DISCHARGES MUST FILE AN APPLICATION FOR AN
AMENDED DISCHARGE PERMIT WITH THE DIRECTOR 90 DAYS PRIOR TO ANY
FACILITY EXPANSION, PRODUCTION INCREASE, OR PROCESS MODIFICATIONS
THAT RESULTS OR MAY RESULT IN NEW OR INCREASED DISCHARGES OR A
CHANGE IN THE NATURE OF THE DISCHARGE.

(e)
AT LEAST 60 DAYS PRIOR TO THE EXPIRATION DATE OF AN INDIVIDUAL
OR GENERAL INDUSTRIAL DISCHARGE PERMIT, ANY PERMITTED INDUSTRIAL
USER MUST FILE AN APPLICATION WITH THE DIRECTOR FOR RENEWAL OF
THE PERMIT.

(f)
AN INDUSTRIAL USER MUST SUBMIT AN APPLICATION TO THE DIRECTOR
WITH INFORMATION NEEDED TO ISSUE, AMEND OR RENEW AN INDIVIDUAL OR
GENERAL INDUSTRIAL DISCHARGE PERMIT. THE INFORMATION REQUIRED
MUST INCLUDE:
(1) THE NAME AND ADDRESS OF THE EXISTING OR PROSPECTIVE
USER, INCLUDING THE NAMES OF THE OPERATOR AND OWNER IF
DIFFERENT;
(2) THE CONTACT INFORMATION, DESCRIPTION OF ACTIVITIES,
FACILITIES, AND PLANT PRODUCTION PROCESSES ON THE PREMISES;

(3) A DESCRIPTION OF OPERATIONS, CONSISTING OF:

(i)
A BRIEF DESCRIPTION OF THE NATURE, AVERAGE RATE OF
PRODUCTION (INCLUDING EACH PRODUCT PRODUCED BY TYPE,
AMOUNT, PROCESSES, AND RATE OF PRODUCTION), AND
STANDARD INDUSTRIAL CLASSIFICATIONS OF THE OPERATION(S);

(ii)
TYPES OF WASTES GENERATED, AND A LIST OF ALL RAW
MATERIALS AND CHEMICALS USED OR STORED AT THE FACILITY
THAT ARE, OR COULD POTENTIALLY BE, DISCHARGED TO THE
POTW;

(iii)
NUMBER AND TYPE OF EMPLOYEES, HOURS OF
OPERATION, AND PLANNED OR ACTUAL HOURS OF OPERATION;

(iv)
TYPE AND AMOUNT OF RAW MATERIALS PROCESSED
(AVERAGE AND MAXIMUM PER DAY);

(v)
SITE PLANS, FLOOR PLANS, MECHANICAL AND PLUMBING
PLANS, AND DETAILS TO SHOW ALL SEWERS, FLOOR DRAINS, AND
APPURTENANCES BY SIZE, LOCATION, AND ELEVATION, AND ALL
POINTS OF DISCHARGE; AND

(vi)
A SCHEMATIC PROCESS DIAGRAM THAT IDENTIFIES POINTS
OF DISCHARGE FROM THE REGULATED PROCESS AND DISPOSAL
METHOD FOR WASTES NOT DISCHARGED TO THE POTW; AND THE
LOCATION(S) OF MONITORING ALL WASTES COVERED BY THE
PERMIT;
(4) A REQUEST TO BE COVERED UNDER A GENERAL PERMIT PURSUANT
TO SECTION 28-45.2; AND
(5) A REQUEST FOR THE DIRECTOR’S APPROVAL OF EQUIVALENT
DISCHARGE LIMITS PURSUANT TO SECTION 28-45.3.
ALL PERMIT APPLICATIONS SUBMITTED TO THE DIRECTOR MUST CONTAIN
THE CERTIFICATION STATEMENT IN SECTION 28-44(C)(1) SIGNED BY AN
AUTHORIZED PERSON PER SECTION 28-44.1.
Sec. 28-45.1. Special discharges.
(a) In addition to all other requirements imposed by this chapter upon industrial users,
the following types of industrial users who are not significant industrial users may be
required to obtain a Class B wastewater discharge permit if the Director determines the

industrial discharge causes or has the reasonable potential to cause harm or damage to
the POTW, worker safety, public safety or the environment:
(1) Zero process discharge user.
(2) Users which discharge the equivalent strength of twenty-five thousand
gallons per day of domestic waste as measured by BOD and SS.
(3) Discharges of polluted groundwater.
(4) Users discharging any of the substances identified in sections 28-9 and 28-
45(b).
(b) The industrial user shall comply with all requirements and conditions of a Class B
wastewater discharge permit issued by the Director under section 28-46
Sec. 28-45.1. INDIVIDUAL INDUSTRIAL USER PERMITS.
(a)
INDUSTRIAL USERS THAT DISCHARGE AN INDUSTRIAL DISCHARGE INTO
THE POTW AND ARE DESIGNATED AS A SIGNIFICANT INDUSTRIAL USER BY
THE DIRECTOR, MUST OBTAIN A CLASS A WASTEWATER DISCHARGE PERMIT
AND PROVIDE THE PRETREATMENT NECESSARY TO COMPLY WITH THE
PRETREATMENT STANDARDS, PRETREATMENT REQUIREMENTS, AND BEST
MANAGEMENT PRACTICES IMPOSED BY THIS CHAPTER.

(b)
INDUSTRIAL USERS WHO ARE NOT SIGNIFICANT INDUSTRIAL USERS
MAY BE REQUIRED TO OBTAIN A CLASS B WASTEWATER DISCHARGE PERMIT
IF THE DIRECTOR DETERMINES THE INDUSTRIAL DISCHARGE CAUSES OR HAS
THE REASONABLE POTENTIAL TO CAUSE HARM OR DAMAGE TO THE POTW,
WORKER SAFETY, PUBLIC SAFETY, OR THE ENVIRONMENT. INDUSTRIAL
USERS WHO MAY BE REQUIRED TO OBTAIN A CLASS B WASTEWATER
DISCHARGE PERMIT INCLUDE:

(1) USERS THAT DISCHARGE THE EQUIVALENT STRENGTH OF 25,000
GALLONS PER DAY OF DOMESTIC WASTE AS MEASURED BY BOD AND
TSS;

(2) DISCHARGERS OF POLLUTED GROUNDWATER; AND

(3) USERS DISCHARGING SUBSTANCES WITH LIMITS IDENTIFIED IN
SECTION 28-8.

(c) THE DIRECTOR MAY USE A CLASS C WASTEWATER DISCHARGE PERMIT TO
CONTROL AN INDUSTRIAL USER SUBJECT TO CATEGORICAL
PRETREATMENT STANDARDS AS A NON-SIGNIFICANT CATEGORICAL
INDUSTRIAL USER RATHER THAN A SIGNIFICANT INDUSTRIAL USER ON A

FINDING THAT THAT THE INDUSTRIAL USER NEVER DISCHARGES MORE
THAN 100 GALLONS PER DAY OF TOTAL CATEGORICAL WASTEWATER
(EXCLUDING SANITARY, NON-CONTACT COOLING AND BOILER BLOWDOWN
WASTEWATER, UNLESS SPECIFICALLY INCLUDED IN THE PRETREATMENT
STANDARD).
(1) THE INDUSTRIAL USER MUST MEET THE FOLLOWING CONDITIONS:
(i) PRIOR TO THE DEPARTMENT’S FINDING, IT HAS CONSISTENTLY
COMPLIED WITH ALL APPLICABLE CATEGORICAL PRETREATMENT
STANDARDS AND REQUIREMENTS;
(ii) ANNUALLY SUBMITS THE CERTIFICATION STATEMENT REQUIRED IN
SECTION 28-44.1(c)(2) TOGETHER WITH ANY ADDITIONAL
INFORMATION NECESSARY TO SUPPORT THE CERTIFICATION
STATEMENT; AND
(iii) NEVER DISCHARGES ANY UNTREATED CONCENTRATED
WASTEWATER.
(2) UPON A FINDING THAT A USER MEETING THE CRITERIA HAS NO
REASONABLE POTENTIAL FOR ADVERSELY AFFECTING THE POTW’S
OPERATION OR FOR VIOLATING ANY PRETREATMENT STANDARD OR
REQUIREMENT, THE DEPARTMENT MAY AT ANY TIME, ON ITS OWN
INITIATIVE OR IN RESPONSE TO A PETITION RECEIVED FROM AN
INDUSTRIAL 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.
(3) UPON A DETERMINATION OF NON-SIGNIFICANT CATEGORICAL
INDUSTRIAL STATUS, THE USER MUST SUBMIT AN APPLICATION FOR A
CLASS C WASTEWATER DISCHARGE THAT CONTAINS THE INFORMATION
SPECIFIED IN THE APPLICATION FORM OR SUCH OTHER INFORMATION
AS MAY BE REQUESTED BY THE DIRECTOR.
Sec. 28-45.2. GENERAL SIGNIFICANT INDUSTRIAL USER PERMITS.
(a) THE DIRECTOR MAY USE GENERAL PERMITS TO CONTROL SIGNIFICANT
INDUSTRIAL USER DISCHARGES TO THE POTW IF ALL FACILITIES TO BE
COVERED BY THE GENERAL PERMIT:
(1) INVOLVE THE SAME OR SUBSTANTIALLY SIMILAR TYPES OF
OPERATIONS;
(2) DISCHARGE THE SAME TYPES OF WASTES;
(3) REQUIRE THE SAME EFFLUENT LIMITATIONS;
(4) REQUIRE THE SAME OR SIMILAR MONITORING; AND

(5) AS DETERMINED BY THE DIRECTOR, ARE MORE APPROPRIATELY
CONTROLLED UNDER A GENERAL PERMIT THAN UNDER INDIVIDUAL
WASTEWATER DISCHARGE PERMITS.
(b) TO BE COVERED BY A GENERAL PERMIT, THE SIGNIFICANT INDUSTRIAL
USER MUST FILE A WRITTEN REQUEST FOR COVERAGE WITH THE
DEPARTMENT THAT IDENTIFIES:
(1) ITS CONTACT INFORMATION;
(2) PRODUCTION PROCESSES;
(3) THE TYPES OF WASTES GENERATED;
(4) THE LOCATION(S) FOR MONITORING ALL WASTES COVERED BY THE
GENERAL PERMIT; AND
(5) ANY OTHER INFORMATION THE DEPARTMENT DEEMS APPROPRIATE.
(c) THE DIRECTOR WILL RETAIN A COPY OF THE GENERAL PERMIT,
DOCUMENTATION TO SUPPORT THE DEPARTMENT’S DETERMINATION THAT A
SPECIFIC SIGNIFICANT INDUSTRIAL USER MEETS THE CRITERIA IN
PARAGRAPH (A) ABOVE AND APPLICABLE STATE REGULATIONS, AND A COPY
OF THE USER’S WRITTEN REQUEST FOR COVERAGE FOR 3 YEARS AFTER THE
EXPIRATION OF THE GENERAL PERMIT.
(d) THE DIRECTOR MAY NOT CONTROL A SIGNIFICANT INDUSTRIAL USER
THROUGH A GENERAL PERMIT WHERE THE FACILITY IS SUBJECT TO
PRODUCTION-BASED CATEGORICAL PRETREATMENT STANDARDS OR
CATEGORICAL PRETREATMENT STANDARDS EXPRESSED AS MASS OF
POLLUTANT DISCHARGED PER DAY OR FOR INDUSTRIAL USERS WHOSE
LIMITS ARE BASED ON THE COMBINED WASTE STREAM FORMULA IN 40 CFR
403.6(E).
Sec. 28-45.3. CATEGORICAL INDUSTRIAL USER PERMIT LIMITS.
INDUSTRIAL USERS MUST COMPLY WITH THE CATEGORICAL PRETREATMENT
STANDARDS FOUND AT 40 CFR PARTS 405 THROUGH 471, AND THERE MAY BE
NO DISCHARGE OF ANY WATER OR WASTE EXCEEDING THE PRETREATMENT
STANDARDS LIMITS AND LOCAL LIMITS IN SECTION 28-8.

(a) WHEN WASTEWATER SUBJECT TO A CATEGORICAL PRETREATMENT
STANDARD IS MIXED WITH WASTEWATER NOT REGULATED BY THE
SAME STANDARD, THE DIRECTOR MAY IMPOSE AN ALTERNATE LIMIT ON
THAT WASTEWATER IN ACCORDANCE WITH 40 CFR 403.6(E).
(b) WHEN THE LIMITS IN A CATEGORICAL PRETREATMENT STANDARD ARE
EXPRESSED ONLY IN TERMS OF MASS OF POLLUTANT PER UNIT OF
PRODUCTION, THE DIRECTOR MAY CONVERT THE LIMITS TO
EQUIVALENT LIMITATIONS EXPRESSED EITHER AS MASS OF POLLUTANT

DISCHARGED PER DAY OR EFFLUENT CONCENTRATION FOR PURPOSES
OF CALCULATING EFFLUENT LIMITATIONS APPLICABLE TO INDIVIDUAL
INDUSTRIAL USERS.
(c) WHEN THE LIMITS IN A CATEGORICAL PRETREATMENT STANDARD ARE
EXPRESSED ONLY IN TERMS OF POLLUTANT CONCENTRATIONS, AN
INDUSTRIAL USER MAY REQUEST THAT THE DEPARTMENT CONVERT
THE LIMITS TO EQUIVALENT MASS LIMITS. THE DETERMINATION
WHETHER TO CONVERT CONCENTRATION LIMITS TO MASS LIMITS IS
WITHIN THE SOLE DISCRETION OF THE DIRECTOR. TO BE ELIGIBLE FOR
EQUIVALENT MASS LIMITS, THE INDUSTRIAL USER MUST:
(1) EMPLOY, OR DEMONSTRATE THAT IT WILL EMPLOY, WATER
CONSERVATION METHODS AND TECHNOLOGIES THAT
SUBSTANTIALLY REDUCE WATER USE DURING THE TERM OF ITS
INDIVIDUAL WASTEWATER DISCHARGE PERMIT;
(2) CURRENTLY USE CONTROL AND TREATMENT TECHNOLOGIES
ADEQUATE TO ACHIEVE COMPLIANCE WITH THE APPLICABLE
CATEGORICAL PRETREATMENT STANDARD, AND NOT HAVE USED
DILUTION AS A SUBSTITUTE FOR TREATMENT;
(3) PROVIDE SUFFICIENT INFORMATION TO ESTABLISH THE
FACILITY’S ACTUAL AVERAGE DAILY FLOW RATE FOR ALL WASTE
STREAMS, BASED ON DATA FROM A CONTINUOUS EFFLUENT
FLOW MONITORING DEVICE, AS WELL AS THE FACILITY’S LONG-
TERM AVERAGE PRODUCTION RATE; BOTH THE ACTUAL AVERAGE
DAILY FLOW RATE AND THE LONG-TERM AVERAGE PRODUCTION
RATE MUST BE REPRESENTATIVE OF CURRENT OPERATING
CONDITIONS;
(4) NOT HAVE DAILY FLOW RATES, PRODUCTION LEVELS, OR
POLLUTANT LEVELS THAT VARY SO SIGNIFICANTLY THAT
EQUIVALENT MASS LIMITS ARE NOT APPROPRIATE TO CONTROL
THE DISCHARGE; AND
(5) HAVE CONSISTENTLY COMPLIED WITH ALL APPLICABLE
CATEGORICAL PRETREATMENT STANDARDS PRIOR TO THE
INDUSTRIAL USER’S REQUEST FOR EQUIVALENT MASS LIMITS.
(d) AN INDUSTRIAL USER SUBJECT TO EQUIVALENT MASS LIMITS MUST:
(1) MAINTAIN AND EFFECTIVELY OPERATE CONTROL AND
TREATMENT TECHNOLOGIES ADEQUATE TO ACHIEVE
COMPLIANCE WITH THE EQUIVALENT MASS LIMITS;
(2) CONTINUE TO RECORD THE FACILITY’S FLOW RATES THROUGH
THE USE OF A CONTINUOUS EFFLUENT FLOW MONITORING
DEVICE;

(3) CONTINUE TO RECORD THE FACILITY’S PRODUCTION RATES AND
NOTIFY THE DIRECTOR WHENEVER PRODUCTION RATES ARE
EXPECTED TO VARY BY MORE THAN 20 PERCENT FROM ITS
BASELINE PRODUCTION RATES DETERMINED IN SECTION 28-
45.3(c)(3); UPON NOTIFICATION OF A REVISED PRODUCTION RATE,
THE DIRECTOR WILL REASSESS THE EQUIVALENT MASS LIMIT
AND REVISE THE LIMIT AS NECESSARY TO REFLECT CHANGED
CONDITIONS AT THE FACILITY; AND
(4) CONTINUE TO EMPLOY THE SAME OR COMPARABLE WATER
CONSERVATION METHODS AND TECHNOLOGIES AS THOSE
IMPLEMENTED PURSUANT TO SECTION 28- 45.3(a) SO LONG AS IT
DISCHARGES UNDER AN EQUIVALENT MASS LIMIT.
(e) WHEN DEVELOPING EQUIVALENT MASS LIMITS, THE DIRECTOR:
(1) WILL CALCULATE THE EQUIVALENT MASS LIMIT BY MULTIPLYING
THE ACTUAL AVERAGE DAILY FLOW RATE OF THE REGULATED
PROCESS(ES) OF THE INDUSTRIAL USER BY THE
CONCENTRATION-BASED DAILY MAXIMUM AND MONTHLY
AVERAGE STANDARD FOR THE APPLICABLE CATEGORICAL
PRETREATMENT STANDARD AND THE APPROPRIATE UNIT
CONVERSION FACTOR;

(2) UPON NOTIFICATION OF A REVISED PRODUCTION RATE, WILL
REASSESS THE EQUIVALENT MASS LIMIT AND RECALCULATE THE
LIMIT AS NECESSARY TO REFLECT CHANGED CONDITIONS AT THE
FACILITY; AND
(3) MAY RETAIN THE SAME EQUIVALENT MASS LIMIT IN SUBSEQUENT
INDIVIDUAL WASTEWATER DISCHARGE PERMIT TERMS IF THE
INDUSTRIAL USER’S ACTUAL AVERAGE DAILY FLOW RATE WAS
REDUCED SOLELY AS A RESULT OF THE IMPLEMENTATION OF
WATER CONSERVATION METHODS AND TECHNOLOGIES, AND THE
ACTUAL AVERAGE DAILY FLOW RATES USED IN THE ORIGINAL
CALCULATION OF THE EQUIVALENT MASS LIMIT WAS NOT BASED
ON THE USE OF DILUTION AS A SUBSTITUTE FOR TREATMENT
PURSUANT TO SECTION 28-8(g); THE INDUSTRIAL USER MUST
ALSO BE IN COMPLIANCE WITH SECTION 28-11.1 REGARDING THE
PROHIBITION OF BYPASS.
(f) THE DIRECTOR MAY CONVERT THE MASS LIMITS OF THE CATEGORICAL
PRETREATMENT STANDARDS OF 40 CFR PARTS 414, 419, AND 455 TO
CONCENTRATION LIMITS FOR PURPOSES OF CALCULATING LIMITATIONS
APPLICABLE TO INDIVIDUAL INDUSTRIAL USERS. THE CONVERSION IS
AT THE SOLE DISCRETION OF THE DIRECTOR.
(g) ONCE INCLUDED IN ITS PERMIT, THE INDUSTRIAL USER MUST COMPLY
WITH THE EQUIVALENT LIMITATIONS DEVELOPED IN THIS SECTION IN

LIEU OF THE PROMULGATED CATEGORICAL PRETREATMENT
STANDARDS FROM WHICH THE EQUIVALENT LIMITATIONS WERE
DERIVED.
(h) MANY CATEGORICAL PRETREATMENT STANDARDS SPECIFY ONE LIMIT
FOR CALCULATING MAXIMUM DAILY DISCHARGE LIMITATIONS AND A
SECOND LIMIT FOR CALCULATING MAXIMUM MONTHLY AVERAGE, OR
FOUR-DAY AVERAGE, LIMITATIONS. WHERE SUCH STANDARDS ARE
BEING APPLIED, THE SAME PRODUCTION OR FLOW FIGURE WILL BE
USED TO CALCULATE BOTH THE AVERAGE AND THE MAXIMUM
EQUIVALENT LIMITATION.
(i) ANY INDUSTRIAL USER OPERATING UNDER A PERMIT INCORPORATING
EQUIVALENT MASS OR CONCENTRATION LIMITS CALCULATED FROM A
PRODUCTION-BASED STANDARD MUST NOTIFY THE DIRECTOR WITHIN
TWO BUSINESS DAYS AFTER THE USER HAS A REASONABLE BASIS TO
KNOW THAT THE PRODUCTION LEVEL WILL SIGNIFICANTLY CHANGE
WITHIN THE NEXT CALENDAR MONTH. ANY USER THAT FAILS TO NOTIFY
THE DIRECTOR OF SUCH ANTICIPATED CHANGE WILL BE REQUIRED TO
MEET THE MASS OR CONCENTRATION LIMITS IN ITS PERMIT THAT WERE
BASED ON THE ORIGINAL ESTIMATE OF THE LONG-TERM AVERAGE
PRODUCTION RATE.
Sec. 28-46. Authority of the Director.
The Director is authorized to enforce POTW user compliance with the requirements of
this chapter. In carrying out this responsibility, the Director has authority to:
(a) Issue or amend (as applicable) Class A and Class B wastewater discharge
permits within sixty days of receiving the application for such permit or amended
permit. Once issued, a permit:
(1) Will be for a period of time not to exceed five years. A permit may be
terminated by revocation by the Director or upon voluntary surrender of the
permit by the permittee at an earlier date;
(2) Is nontransferable by the permittee;
(3) Will specifically identify all applicable discharge prohibitions and
limitations which the Director will enforce;
(4) May be amended as deemed appropriate by the Director;
(5) May contain monitoring requirements;
(6) May contain reporting requirements;

(7) May contain requirements for installation and maintenance of inspection
and sampling facilities;
(8) May contain required notifications;
(9) May contain requirements for a plan to control slug discharges and spills.
The plan shall contain at a minimum:
(i) A description of discharge practices, including non-routine batch
discharges; and
(ii) A description of stored chemicals; and
(iii) Procedures to prevent adverse impact from accidental spills,
including 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;
(10) May require implementation of best management practices to reduce or
eliminate the amount of pollutants discharged to the POTW;
(11) May contain standard permit conditions;
(12) May contain other conditions and requirements as deemed reasonably
necessary by the Director to prevent pass-through or interference, to protect
the quality of the water body receiving the treatment plant’s effluent, to protect
worker health and safety, to facilitate sludge management and disposal, to
protect against damage to the POTW and to ensure user compliance with this
chapter, and state and federal laws, rules and regulations;
(13) Reserved.
(b) A permit may be revoked by the Director for good cause, including, but not
limited to:
(i) Failure to notify the Director of significant changes to the wastewater prior
to the changed discharge;
(ii) Failure to provide prior notification to the Director of changed conditions
pursuant to section 28-44(f);

(iii) Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
(iv) Falsifying self-monitoring reports;
(v) Tampering with monitoring equipment;
(vi) Refusing to allow the Director timely access to the facility premises and
records;
(vii) Failure to meet effluent limitations;
(viii) Failure to pay fines and penalties;
(ix) Failure to pay sewer charges;
(x) Failure to meet compliance schedules;
(xi) Failure to complete a wastewater survey or the permit application;
(xii) Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(xiii) Violation of any pretreatment standard or requirement, or any terms of
the permit or requirement of this chapter.
(c) Incorporate the pertinent requirements of this chapter into every City contract
with any POTW user located outside of the municipal jurisdiction of the City. Such
contracts may also provide for liquidated damages and, if applicable, specific
performance as remedies for breach of contract.
(d) Receive and analyze all self-monitoring reports and notices submitted by
industrial users.
(e) Randomly sample and analyze effluent from POTW users and conduct those
surveillance and inspection activities needed to identify, independently of any
information supplied by such users, occasional or continuing noncompliance with
any categorical standard or pretreatment requirement.
(f) Investigate instances of noncompliance with any categorical standard or
pretreatment requirement when notice of any actual or probable noncompliance
has been received by the Director.

(g) Notify POTW users of noncompliance with categorical standards or
pretreatment requirements discovered by the Director. Such notice shall also
contain a demand for any appropriate corrective action, which is necessary to
meet the applicable requirements of this chapter. Any POTW user will be allowed
opportunity to respond to an order of the Director before any enforcement action
against such user is initiated, unless the discharge is a threat to the public health,
safety and welfare, in which case the Director may initiate enforcement action
without giving notice.
(h) Comply with the public participation requirements of 40 Code of Federal
Regulations part 25 and A.R.S. § 49-391 in connection with the City’s enforcement
of any pretreatment standards and requirements.
(i) Impose appropriate penalties for noncompliance with any or all of the
following:
(1) Suspension or revocation of any industrial user permit for the failure of
an industrial user to comply with the pertinent requirements of such permit;
(2) Termination of POTW services;
(3) Restricting or otherwise limiting allowable discharges;
(4) Requesting that the City Attorney commence criminal and/or civil action
against any user violating any requirement of this chapter.
(j) The Director shall:
(1) Determine which actual or threatened discharge to the POTW will cause
interference with the POTW or will present (or may present) an imminent or
substantial endangerment to the health or welfare of any person and/or to the
environment;
(2) Abate any actual or threatened discharge which would violate any
categorical standard or pretreatment requirement imposed by this chapter.
This may include plugging or disconnecting any sewer service connection to
the POTW;
(3) Correct or mitigate any injury to the environment, the POTW or to any
other property as a result of any discharge in violation of a categorical
standard or pretreatment requirement imposed by this chapter.
(k) Annually publish, in the largest daily newspaper published in the City, public
notice of all industrial users who at least once during the prior calendar year were

in significant noncompliance (SNC). SNC is determined at any time during the
year, except that for chronic and TRC violations, SNC is determined at the
beginning of each quarter using the prior six months. Thus, chronic and TRC SNC
is determined four times during the year and the total evaluation period covers
fifteen months (i.e., beginning with the last quarter of the previous year through the
end of the current year). The notification shall also summarize any enforcement
actions taken against such users during the same twelve-month period.
(l) Notify industrial users of applicable pretreatment standards and any applicable
requirements under section 204(b) and 405 of the Clean Water Act and subtitles C
and D of the Resource Conservation and Recovery Act.
(m) The Director shall maintain one copy of all federal statutes, rules and
regulations cited by this chapter in order to allow regulated users adequate
opportunity to review the applicable federal requirements that are herein
incorporated by reference.
(n) The Director has the authority to adopt, implement and enforce a policy on
waivers from the ph low and high limits.
Sec. 28-46. INDIVIDUAL AND GENERAL PERMITS.
(a) THE DIRECTOR MAY ISSUE OR AMEND CLASS A, B, AND C WASTEWATER
DISCHARGE PERMITS AND AUTHORIZATIONS TO DISCHARGE UNDER A
GENERAL PERMIT WITHIN 60 DAYS OF RECEIVING THE APPLICATION FOR
SUCH PERMIT, AMENDED PERMIT, OR DISCHARGE AUTHORIZATION. IF ISSUED,
A PERMIT WILL BE EFFECTIVE FOR A PERIOD OF TIME NOT TO EXCEED 5
YEARS, MAY BE AMENDED AS DEEMED APPROPRIATE BY THE DIRECTOR, AND
MAY BE TERMINATED BY REVOCATION BY THE DIRECTOR OR UPON
VOLUNTARY SURRENDER OF THE PERMIT BY THE PERMITTEE AT AN EARLIER
DATE.

(b) CLASS A, B, AND C WASTEWATER DISCHARGE PERMITS AND
AUTHORIZATIONS TO DISCHARGE UNDER A GENERAL PERMIT:

(1) ARE NONTRANSFERABLE BY THE PERMITTEE;

(2) WILL IDENTIFY ALL APPLICABLE DISCHARGE PROHIBITIONS AND
LIMITATIONS THAT THE DIRECTOR WILL ENFORCE AND CONTAIN
REQUIREMENTS FOR A PLAN TO CONTROL SLUG DISCHARGES AND
SPILLS PER THE REQUIREMENTS IN SECTION 28-53;

(3) MAY CONTAIN MONITORING REQUIREMENTS, REPORTING
REQUIREMENTS, AND REQUIRED NOTIFICATIONS;

(4) MAY CONTAIN REQUIREMENTS FOR INSTALLATION AND MAINTENANCE
OF INSPECTION AND SAMPLING FACILITIES; AND

(5) MAY CONTAIN STANDARD PERMIT CONDITIONS AND OTHER
CONDITIONS AND REQUIREMENTS AS DEEMED REASONABLY
NECESSARY BY THE DIRECTOR TO REDUCE OR ELIMINATE THE AMOUNT
OF POLLUTANTS DISCHARGED TO THE POTW, 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, PROTECT AGAINST DAMAGE TO THE POTW, AND ENSURE
USER COMPLIANCE WITH THIS CHAPTER AND STATE AND FEDERAL
LAWS, RULES, AND REGULATIONS.
(c) IN ADDITION TO ANY OTHER REMEDIES AS PROVIDED IN THIS CHAPER, THE
DIRECTOR MAY DENY OR REVOKE CLASS A, B, AND C WASTEWATER
DISCHARGE PERMITS AND AUTHORIZATIONS TO DISCHARGE UNDER A
GENERAL PERMIT FOR GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO:
(1) FAILURE TO COMPLETE A WASTEWATER SURVEY OR A PERMIT
APPLICATION OR MISREPRESENTATION OR FAILURE TO FULLY
DISCLOSE ALL RELEVANT FACTS IN THE WASTEWATER DISCHARGE
PERMIT APPLICATION;
(2) FAILURE TO NOTIFY THE DIRECTOR OF SIGNIFICANT CHANGES TO
THE WASTEWATER VOLUME OR QUALITY PRIOR TO THE CHANGED
DISCHARGE;
(3) FAILURE TO MEET EFFLUENT LIMITATIONS;
(4) FALSIFYING SELF-MONITORING REPORTS;
(5) TAMPERING WITH MONITORING EQUIPMENT;
(6) REFUSING TO ALLOW A DEPARTMENT REPRESENTATIVE FREE
ACCESS TO THE FACILITY PREMISES AND RECORDS;
(7) FAILURE TO PAY SEWER CHARGES, FINES AND PENALTIES;
(8) FAILURE TO MEET COMPLIANCE SCHEDULES;
(9) FAILURE TO PROVIDE ADVANCE NOTICE OF THE TRANSFER OF
BUSINESS OWNERSHIP OF A PERMITTED FACILITY; AND
(10) VIOLATION OF ANY PRETREATMENT STANDARD OR REQUIREMENT,
OR ANY TERMS OF THE PERMIT OR REQUIREMENT OF THIS CHAPTER.
Sec. 28-46.1. Permit appeals process.

(a) Any permit applicant or permittee (aggrieved party) may petition the Director to
reconsider the conditions and limitations of a permit issued or amended under the
authority of section 28-46(a) by filing a petition for review with the Director within
twenty20 days of receipt of the permit.(b) Failure to submit a timely petition for review
WILLshall be deemed to be a waiver of the administrative appeal.
(cb) In its petition, the aggrieved partyPETITIONER must identify the permit provisions
objected to, specify in detail the reasons for objection, and present the alternative
conditionS OR PROVISIONS, if any, it seeks to place in the permit.
(d) The provisions of the permit that are not objected to shall not be stayed pending
the appeal.
(ec) If the Director fails to actDOES NOT ACT ON THE APPEAL within thirty30 days
from receipt of the petition, it shallTHE PETITION WILL be deemed to be denied.
Decisions not to reconsider the issued or amended permit, not to issue a permit, or not
to amend a permit shall be consideredARE final administrative actions for purposes of
judicial review. A PETIONER MAY SEEK JUDICIAL REVIEW OF THE FINAL PERMIT
DECISION BY SPECIAL ACTION TO THE SUPERIOR COURT FOR MARICOPA
COUNTY, ARIZONA.
(f) The aggrieved party seeking judicial review of the final permit decision may file a
complaint with the Superior Court for Maricopa County, Arizona.
Sec. 28-46.2. PRETREATMENT PROGRAM COMPLIANCE.
THE DIRECTOR MAY TAKE THE FOLLOWING ACTIONS TO DETERMINE
USER COMPLIANCE WITH PRETREATMENT STANDARDS OR
REQUIREMENTS:
(a) RECEIVE AND ANALYZE ALL SELF-MONITORING REPORTS AND
NOTICES SUBMITTED BY INDUSTRIAL USERS;
(b) RANDOMLY SAMPLE AND ANALYZE EFFLUENT FROM POTW USERS
AND CONDUCT THOSE SURVEILLANCE AND INSPECTION ACTIVITIES
NEEDED TO IDENTIFY, INDEPENDENTLY OF ANY INFORMATION SUPPLIED
BY SUCH USERS, OCCASIONAL OR CONTINUING NONCOMPLIANCE WITH
ANY PRETREATMENT STANDARD OR PRETREATMENT REQUIREMENT;
AND
(c) INVESTIGATE INSTANCES OF NONCOMPLIANCE WITH ANY
PRETREATMENT STANDARD OR PRETREATMENT REQUIREMENT WHEN
NOTICE OF ANY ACTUAL OR PROBABLE NONCOMPLIANCE HAS BEEN
RECEIVED BY THE DEPARTMENT.
Sec. 28-46.3. PRETREATMENT PROGRAM NONCOMPLIANCE.
THE DIRECTOR MAY NOTIFY POTW USERS OF NONCOMPLIANCE WITH
PRETREATMENT STANDARDS OR PRETREATMENT REQUIREMENTS. SUCH

NOTICE WILL CONTAIN A DEMAND FOR ANY APPROPRIATE CORRECTIVE
ACTION THAT THE DIRECTOR DEEMS NECESSARY TO MEET THE
APPLICABLE REQUIREMENTS OF THIS CHAPTER. ANY POTW USER WILL
BE ALLOWED THE OPPORTUNITY TO RESPOND TO AN ORDER OF THE
DIRECTOR BEFORE ENFORCEMENT ACTION AGAINST SUCH USER IS
INITIATED, UNLESS THE ACTUAL OR POTENTIAL DISCHARGE IS A THREAT
TO THE PUBLIC HEALTH, SAFETY, AND WELFARE, IN WHICH CASE THE
DIRECTOR MAY INITIATE ENFORCEMENT ACTION WITHOUT GIVING
NOTICE.
Sec. 28-46.4. PRETREATMENT PROGRAM SIGNIFICANT NONCOMPLIANCE.
THE DIRECTOR MAY DETERMINE A USER IS IN A STATE OF SIGNIFICANT
NONCOMPLIANCE WHEN VIOLATIONS MEET ONE OR MORE OF THE
FOLLOWING CRITERIA:
(a) CHRONIC VIOLATIONS OF WASTEWATER DISCHARGE LIMITS, DEFINED
HERE AS THOSE IN WHICH 66 PERCENT OR MORE OF ALL OF THE
MEASUREMENTS TAKEN FOR THE SAME POLLUTANT DURING A SIX-MONTH
PERIOD EXCEED (BY ANY MAGNITUDE) A NUMERIC PRETREATMENT
STANDARD OR REQUIREMENT INCLUDING INSTANTANEOUS LIMITS;
(b) TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS, DEFINED HERE AS
THOSE IN WHICH 33 PERCENT OR MORE OF ALL OF THE MEASUREMENTS
FOR EACH POLLUTANT PARAMETER TAKEN DURING A SIX-MONTH PERIOD
EQUALS OR EXCEEDS THE PRODUCT OF THE NUMERIC PRETREATMENT
STANDARD OR REQUIREMENT INCLUDING INSTANTANEOUS LIMITS
MULTIPLIED BY THE APPLICABLE CRITERIA (1.4 FOR BOD, TSS, FATS, OIL,
AND GREASE, AND 1.2 FOR ALL OTHER POLLUTANTS EXCEPT PH);
c) ANY OTHER VIOLATION OF A PRETREATMENT STANDARD OR
REQUIREMENT (DAILY MAXIMUM, LONG-TERM AVERAGE, INSTANTANEOUS
LIMIT, OR NARRATIVE STANDARD) THAT THE 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;
(d) ANY DISCHARGE OF A POLLUTANT THAT HAS CAUSED IMMINENT
ENDANGERMENT TO THE HEALTH OR WELFARE OF ANY PERSON OR TO
THE ENVIRONMENT, OR HAS RESULTED IN THE POTW’S EXERCISE OF ITS
EMERGENCY AUTHORITY UNDER THIS CHAPTER TO HALT OR PREVENT
SUCH A DISCHARGE;
(e) FAILURE TO MEET, WITHIN 90 DAYS AFTER THE SCHEDULE DATE, A
COMPLIANCE SCHEDULE MILESTONE CONTAINED IN A DISCHARGE PERMIT
OR ENFORCEMENT ORDER FOR STARTING CONSTRUCTION, COMPLETING
CONSTRUCTION, OR ATTAINING FINAL COMPLIANCE;

(f) FAILURE TO PROVIDE, WITHIN 45 DAYS AFTER THE DUE DATE,
REQUIRED REPORTS SUCH AS BASELINE MONITORING REPORTS, 90-DAY
COMPLIANCE REPORTS, REPORTS ON COMPLIANCE WITH CATEGORICAL
PRETREATMENT STANDARD DEADLINES, PERIODIC SELF-MONITORING
REPORTS, AND REPORTS ON COMPLIANCE WITH COMPLIANCE
SCHEDULES;
(g) FAILURE TO ACCURATELY REPORT NONCOMPLIANCE; AND
(h) ANY OTHER VIOLATION OR GROUP OF VIOLATIONS, WHICH MAY
INCLUDE A VIOLATION OF BEST MANAGEMENT PRACTICES, THAT THE
DIRECTOR DETERMINES WILL ADVERSELY AFFECT THE OPERATION OR
IMPLEMENTATION OF THE LOCAL PRETREATMENT PROGRAM.
Sec. 28-46.5. RESPONSE TO PRETREATMENT PROGRAM
NONCOMPLIANCE.
THE DIRECTOR MAY TAKE THE FOLLOWING ACTIONS WHEN A USER HAS
VIOLATED, OR CONTINUES TO VIOLATE, ANY PROVISION OF THIS CHAPTER,
AN INDIVIDUAL WASTEWATER DISCHARGE PERMIT, AN ORDER ISSUED
HEREUNDER, OR ANY OTHER PRETREATMENT STANDARD OR REQUIREMENT:
(a) ISSUE A WRITTEN NOTICE OF VIOLATION;

(b) ISSUE A NOTICE OF SHOW CAUSE ORDERING A USER TO APPEAR
BEFORE THE DIRECTOR AND SHOW CAUSE WHY THE PROPOSED
ENFORCEMENT ACTION SHOULD NOT BE TAKEN;

(c) ENTER INTO CONSENT ORDER ESTABLISHING AN AGREEMENT WITH
ANY USER RESPONSIBLE FOR NONCOMPLIANCE THAT INCLUDES
SPECIFIC ACTION TO BE TAKEN BY THE USER TO CORRECT THE
NONCOMPLIANCE WITHIN A TIME PERIOD SPECIFIED BY THE
DOCUMENT;

(d) ISSUE A COMPLIANCE ORDER DIRECTING THE USER RESPONSIBLE FOR
THE DISCHARGE TO COME INTO COMPLIANCE WITHIN A SPECIFIED
TIME; AND

(e) ISSUE AN ORDER TO THE USER DIRECTING IT TO CEASE AND DESIST
ALL SUCH VIOLATIONS AND DIRECTING THE USER TO IMMEDIATELY
TAKE SUCH APPROPRIATE ACTION NEEDED TO PROPERLY ADDRESS A
CONTINUING OR THREATENED VIOLATION INCLUDING HALTING
OPERATIONS AND TERMINATING THE DISCHARGE.

(f) PETITION THE MARICOPA COUNTY SUPERIOR COURT THROUGH THE
CITY ATTORNEY FOR THE ISSUANCE OF A TEMPORARY OR PERMANENT
INJUNCTION, AS APPROPRIATE, WHICH RESTRAINS OR COMPELS THE

SPECIFIC PERFORMANCE OF THE WASTEWATER DISCHARGE PERMIT,
ORDER, OR OTHER REQUIREMENT IMPOSED BY THIS CHAPTER ON THE
ACTIVITIES OF THE PERSON.

Sec. 28-46.6. PENALTIES FOR PRETREATMENT PROGRAM
NONCOMPLIANCE.
THE DIRECTOR MAY IMPOSE PENALTIES FOR NONCOMPLIANCE INCLUDING
ANY OR ALL OF THE FOLLOWING:
(a) SUSPENSION OR REVOCATION OF ANY INDUSTRIAL USER PERMIT FOR
THE FAILURE OF AN INDUSTRIAL USER TO COMPLY WITH THE
PERTINENT REQUIREMENTS OF SUCH PERMIT;

(b) TERMINATION OF POTW SERVICES;

(d) REQUESTING THAT THE CITY ATTORNEY COMMENCE A CRIMINAL OR
CIVIL ACTION AGAINST ANY USER VIOLATING ANY REQUIREMENT OF
THIS CHAPTER.
Sec. 28-46.7. PUBLIC PARTICIPATION AND NOTIFICATION.
THE DIRECTOR WILL:
(a) COMPLY WITH THE PUBLIC PARTICIPATION REQUIREMENTS OF 40 CFR
PART 25 AND § 49-391 OF THE ARIZONA REVISED STATUTES IN
CONNECTION WITH THE CITY’S ENFORCEMENT OF ANY PRETREATMENT
STANDARDS AND REQUIREMENTS;

(b) ANNUALLY PUBLISH IN A NEWSPAPER OF GENERAL CIRCULATION THAT
PROVIDES MEANINGFUL PUBLIC NOTICE WITHIN THE JURISDICTIONS
SERVED BY THE POTW PUBLIC NOTICE OF ALL INDUSTRIAL USERS WHO
AT LEAST ONCE DURING THE PRIOR CALENDAR YEAR WERE IN
SIGNIFICANT NONCOMPLIANCE AND SUMMARIZE ANY ENFORCEMENT
ACTIONS TAKEN AGAINST SUCH USERS;

(c) NOTIFY INDUSTRIAL USERS OF APPLICABLE PRETREATMENT
STANDARDS AND ANY APPLICABLE REQUIREMENTS UNDER SECTION
204(b) AND 405 OF THE CLEAN WATER ACT AND SUBTITLES C AND D OF
THE RESOURCE CONSERVATION AND RECOVERY ACT; AND

(d) MAINTAIN ONE COPY OF ALL FEDERAL STATUTES, RULES, AND
REGULATIONS CITED BY THIS CHAPTER IN ORDER TO ALLOW
REGULATED USERS ADEQUATE OPPORTUNITY TO REVIEW THE
APPLICABLE FEDERAL REQUIREMENTS THAT ARE HEREIN
INCORPORATED BY REFERENCE.

Sec. 28-46.8. POTW USERS OUTSIDE CITY JURISDICTIONAL BOUNDARIES.
THE DIRECTOR MAY INCORPORATE THE PERTINENT REQUIREMENTS OF THIS
CHAPTER INTO EVERY CITY CONTRACT WITH ANY POTW USER LOCATED
OUTSIDE OF THE MUNICIPAL JURISDICTION OF THE CITY. SUCH CONTRACTS
MAY ALSO PROVIDE FOR LIQUIDATED DAMAGES AND, IF APPLICABLE,
SPECIFIC PERFORMANCE AS REMEDIES FOR BREACH OF CONTRACT.
Sec. 28-47. Confidential informationTRADE SECRET PROTECTION.
(a) USER ACKNOWLEDGES AND AGREES THAT THE ARIZONA PUBLIC
RECORDS ACT APPLIES TO PUBLIC RECORDS POSSESSED BY THE
DEPARTMENT. ACCORDINGLY, Iinformation and data on a user obtained from
reports, SURVEYSquestionnaires, WASTEWATER DISCHARGE permit
applications, INDIVIDUAL WASTEWATER DISCHARGE permits, GENERAL
PERMITS, and monitoring programs, and fromTHE DEPARTMENT’S inspections
shall AND SAMPLING ACTIVITIES WILL be available to the public or other
governmental agency without restriction, unless the user specifically
requestsBELIEVES and is able to demonstrate to the satisfaction of the
CityDEPARTMENT that the release of such information would divulge
information, processes, or methods of production entitled to protection UNDER
THE LAW as trade secrets of the user.

(b) To claim this trade secret protection, the user must specify at the time of
submitting hisITS reports or information, TO THE DEPARTMENT THE
SPECIFIC INFORMATIONthat part he THE USER desires to protect BY
MARKING THAT INFORMATION AS “CONFIDENTIAL - TRADE SECRET”
ON EACH PAGE. When requested by the personA USER furnishing a report
OR INFORMATION CONTAINING TRADE SECRET INFORMATION, the
portions of aTHE report OR INFORMATION THATwhich might disclose trade
secrets or secret processes shallWILL not be made available for inspection by
the public, but shall be madeWILL REMAIN available upon written request to
governmental agencies for uses related to this chapter, the National Pollutant
Discharge Elimination System (NPDES OR AZPDES PROGRAMS) permit, [or]
State disposal system permit and/ or the pretreatment programs; provided,
however, that such portions of a report shallWILL be available for use by the City,
the Sstate or any Sstate agency in judicial review or enforcement proceedings
involving the person furnishing OF the report. Wastewater constituents and
characteristics will not be recognized as TRADE SECRET OR confidential
information.

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DEPARTMENT WILL NOTIFY THE USER OF THE REQUEST AND
INFORM THE USER THAT IT MUST PRESENT THE DEPARTMENT
WITH A COURT ORDER WITHIN 5 BUSINESS DAYS PROHIBITING
DISCLOSURE OF THE USER’S TRADE SECRET INFORMATION. IF THE
DEPARTMENT DOES NOT RECEIVE A COURT ORDER PROHIBITING
DISCLOSURE, THE USER AGREES AND ACCEPTS THE DEPARTMENT
MAY DISCLOSE USER’S TRADE SECRET INFORMATION UNDER
ARIZONA’S PUBLIC RECORDS LAW.
Sec. 28-48—28-52. Reserved.
ARTICLE VII. ACCIDENTAL DISCHARGE
Sec. 28-53. Permittee provides protectionACCIDENTAL OR SLUG DISCHARGE
CONTROL PLANS.
Each permittee shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this chapter. THE DIRECTOR MAY REQUIRE A
USER TO DEVELOP, SUBMIT FOR APPROVAL, AND IMPLEMENT A PLAN OR
TAKE SUCH OTHER ACTION THAT MAY BE NECESSARY TO CONTROL
ACCIDENTAL OR SLUG DISCHARGES. AN ACCIDENTAL OR SLUG DISCHARGE
CONTROL PLAN MUST ADDRESS, AT A MINIMUM, THE FOLLOWING:
(a) DESCRIPTION OF DISCHARGE PRACTICES, INCLUDING NONROUTINE
BATCH DISCHARGES;
(b) DESCRIPTION OF STORED CHEMICALS;
(c) PROCEDURES FOR IMMEDIATELY NOTIFYING THE DIRECTOR OF ANY
ACCIDENTAL OR SLUG DISCHARGE, AS REQUIRED BY SECTION 28-54;
AND
(d) 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 MEASURES AND EQUIPMENT FOR EMERGENCY RESPONSE.

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Sec. 28-54. Permittee shall notify City of aAccidental OR SLUG discharge
NOTIFICATION.
For countermeasures to be taken by the City to minimize damage to the sanitary sewer
system and/or degradation of the receiving waters, the permittee shall notify the City
immediately upon accidentally discharging wastes in violation of this chapter. This
notification shall be followed within five days of the date of occurrence by a detailed
written statement describing the causes of the accidental discharge and the measures
being taken to prevent a future occurrence. Such notification will not relieve permittee of
liability for any expense, loss or damage to the sanitary sewer system, or for any fines
imposed on the City on account thereof and/or for any enforcement action pursuant to
this occurrence.(a) IN THE CASE OF ANY DISCHARGE, INCLUDING, BUT NOT
LIMITED TO, ACCIDENTAL DISCHARGES, DISCHARGES OF A NON-ROUTINE,
EPISODIC NATURE, A NON-CUSTOMARY BATCH DISCHARGE, A SLUG
DISCHARGE OR SLUG LOAD, THAT MIGHT CAUSE POTENTIAL PROBLEMS FOR
THE POTW, THE USER MUST IMMEDIATELY TELEPHONE AND NOTIFY
DEPARTMENT OF THE INCIDENT. THIS NOTIFICATION MUST INCLUDE THE
LOCATION OF THE DISCHARGE, TYPE OF WASTE, CONCENTRATION AND
VOLUME, IF KNOWN, AND CORRECTIVE ACTIONS TAKEN BY THE USER.
(b) WITHIN 5 DAYS FOLLOWING SUCH DISCHARGE, THE USER MUST, UNLESS
WAIVED BY THE DIRECTOR, SUBMIT A DETAILED WRITTEN REPORT TO THE
DEPARTMENT DESCRIBING THE CAUSE OF THE DISCHARGE AND THE
MEASURES TO BE TAKEN BY THE USER TO PREVENT SIMILAR FUTURE
OCCURRENCES. SUCH NOTIFICATION WILL NOT RELIEVE THE USER OF ANY
EXPENSE, LOSS, DAMAGE, OR OTHER LIABILITY THAT MIGHT BE INCURRED AS
A RESULT OF DAMAGE TO THE POTW, NATURAL RESOURCES, OR ANY OTHER
DAMAGE TO PERSON OR PROPERTY; NOR WILL SUCH NOTIFICATION RELIEVE
THE USER OF ANY FINES, PENALTIES, OR OTHER LIABILITY THAT MAY BE
IMPOSED PURSUANT TO THIS CHAPTER.
Sec. 28-55. Permittee will notify employeesUSER EMPLOYEE NOTICE.
(a) A WORKPLACE NOTICE MUST BE PERMANENTLY POSTED ON THE USER’S
BULLETIN BOARD OR OTHER PROMINENT PLACE ADVISING EMPLOYEES WHO
TO CALL IN THE EVENT OF A DISCHARGE DESCRIBED IN SECTION 28-54.
EMPLOYERS MUST ENSURE THAT ALL EMPLOYEES ARE ADVISED OF THE
EMERGENCY NOTIFICATION PROCEDURE.
(b) In order that officers, agents and employees of permittees will beTHE USER ARE
informed of the City’s requirements OF THIS CHAPTER AND THE USER’S PERMIT,
permittees shallTHE USER MUST make available to their employees copies of this
chapter together with such other wastewater information and notices whichTHAT may
be furnished by the City from time to time for the purpose of improving and
makingENSURING more effective water pollution control. A notice shall be furnished

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and permanently posted on the permittee’s bulletin board advising officers, agents and
employees who to call in case of an accidental discharge in excess of the limits
authorized by the permit.
Sec. 28-56. Permittee shall labelLABELING potential accidental discharge points.
Any possible connection or entry point for a hazardous and/or prohibited substance to
the permittee’sUSER'S plumbing or drainage system shallMUST be appropriately
labeled BY THE USER to warn operating personnel against discharge of such
substance in violation of this chapter.
ARTICLE VIII. CITIZENS’ WASTEWATER RATE ADVISORY COMMITTEE
Sec. 28-57. Citizens’ Wastewater Rate Advisory Committee—Composition;
appointment.
There is hereby created, constituted, and established a Citizens’ Wastewater Rate
Advisory Committee hereinafter referred to as Committee. The members of the
Committee shallWILL be the same nine9 members of the Citizens’ Water Rate Advisory
Committee established by section 37-102.
The Water Rate Advisory Committee shallWILL have the power to set and act as the
Committee subject to the provisions governing their creation, appointment, and rules as
set forth in sections 37-102, AND 37-104, 37-105, 37-106, and 37-107 with the
additional functions, purposes, and duties set forth in SECTION 28-58.
Sec. 28-58. Citizens’ Wastewater Rate Advisory Committee—Functions and
purposes.
The functions, purposes, and duties of the Committee shall beARE TO:
(a) Act as an advisory body to the City Manager and City Council on wastewater
rate and fee structure formulation within limits established by EPA regulations;
(ba) Annually review the wastewater revenue requirements of the wastewater
system and recommend through the City Manager to the City Council rate and fee
adjustments; AND
(c) Annually review the wastewater SROG fund revenue requirements and
recommend through the City Manager to the City Council and to the Multicity
Subregional Operating Group Committee, wastewater charges to support these
revenue requirements;

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(db) Consult with the City Manager and the City Council from time to time as may
be required by the City Manager and the City Council relative to wastewater
system financial needs.
Sec. 28-59—28-70. Reserved.
ARTICLE IX. RESERVED
Sec. 28-71—28-80.1. Reserved.

ARTICLE X. ENFORCEMENT
Sec. 28-81. Enforcement of chapter.
The rules and regulations of this chapter are made for the benefit of the users of the
POTWCity sewage works, for the protection of the POTWsewage works, and to protect
the quality of the effluent FROM THE WASTEWATERof the sewage treatment plants.
Their enforcement OF THE RULES AND REGULATIONS OF THIS CHAPTER
shallMAY in no case be willfully ignored by any City official, orCITY employee, OR
DEPARTMENT REPRESENTATIVE. With the exception of applicable Sstate and
federal requirements, such as the pretreatment regulations, the Director may, at his
discretion, order a suspension of a requirement that would cause a gross injustice to a
particular user of the system.
Sec. 28-82. Criminal penalty.
NO PERSON MAY INTENTIONALLY OR KNOWINGLY DEFACE, DAMAGE, USE
WITHOUT AUTHORITY OR INTERFERE WITH ANY COMPONENT OR FACILITY OF
THE POTW. Any person who violates any provision of this chapter shall beIS guilty of a
CLASS 1 misdemeanor and any such violation shall constituteS a separate offense on
each successive day the violation continues.
Sec. 28-83. Civil penalty.
(a) Any person who violates any provision of Aarticle II, entitled "Use of Public Sewers
and Limitations," Aarticle VI, entitled "Industrial User and Pretreatment Requirements,"
and/or Aarticle VII, entitled "Accidental Discharge," shall be civilly liable to the City for a
sum not to exceed twenty-five thousand dollarsOF THIS CHAPTER IS SUBJECT TO A
CIVIL PENALTY OF NOT LESS THAN $1,000 NOR MORE THAN $25,000 per day for
each violation. For continuing violations, each day may constituteS a separate offense.
In seeking the assessment of a civil penalty, the following criteria contained in A.R.S.
§ 49-391c(C) shallWILL be considered:

104

1. The seriousness of the violation.
2. The economic benefit, if any, resulting from the violation.
3. Any history of such violation.
4. Any good faith efforts to comply with the applicable requirements.
5. The economic impact of the penalty on the violator.
6. Such other factors as justice may require.
(b) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS CHAPTER
OTHER THAN THOSE IN ARTICLE II, VI, OR VII IS SUBJECT TO A CIVIL
PENALTY OF NOT LESS THAN $250 NOR MORE THAN $2,500 PER DAY FOR
EACH VIOLATION. FOR CONTINUING VIOLATIONS, EACH DAY CONSTITUTES
A SEPARATE OFFENSE.
(c) In addition to the civil penalty imposed herein, the person shallWILL be liable for
any civil SANCTION OR penalty imposed on the City as a result of the violation.
(d) THE DIRECTOR MAY ISSUE A REQUEST FOR COMPLIANCE, NOTICE OF
VIOLATION, AND CIVIL CITATION FOR A VIOLATION OF THIS CHAPTER. CIVIL
CITATIONS WILL BE ISSUED AND PROSECUTED IN ACCORDANCE WITH THE
LOCAL RULES OF PRACTICE AND PROCEDURES OF THE PHOENIX CITY
COURT.
Sec. 28-84. Remedies.
(a) In addition to any civil and criminal penalty which may be imposed for violations of
this chapter, a user shallWILL be liable for all actual costs whichTHAT may be assessed
by the Director on a user of the POTWCity’s sewage works who discharges wastes
containing non-permissible quantities of prohibited substances into the public sewer
system. The Director is authorized toMAY assess charges based on the extra costs
incurred by the City in surveillance, sampling, and testing of the discharges, for
additional operating and maintenance expenses, FOR EQUIPMENT AND FACILITY
REPAIR AND REPLACEMENT COSTS, including overhead charges, and for any other
action required to identify, handle, process, or supplement normal activities due to the
unauthorized discharge of wastes.
(b) The Director shall have the authority to discontinueMAY SUSPEND water and/or
sewer service to a user for any of the following reasons:

105

(1) Failure to pay a charge assessed by the Director for unauthorized
discharges.;
(2) Failure to correct an unauthorized discharge as required by the Director.;
(3) Discharging any unauthorized substances, materials, water, or waste as
prohibited by this chapter or by the Director.; AND
(4) For violation of any provision of this chapter.
(c) Before discontinuingSUSPENDING water or sewer service as provided herein the
Director shallWILL give written notice to the user of the discontinuanceSUPSPENION
and an opportunity to appear before the Director on any disputed matter relative to the
discontinuance of sewer service PROPOSED SUSPENSION, except that if a discharge
is a threat to the public health, safety, and welfare, the discontinuance ofDIRECTOR
MAY SUSPEND water and or sewer service may be immediateLY and without notice.
The discontinuanceSUSPENSION of sewer service shallMAY be accomplished by
physically cutting and blocking the building connection. The actual cost for
disconnecting and or reconnecting the sewer service shallMUST be paid by the affected
user to the Water Services Department.
(d) Upon notice of the final determination by the Director of an assessment owing, the
user shallMUST tender the fee allowed within ten10 days of the date ordered by the
Director.
(e) Any unauthorized discharge not corrected, or assessment not tendered is hereby
declared to be, and is, a public nuisance, which may be abated by order of a court of
competent jurisdiction and its continued operation is unlawful. The remedy provided
herein shall beIS in addition to any other remedy authorized by this chapter.
Sec. 28-85. TERMS AND CONDITIONS OF SEWER SERVICE.
THE PROVISIONS OF THIS CHAPTER ARE THE TERMS AND CONDITIONS UNDER
WHICH THE CITY PROVIDES SEWER SERVICE TO CUSTOMERS. BY RECEIVING
SEWER SERVICE FROM THE CITY, THE CUSTOMER IS AGREEING TO THOSE
TERMS AND CONDITIONS.
Sec. 28-86—28-89. Reserved.
ARTICLE XI. SEWER ENVIRONMENTAL CHARGE
Sec. 28-90. Definitions for article XI.

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For the purposes of this article only, the following words and phrases, shall have the
meanings specified in this section, unless from the content, a different meaning is
clearly intended.
Advanced sewage treatment means additional treatment needed to remove suspended
and dissolved substances not normally removed during secondary treatment including
organic matter; suspended solids; inorganic ions such as calcium, phosphate, nitrate,
and potassium; as well as synthetic organic compounds.
Air contaminant/odor control means a process whichTHAT neutralizes air contaminants
and odors emanating from sewage caused by the decomposition of organic matter in
raw sewage and reduces such air contaminants or odors to the appropriate air
discharge limitations.
Air stripping means a process utilized for the removal of ammonia whichTHAT may be
toxic to aquatic life, or for the removal of volatile organic compounds (VOCs), some of
which are carcinogenic.
Biological nutrient removal (nitrification-denitrification) means a process by which the
nitrogen content of sewage treatment plant effluent is decreased in order to reduce the
growth of algae and aquatic plants in receiving waters. This process also lowers the
content of ammonia, which is toxic to aquatic life, in treated sewage effluent.
Dechlorination means the process by which chlorine, which may be toxic to aquatic life,
is removed from the treated sewage treatment plant effluent following disinfection.
Granular activated carbon treatment means a process in which non-volatile and semi-
volatile organic compounds are removed through adsorption on the surface of carbon
particles.
Secondary sewage treatment means treatment by which dissolved or suspended
materials are converted through biological action and sedimentation to a form
whichTHAT allows more ready separation and results in a sewage treatment plant
effluent whichTHAT can be characterized by the following average constituent
concentrations: (a) BOD: thirty milligrams per liter, (b) TSSsuspended solids: thirty
milligrams per liter, and (c) ph: 6.0 to 9.0
Water quality programs means programs required by the National Pollutant Discharge
Elimination System (NPDES) permit OR AZPDES PERMIT for industrial pretreatment
enforcement and monitoring, customer education, and plant laboratory analysis and
monitoring.

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Water reclamation means a process or series of processes by which suspended and
dissolved solids remaining following secondary or advanced treatment are removed to a
level which allows the sewage treatment plant effluent to be used beneficially. This may
include flocculation, coagulation and filtration.
Sec. 28-91. Purpose of sewer environmental charge.
The purpose of the charge imposed by this article is to communicate costs for
enhancing and maintaining the environment to customers by separating these costs
from the costs reimbursed by sewer service charges and to reimburse the City for costs
of meeting environmental standards at sewage treatment plants and environmental
regulations related to water quality.
Sec. 28-92. Sewer environmental rate.
(a) In addition to other rates and charges set forth in this chapter, there shall be
charged monthly the following sewer environmental rate for customers receiving City of
Phoenix sewer service located within the City of Phoenix WILL BE CHARGED
MONTHLY:
User Category
Environmental
Rate per
Hundred Cubic
Feet (CCF)
March 1, 2016,
to February 28,
2017
Residential user
$0.5350
Commercial and public
user
$0.5350
Industrial user
$0.5350
User Category
Environmental
Rate per
Hundred Cubic
Feet (CCF)
EFFECTIVE
March 1, 2017,
to February 28,
2018
Residential user
$0.5511

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User Category
Environmental
Rate per
Hundred Cubic
Feet (CCF)
EFFECTIVE
March 1, 2017,
to February 28,
2018
Commercial and public
user
$0.5511
Industrial user
$0.5511

(b) All customers served directly by the City of Phoenix and located outside the City of
Phoenix’s limits shallWILL be charged monthly a sewer environmental rate in the
amount of one and one-half times the sewer environmental rate for the same
classification of service PROVIDED inside the City of Phoenix.
Sec. 28-93. Payment of bills and charges.
(a) All sewer user accounts shallWILL be charged the monthly sewer environmental
rate on the monthly utility bill which sewer environmental rate shall be stated separately
on the utility bill.
Sec. 28-94. Utilization of environmental charge revenues.
(a) Financial records shallWILL be maintained BY THE CITY for the proper
distribution of sewer environmental charge revenues.
(b) The utilization of the above revenues shall be as followsSEWER
ENVIRONMENTAL CHARGE REVENUE WILL BE UTILIZED BY THE CITY FOR THE
PURPOSES BELOW:
(1) Operations, maintenance, and replacement costs for advanced sewage
treatment processes required to meet environmental regulations.; Tthese
processes include biological nutrient removal (nitrification-denitrification), water
reclamation, air stripping, air contaminant and odor control, granular activated
carbon treatment, dichlorination, and other similar processes as deemed
necessary by the Water Services Director.;
(2) Additional water quality programs required by A the National Pollutant
Discharge Elimination System (NPDES) permit OR AZPDES PERMIT, and surface

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water quality standards such as the industrial pretreatment enforcement and
monitoring program, customer education, and plant laboratory analysis and
monitoring.;
(3) Debt service, direct capital costs, and in lieu of property tax payments
incurred for advanced sewage treatment facilities required because of
environmental regulations.; Ssuch facilities are those listed in section 28-94(b)(1)
above and other similar projects as deemed necessary by the Water Services
Director as part of advanced sewage treatment facilities.; AND
(4) Administrative allocation of functions that support direct advanced sewage
treatment operations. Administrative functions include department and division
indirect costs, central service costs from other City departments, and computer
billing implementation costs.