Athens City Code

1. (1) This chapter sets forth uniform requirements for users of the city wastewater treatment system and enables the city to comply with the Federal Clean Water Act and the Tennessee Water Quality Control Act and rules adopted pursuant to these acts. The objectives of this chapter are:
   1. (a) To protect public health;
   2. (b) To prevent the introduction of pollutants into the municipal wastewater treatment facility which will interfere with the system's operation;
   3. (c) To prevent the introduction of pollutants into the municipal wastewater treatment facility that will pass through the facility, inadequately treated, into the receiving waters, or otherwise be incompatible with the treatment facility;
   4. (d) To protect facility personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
   5. (e) To promote reuse and recycling of industrial wastewater and sludge from the facility;
   6. (f) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the facility; and
   7. (g) To enable the city and municipal wastewater treatment facility to comply with National Pollution Discharge Elimination System (NPDES) permit conditions, sludge and biosolids use and disposal requirements, and any other federal or state industrial pretreatment rules to which the city and facility is subject.
2. (2) In meeting these objectives, this chapter provides that all persons in the city must have adequate wastewater treatment either in the form of a connection to the municipal wastewater treatment system or, where the system is not available, an appropriate private disposal system.
3. (3) This chapter shall apply to all users inside or outside the city who are, by implied contract or written agreement with the city, through the Athens Utilities Board (AUB), dischargers of applicable wastewater to the wastewater treatment facility. ACC chapter 18-II provides for the regulation of the wastewater system by the Athens Utilities Board. ACC chapter 18-III provides for the issuance of permits to system users, for monitoring, compliance, and enforcement activities, and establishes administrative review procedures for industrial users or other users whose discharge can interfere with or cause violations to occur at the wastewater treatment facility.

(Code 1972, § 13-101; Code 1995, § 18-101; Ord. No. 972, 11-18-2008)

Except as otherwise provided in this chapter, the city shall administer, implement, and enforce the provisions of this chapter.

(Code 1972, § 13-102; Code 1995, § 18-102; Ord. No. 972, 11-18-2008)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

24-hour flow proportional composite sample means a sample consisting of several sample portions collected during a 24-hour period in which the portions of a sample are proportioned to the flow and combined to form a representative sample.

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended and found in 33 USC 1251 et seq.

Administrator means the Administrator of the United States Environmental Protection Agency.

Approval authority means the state department of environment and conservation, division of water pollution control.

Authorized or duly authorized representative of industrial user means:

1. (1) If the user is a corporation:
   1. (a) The president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any person who performs similar policy- or decision-making functions for the corporation; or
   2. (b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to ensure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
3. (3) If the user is a federal, state, or local governmental agency: a director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.
4. (4) The individual described in subsections (a) through (c) of this definition may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/L)).

Building sewer means a sewer conveying wastewater from the premises of a user to the publicly owned sewer collection system.

Categorical standards means the National Categorical Pretreatment Standards or pretreatment standard as found in 40 CFR ch. I, subch. N, pts. 405--471.

Commissioner means the commissioner of environment and conservation or the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner.

Compatible pollutant means BOD, suspended solids, pH, fecal coliform bacteria, and such additional pollutants as are now or may in the future be specified and controlled in the city's NPDES permit for its wastewater treatment works where sewer works have been designed and used to reduce or remove such pollutants.

Composite sample means a sample composed of two or more discrete samples. The aggregate sample will reflect the average water quality covering the compositing or sample period.

Control authority means the approval authority, as defined in this section, or the local hearing authority if the city has an approved pretreatment program under the provisions of 40 CFR 403.11.

Cooling water means the water discharge from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.

Customer means any individual, partnership, corporation, association, or group who receives sewer service from the city, through the Athens Utilities Board, under either an express or implied contract requiring payment to the Athens Utilities Board for such service.

Daily maximum means the arithmetic average of all effluent samples for a pollutant (except pH) collected during a calendar day. The daily maximum for pH is the highest value tested during a 24-hour calendar day.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where the limit is expressed in units of mass, the limit is the maximum amount of total mass of the pollutant that can be discharged during the calendar day. Where the limit is expressed in concentration, it is the arithmetic average of all concentration measurements taken during the calendar day.

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.

Domestic wastewater means wastewater that is generated by a single-family, apartment or other dwelling unit or dwelling unit equivalent or commercial establishment containing sanitary facilities for the disposal of wastewater and used for residential or commercial purposes only.

Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, or, where appropriate, the term "Environmental Protection Agency" or "EPA" may also be used as a designation for the administrator or other duly authorized official of the agency.

Garbage means solid wastes generated from any domestic, commercial or industrial source.

Grab sample means a sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and is collected over a period of time not to exceed 15 minutes. Grab sampling procedure: Where composite sampling is not an appropriate sampling technique, a grab samples shall be taken to obtain influent and effluent operational data. Collection of influent grab samples should precede collection of effluent samples by approximately one detention period. The detention period is to be based on a 24-hour average daily flow value. The average daily flow used will be based upon the average of the daily flows during the same month of the previous year. Grab samples will be required, for example, where the parameters being evaluated are those, such as cyanide and phenol, which may not be held for any extended period because of biological, chemical or physical interactions which take place after sample collection and affect the results.

Grease interceptor means an interceptor whose rated flow is 50 gallons per minute or less and is generally located inside the building.

Grease trap means an interceptor whose rated flow is 50 gallons per minute or more and is located outside the building.

Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.

Incompatible pollutant means any pollutant which is not a compatible pollutant as defined in this section.

Indirect discharge means the introduction of pollutants into the wastewater facility (WWF) from any non-domestic source.

Industrial user means a source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to section 402 of the Act (33 USC 1342).

Industrial wastes means any liquid, solid, or gaseous substance, or combination thereof, or form of energy, including heat, resulting from any process of industry, manufacture, trade, food processing or preparation, or business or from the development of any natural resource.

Instantaneous limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interceptor means a device designed and installed to separate and retain for removal, by automatic or manual means, deleterious, hazardous or undesirable matter from normal wastes, while permitting normal sewage or waste to discharge into the drainage system by gravity.

Interference means a discharge that, alone or in conjunction with discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal, or exceeds the design capacity of the treatment works or collection system.

Local administrative officer means the general manager of the Athens Utilities Board (AUB) or his duly authorized representative.

Local hearing authority means the city utilities five-member governing board or such person appointed by the board to administer and enforce the provisions of this chapter and conduct hearings pursuant to ACC 18-35.

NAICS or North American Industrial Classification System means a system of industrial classification jointly agreed upon by Canada, Mexico and the United States. NAICS replaces the Standard Industrial Classification (SIC) System.

National Categorical Pretreatment Standard or pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 USC 1347) which applies to a specific category of industrial users.

New source means:

1. (1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Clean Water Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
   1. (a) The building structure, facility or installation is constructed at a site at which no other source is located; or
   2. (b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
   3. (c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
2. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (a)(2) or (3) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
3. (3) Construction of a new source as defined in this section has commenced if the owner or operator has:
   1. (a) Begun or caused to begin as part of a continuous on-site construction program:
      1. (i) Any placement, assembly, or installation of facilities or equipment; or
      2. (ii) Significant site preparation work, including cleaning, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
   2. (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

NPDES (National Pollution Discharge Elimination System) means the program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into navigable waters, the contiguous zone, and the oceans pursuant to section 402 of the Clean Water Act, as amended.

Pass-through means a discharge which exits the wastewater facility (WWF) into waters of the state in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the WWF's NPDES permit, including an increase in the magnitude or duration of a violation.

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

Pollutant means any dredged spoil, solid waste, incinerator residue, filter backwash, 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 waste and certain characteristics of wastewater (e.g., pH, temperature, turbidity, color, BOD, COD, toxicity, or odor discharge into water).

Pollution means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, biological processes, or process changes or other means, except through dilution as prohibited by 40 CFR 403.6(d).

Pretreatment coordinator means the person designated by the local administrative officer or his authorized representative to supervise the operation of the pretreatment program.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an industrial user.

Pretreatment standards or standards means a prohibited discharge standard, categorical pretreatment standard and local limit.

Publicly owned treatment works (POTW) means a treatment works as defined by section 212 of the Act (33 USC 1292) which is owned in this instance by the municipality (as defined by section 502(4) of the Act). The term "publicly owned treatment works (POTW)" includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. The term "publicly owned treatment works (POTW)" also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term "publicly owned treatment works (POTW)" also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. See Wastewater facility (WWF).

Significant industrial user means:

1. (1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR ch. I, subch. N; and
2. (2) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the WWF (excluding sanitary, non-contact cooling and boiler blowdown wastewater), contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or is designated as such by the control authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

Significant noncompliance means:

1. (1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for each parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limit.
2. (2) 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 equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). TRC calculations for pH are not required.
3. (3) Any other violation of a pretreatment standard or requirement (daily maximum or longer-term average, instantaneous limit, or narrative standard) that the WWF determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of WWF personnel or the general public).
4. (4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the WWF's exercise of its emergency authority under section 305(1)(b)(i)(D), emergency order, of the Clean Water Act, to halt or prevent such a discharge.
5. (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
6. (6) Failure to provide, within 45 days after their due date, required reports, such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
7. (7) Failure to accurately report noncompliance.
8. (8) Any other violation or group of violations, which may include a violation of best management practices, which the WWF determines will adversely affect the operation or implementation of the local pretreatment program.

Slug means any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the WWF's regulations, local limits, or permit conditions.

Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

Storm sewer or storm drain means a pipe or conduit which carries storm waters and surface waters and drainage, but excludes sewage and industrial wastes.

Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Superintendent means the local administrative officer or person designated by him to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids and that is removable by laboratory filtering.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations published by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act 307(a) or other acts.

User means the owner, tenant or occupant of any lot or parcel of land connected to a sanitary sewer, or for which a sanitary sewer line is available, if a municipality levies a sewer charge on the basis of such availability, as defined in T.C.A. § 68-221-201.

Wastewater means the liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the WWF.

Wastewater facility (WWF) means any or all of the following: the collection/transmission system, treatment plant, and the reuse or disposal system, which is owned by any person. The term "wastewater facility (WWF)" includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste of a liquid nature. The term "wastewater facility (WWF)" also includes sewers, pipes and other conveyances only if they convey wastewater to a WWF treatment plant. The term "wastewater facility (WWF)" also means the municipality as defined in section 502(4) of the Federal Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. The term "WWF" was formerly known as a POTW, or publicly owned treatment works.

Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and other bodies of accumulation of water, surface or underground, natural or artificial, public or private, that are contained within, flow through, or border upon the state or any portion thereof.

(Code 1972, § 13-103; Code 1995, § 18-103; Ord. No. 972, 11-18-2008)

1. (1) It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the service area of the city any human or animal excrement, garbage, or other objectionable waste.
2. (2) It is unlawful to discharge to any waters of the state within the service area of the city any sewage or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this title or city or state regulations.
3. (3) Except as herein provided, it is unlawful to construct or maintain any privy, privy vault, cesspool, or other facility intended or used for the disposal of sewage.
4. (4) Except as provided in subsection (6) of this section, the owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the service area in which there is now located or may in the future be located a public sanitary sewer is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper private or public sewer in accordance with the provisions of this chapter. Where the public sewer is available, property owners shall, within 60 days after date of official notice to do so, connect to the public sewer. Service is considered available when the Athens Utilities Board (AUB) can reasonably provide such. If line extensions are required, they will conform to the AUB's current policies and procedures.
5. (5) Where a public sanitary sewer is not available under the provisions of subsection (4) of this section, the building sewer shall be connected to a private sewage disposal system complying with the provisions of ACC 18-5.
6. (6) The owner of a manufacturing facility may discharge wastewater to the waters of the state, provided that he obtains an NPDES permit and meets all requirements of the Federal Clean Water Act, the NPDES permit, and any other applicable local, state, or federal statutes and regulations.

(Code 1972, § 13-104; Code 1995, § 18-104; Ord. No. 972, 11-18-2008)

1. (1) Availability.
   1. (a) Where a public sanitary sewer is not available under the provisions of ACC 18-4(4), the building sewer shall be connected, until the public sewer is available, to a private wastewater disposal system complying with the provisions of the applicable local and state regulations.
   2. (b) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. When it becomes necessary to clean septic tanks, the sludge may be disposed of only according to applicable federal and state regulations.
   3. (c) Where a public sewer becomes available, sewer use charges may be billed by the Athens Utilities Board and the building sewer shall be connected to the sewer within 60 days after date of official notice from the city to do so.
2. (2) Requirements.
   1. (a) The type, capacity, location and layout of a private sewerage disposal system shall comply with all local or state regulations. Before commencement of construction of a private sewerage disposal system, the owner shall first obtain a written approval from the county health department. The application for such approval shall be made on a form furnished by the county health department, which the applicant shall supplement with any plans or specifications that the department has requested.
   2. (b) Approval for a private sewerage disposal system shall not become effective until the installation is completed to the satisfaction of the local and state authorities, who shall be allowed to inspect the work at any stage of construction.
   3. (c) The type, capacity, location, and layout of a private sewage disposal system shall comply with all recommendations of the state department of environment and conservation and the county health department. No septic tank or cesspool shall be permitted to discharge to waters of the state.
   4. (d) No statement contained in this chapter shall be construed to interfere with any additional or future requirements that may be imposed by the city and the county health department.

(Code 1972, § 13-105; Code 1995, § 18-105; Ord. No. 972, 11-18-2008)

1. (1) Generally.
   1. (a) All costs and expenses incident to the installation, connection, and inspection of the building sewer shall be borne by the owner, including all service and connection fees. The owner shall indemnify the city from any loss or damage that may directly or indirectly be caused by the installation of the building sewer.
   2. (b) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Where property is subdivided and buildings using a common building sewer are now located on separate properties, the building sewers must be separated within 60 days.
   3. (c) Old building sewers may be used in connection with new buildings only when they are found on examination and tested to meet all requirements of this chapter. All others may be sealed to the specifications of the city.
   4. (d) Building sewers shall conform to the following requirements:
      1. (i) The minimum size of a building sewer shall be as follows: A conventional sewer system shall be four inches.
      2. (ii) The minimum depth of a building sewer shall be 18 inches.
      3. (iii) Building sewers shall be laid on the following grades: Four-inch sewers shall be one-eighth inch per foot. Larger building sewers shall be laid on a grade that will produce a velocity when flowing full of at least two feet per second.
      4. (iv) Building sewers shall be installed in uniform alignment at uniform slopes.
      5. (v) Building sewers shall be constructed only of polyvinyl chloride pipe schedule 40 or better. Joints shall be solvent welded or compression gaskets designed for the type of pipe used. No other joints shall be acceptable.
      6. (vi) Cleanouts shall be provided to allow cleaning in the direction of flow. A cleanout shall be located five feet outside of the building, as it crosses the property line, and one at each change of direction of the building sewer which is greater than 45 degrees. Additional cleanouts shall be placed not more than 75 feet apart in horizontal building sewers of six-inch nominal diameter and not more than 100 feet apart for larger pipes. Cleanouts shall be extended to or above the finished grade level directly above the place where the cleanout is installed and protected from damage. A Y (wye) and one-eighth bend shall be used for the cleanout base. Cleanouts shall not be smaller than four inches. Blockages on the property owner's side of the property line cleanout are the responsibility of the property owner.
      7. (vii) Connections of building sewers to the public sewer system shall be made only by the Athens Utilities Board in accordance with established policies and procedures.
      8. (viii) In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved pump system according to ACC 18-34 and discharged to the building sewer at the expense of the owner.
      9. (ix) The methods to be used in excavating, placing of pipe, jointing, testing, backfilling the trench, or other activities in the construction of a building sewer which have not been described above shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city or to the procedures set forth in appropriate specifications by the ASTM. Any deviation from the prescribed procedures and materials must be approved by the city before installation.
      10. (x) An installed building sewer shall be gastight and watertight.
   5. (e) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property shall not be disturbed without prior approval of the city and all public property disturbed in the course of work shall be restored in a manner satisfactory to the city.
   6. (f) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, basement drains, sump pumps, or other sources of surface runoff or groundwater to a building directly or indirectly to a public sanitary sewer.
   7. (g) Inspection of connections.
      1. (i) All building sewers from the building to the public sewer main line shall be inspected by the city before the underground portion is covered by the contractor or owner.
      2. (ii) The applicant for discharge shall notify the city when the building sewer is ready for inspection.
2. (2) Maintenance of building sewers. Each individual property owner shall be entirely responsible for the construction, maintenance, repair or replacement of the building sewer as deemed necessary to meet specifications of the city. Owners failing to maintain or repair building sewers or who allow stormwater or groundwater to enter the sanitary sewer may face enforcement action by the Athens Utilities Board up to and including discontinuation of water and sewer service.
3. (3) Sewer extensions. All expansion or extension of the public sewer constructed by property owners or developers must follow the established policies and procedures developed by the Athens Utilities Board.

(Code 1972, § 13-106; Code 1995, § 18-106; Ord. No. 972, 11-18-2008)

1. (1) This chapter sets forth uniform requirements for users of the Athens Utilities Board (AUB) wastewater treatment system and enables the AUB to comply with the Federal Clean Water Act and the Tennessee Water Quality Control Act and rules adopted pursuant to these acts. The objectives of this chapter are:
   1. (a) To protect public health;
   2. (b) To prevent the introduction of pollutants into the AUB's wastewater treatment facility which will interfere with the system's operation;
   3. (c) To prevent the introduction of pollutants into the AUB's wastewater treatment facility that will pass through the facility, inadequately treated, into the receiving waters, or otherwise be incompatible with the treatment facility;
   4. (d) To protect facility personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
   5. (e) To promote reuse and recycling of industrial wastewater and sludge from the facility;
   6. (f) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the facility; and
   7. (g) To enable the AUB to comply with National Pollution Discharge Elimination System (NPDES) permit conditions, sludge and biosolids use and disposal requirements, and any other federal or state industrial pretreatment rules to which the facility is subject.
2. (2) This chapter shall apply to all users inside or outside the city who are, by implied contract or written agreement with the AUB, dischargers of applicable wastewater to the wastewater treatment facility. This chapter provides for the regulation of the wastewater system by the Athens Utilities Board. ACC chapter 18-III provides for the issuance of permits to system users and for monitoring, compliance, and enforcement activities and establishes administrative review procedures for industrial users or other users whose discharge can interfere with or cause violations to occur at the wastewater treatment facility.

(Code 1995, § 18-201; Ord. No. 972, 11-18-2008)

Through the ordinance from which this chapter is derived, the city delegates the implementation and enforcement of this chapter and ACC chapter 18-III to the Athens Utilities Board.

(Code 1995, § 18-202; Ord. No. 972, 11-18-2008)

1. (1) Application for service. The owner or his agent shall make application for connection on a special form furnished by the Athens Utilities Board. Applicants for service to commercial and industrial establishments shall be required to furnish information about all waste-producing activities, wastewater characteristics and constituents. The application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. Details regarding commercial and industrial permits include, but are not limited to, those required by this chapter. Service connection fees for establishing new sewer service are paid to the Athens Utilities Board, and service connections shall conform to the Athens Utilities Board's established policies and procedures. Users shall notify the Athens Utilities Board of any proposed new introduction of wastewater constituents or any proposed change in the volume or character of the wastewater being discharged to the system a minimum of 60 days prior to the change. The Athens Utilities Board may deny or limit this new introduction or change based upon the information submitted in the notification.
2. (2) Prohibited connections. No person shall make connections of roof downspouts, sump pumps, basement wall seepage or floor seepage, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Any such connections which already exist on the effective date of the ordinance from which this chapter is derived shall be completely and permanently disconnected within 60 days of the effective date of the ordinance from which this chapter is derived. The owners of any building sewer having such connections, leaks or defects shall bear all of the costs incidental to removal of such sources. Pipes, sumps and pumps for such sources of groundwater shall be separate from the sanitary sewer.
3. (3) Physical connection to public sewer. No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without approval from the Athens Utilities Board. Connections will be made in accordance with the Athens Utilities Board's established policies and procedures.
4. (4) Sewer extensions. All expansion or extension of the public sewer constructed by property owners or developers must follow the established policies and procedures developed by the Athens Utilities Board.

(Code 1995, § 18-203; Ord. No. 972, 11-18-2008)

Where necessary, due to elevations, proximity of the existing gravity sewer, etc., grinder pump installation will follow the Athens Utilities Board's established policies and procedures.

(Code 1995, § 18-204; Ord. No. 972, 11-18-2008)

No person, firm, association or corporation shall haul in or truck in to the WWF any type of domestic, commercial or industrial waste unless such person, firm, association, or corporation obtains written approval from the Athens Utilities Board to perform such acts or services. Approval and acceptance of holding tank or hauled waste will be done in accordance with the Athens Utilities Board's established policies and procedures.

(Code 1995, § 18-205; Ord. No. 972, 11-18-2008)

1. (1) General prohibitions. No person or user shall introduce or cause to be introduced into the WWF any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all persons and users of the WWF, whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. Violations of these general and specific prohibitions or the provisions of this section may result in the issuance of an industrial pretreatment permit, surcharges, discontinuance of water and/or sewer service and other fines and provisions of ACC 18-37. No person or user shall introduce or cause to be introduced into the WWF the following pollutants, substances, or wastewater:
   1. (a) Pollutants which create, or could create, a fire or explosive hazard in the WWF, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;
   2. (b) Wastewater having a pH less than 5.0 or more than 10.5 or otherwise causing corrosive structural damage to the WWF or equipment. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react to form acidic products;
   3. (c) Solid or viscous substances in amounts which will or may cause obstruction of the flow in the WWF or other interference. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, weeds, plastic, tar, asphalt residues, residues from refining or processing fuel or lubricating oil, and similar substances;
   4. (d) Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the WWF;
   5. (e) Wastewater having a temperature greater than 150 degrees Fahrenheit (65.5 degrees Celsius) or which will inhibit biological activity in the treatment plant, resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius);
   6. (f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through;
   7. (g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in a quantity that may cause acute worker health and safety problems;
   8. (h) Trucked or hauled pollutants, except at discharge points designated by the control authority in accordance with ACC 18-35;
   9. (i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
   10. (j) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent;
   11. (k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations and which will or may cause damage or hazards to the sewerage facilities or personnel operating the system;
   12. (l) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent;
   13. (m) Wastewater at a flow rate which is excessive relative to the capacity of the treatment works and which could cause a treatment process upset and subsequent loss of treatment efficiency; or wastewater containing such concentrations of pollutants that their introduction into the treatment works over a relatively short time period (i.e., slug discharges) would cause a treatment process upset and subsequent loss of treatment efficiency;
   14. (n) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
   15. (o) Detergents, surface active agents, or other substances which that might cause excessive foaming in the WWF;
   16. (p) Wastewater causing two successive readings on an explosion hazard meter at the point of discharge into the WWF, or at any point in the WWF, of more than five percent or any single reading over ten percent of the lower explosive limit of the meter. Liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient to cause fire or explosion or be injurious in any other way to the sewage facilities or operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;
   17. (q) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the WWF, or exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the Act;
   18. (r) Any waste containing microbiological organisms, including filamentous bacteria, in such quantity that will interfere with the normal operation of the WWF;
   19. (s) Any waste that, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF;
   20. (t) Any substances which will cause the WWF to violate its NPDES permit or the receiving water quality standards, or cause any other product of the WWF such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the WWF cause the WWF to be in noncompliance with sludge use or disposal criteria, 40 CFR 503, guidelines, or regulations developed under section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.
2. (2) Local limits. In addition to the general and specific prohibitions listed in this section, users permitted according to this chapter and ACC chapter 18-III may be subject to numeric and best management practices as additional restrictions to their wastewater discharge in order to protect the WWF from interference or protect the receiving waters from pass-through contamination.
3. (3) Restrictions on wastewater strength. No person or user shall discharge wastewater containing pollutant levels that exceed the plant protection criteria listed in the Athens Utilities Board's established policies and procedures, unless specifically allowed by their discharge permit according to this chapter and ACC chapter 18-III. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered in violation of this chapter.
4. (4) Fats, oils and grease traps and interceptors.
   1. (a) Grease, oil, and sand interceptors or grease traps shall be provided within 90 days of notification when, in the opinion of the superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units or traps shall be of a type and capacity approved by the AUB, shall comply with the AUB's fats, oil, and grease (FOG) control policy, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with the AUB's FOG control policy by the user at expense. Failure to maintain any grease control device in accordance with the AUB's FOG control policy shall constitute a violation of this chapter. If the AUB is required to clean out, repair, or replace a sewer line as a result of a stoppage due to, in part or in whole, a user's failure to install or properly maintain a grease control device, then the user shall be required to pay the costs of labor and materials required to clean out, replace, or repair the sewer line.
   2. (b) Solvents prohibited. The use of degreasing or line cleaning products containing petroleum-based solvents is prohibited. The use of other products for the purpose of keeping FOG dissolved or suspended until it has traveled into the WWF is prohibited.
   3. (c) The superintendent may use industrial wastewater discharge permits under ACC 18-66 to regulate the discharge of fat, oil and grease.

(Code 1995, § 18-206; Ord. No. 972, 11-18-2008; Ord. No. 985, 3-16-2010)

Violators of these wastewater regulations may be cited to city court, general sessions court, chancery court, or other court of competent jurisdiction, face fines, have sewer service terminated or the AUB may seek further remedies as needed to protect the collection system, treatment plant, receiving stream and public health, including the issuance of discharge permits according to ACC chapter 18-III. Repeated or continuous violation of this chapter is declared to be a public nuisance and may result in legal action against the property owner and/or occupant and the service line disconnected from sewer main. Upon notice by the superintendent that a violation has or is occurring, the user shall immediately take steps to stop or correct the violation. The AUB may take any or all the following remedies:

1. (1) Cite the user to city or general sessions court, where each day of violation shall constitute a separate offense.
2. (2) In an emergency situation where the superintendent has determined that immediate action is needed to protect the public health, safety or welfare, a public water supply or the facilities of the sewerage system, the superintendent may discontinue water service or disconnect sewer service.
3. (3) File a lawsuit in chancery court or any other court of competent jurisdiction seeking damages against the user, and further seeking an injunction prohibiting further violations by the user.
4. (4) Seek further remedies as needed to protect the public health, safety or welfare, the public water supply or the facilities of the sewerage system.

(Code 1995, § 18-207; Ord. No. 972, 11-18-2008)

1. (1) Purpose. It is the purpose of this chapter to provide for the equitable recovery of costs from users of the AUB's wastewater treatment system, including costs of operation, maintenance, administration, bond service costs, capital improvements, depreciation, and equitable cost recovery of EPA-administered federal wastewater grants.
2. (2) Types of charges and fees. The charges and fees as established in the AUB's schedule of rates and fees may include, but are not limited to:
   1. (a) Inspection fee and tapping fee;
   2. (b) Fees for applications for discharge;
   3. (c) Sewer use charges;
   4. (d) Surcharge fees;
   5. (e) Waste hauler permit fees;
   6. (f) Wastewater discharge permit fees;
   7. (g) Fees for discharge monitoring; and
   8. (h) Other fees as the AUB may deem necessary.
3. (3) Fees for application for discharge. A fee may be charged when a user or prospective user makes application for discharge as required by ACC 18-66.
4. (4) Inspection fee and tapping fee. An inspection fee and tapping fee for a sewer installation shall be paid to the AUB's wastewater division at the time the application is filed.
5. (5) Sewer user charges. The five-member board of the AUB shall establish monthly rates and charges for the use of the wastewater system and for the services supplied by the wastewater system.
6. (6) Wastewater discharge permit fees. A fee may be charged for the issuance of a wastewater discharge permit in accordance with ACC 18-66.
7. (7) Fees for discharge monitoring. Fees may be collected from users having pretreatment or other discharge requirements to compensate the AUB for the necessary compliance monitoring and other administrative duties of the pretreatment program.
8. (8) Administrative civil penalties. Administrative civil penalties shall be issued in an amount up to $10,000.00. The local administrative officer may assess a civil penalty within the appropriate range. Civil penalty assessments are to be assessed per violation per day unless otherwise noted.

(Code 1995, § 18-208; Ord. No. 972, 11-18-2008)

In order to comply with federal industrial pretreatment rules 40 CFR 403 and state pretreatment rules Tenn. Comp. Rules and Regs. 1200-4-14 and to fulfill the purpose and policy of this chapter, the following regulations are adopted:

1. (1) User discharge restrictions. All system users must follow the general and specific discharge regulations specified in ACC 18-36.
2. (2) Users required to meet industrial/commercial wastewater regulations. Users wishing to discharge pollutants at higher concentrations than plant protection criteria contained in Athens Utilities Board's (AUB's) established policies and procedures, or those dischargers who are classified as significant industrial users, will be required to meet the requirements of this chapter. Users who discharge waste which falls under the criteria specified in this chapter and who fail to or refuse to follow the provisions shall face termination of service and/or enforcement action specified in the AUB's approved enforcement response plan.
3. (3) Discharge regulation. Discharges to the sewer system shall be regulated through use of a permitting system. The permitting system may include any or all of the following activities: completion of survey/application forms, issuance of permits, oversight of users monitoring and permit compliance, use of compliance schedules, inspections of industrial processes, wastewater processing, and chemical storage, public notice of permit system changes and public notice of users found in significant noncompliance.
4. (4) Local limits. Discharge permits shall limit concentrations of discharge pollutants to those levels that are established as local limits or other applicable state and federal pretreatment rules which may be in effect or take effect after the passage of the ordinance from which this chapter is derived. Local limits are listed in the AUB's established policies and procedures.
5. (5) Surcharge limits and maximum concentrations. Dischargers of high strength waste may be subject to surcharges, which are outlined in the AUB's established policies and procedures and/or schedule of rates and fees and/or the user's applicable discharge permit. Maximum concentrations may also be established for some users.
6. (6) Protection of treatment plant influent. The pretreatment coordinator shall monitor the treatment works influent for each parameter in the plant protection criteria, which are listed in the AUB's established policies and procedures. In the event that the influent at the WWF reaches or exceeds the levels established by plant protection criteria or subsequent criteria calculated as a result of changes in pass-through limits issued by the state department of environment and conservation, the pretreatment coordinator shall initiate technical studies to determine the cause of the influent violation and shall recommend to the superintendent the necessary remedial measures, including, but not limited to, recommending the establishment of new or revised local limits, best management practices, or other criteria used to protect the WWF. The pretreatment coordinator shall also recommend changes to any of these criteria in the event that the WWF effluent standards are changed, there are changes in any applicable law or regulation affecting same, or changes are needed for more effective operation of the WWF.
7. (7) User inventory. The superintendent will maintain an up-to-date inventory of users whose waste does or may fall into the requirements of this chapter and will notify the users of their status.
8. (8) Right to establish more restrictive criteria. No statement in this chapter is intended or may be construed to prohibit the pretreatment coordinator from establishing specific wastewater discharge criteria which are more restrictive when wastes are determined to be harmful or destructive to the facilities of the WWF or to create a public nuisance, or to cause the discharge of the WWF to violate effluent or stream quality standards, or to interfere with the use or handling of sludge, or to pass through the WWF resulting in a violation of the NPDES permit, or to exceed industrial pretreatment standards for discharge to municipal wastewater treatment systems as imposed or as may be imposed by the state department of environment and conservation and/or the United States Environmental Protection Agency.

(Code 1995, § 18-301; Ord. No. 972, 11-18-2008)

1. (1) Application for discharge of commercial or industrial wastewater. All users or prospective users which generate commercial or industrial wastewater shall make application to the superintendent for connection to the AUB's wastewater treatment system. It may be determined through the application that a user needs a discharge permit according to the provisions of federal and state laws and regulations. Applications shall be required from all new dischargers as well as for any existing discharger desiring additional service or where there is a planned change in the industrial or wastewater treatment process. Connection to the city sewer or changes in the industrial process or wastewater treatment process shall not be made until the application is received and approved by the superintendent, and the building sewer is installed in accordance with ACC 18-6. The receipt by the AUB of a prospective customer's application for connection shall not obligate the AUB to render the connection. If the service applied for cannot be supplied in accordance with this chapter and the AUB's rules and regulations and general practice, the connection charge will be refunded in full, and there shall be no liability of the AUB to the applicant for such service.
2. (2) Industrial wastewater discharge permits.
   1. (a) General requirements. All industrial users proposing to connect to or to contribute to the WWF shall apply for service and apply for a discharge permit before connecting to or contributing to the WWF. All existing industrial users connected to or contributing to the WWF may be required to apply for a permit within 180 days after the effective date of the ordinance from which this chapter is derived.
   2. (b) Applications. Applications for wastewater discharge permits shall be required as follows:
      1. (i) Users required by the superintendent to obtain a wastewater discharge permit shall complete and file with the pretreatment coordinator an application on a prescribed form accompanied by the appropriate fee.
      2. (ii) The application shall be in the prescribed form of the AUB and shall include, but not be limited to, the following information: name, address, and SIC/NAICS number of applicant; wastewater volume; wastewater constituents and characteristic, including, but not limited to, those mentioned in ACC 18-36 and ACC 18-65, discharge variations (daily, monthly, seasonal and 30-minute peaks), a description of all chemicals handled on the premises, each product produced by type, amount, process and rate of production, type and amount of raw materials, number and type of employees, hours of operation, site plans, floor plans, mechanical and plumbing plans and details showing all sewers and appurtenances by size, location and elevation; a description of existing and proposed pretreatment and/or equalization facilities; and any other information deemed necessary by the pretreatment coordinator.
      3. (iii) Any user who elects or is required to construct new or additional facilities for pretreatment shall, as part of the application for a wastewater discharge permit, submit plans, specifications and other pertinent information relative to the proposed construction to the pretreatment coordinator for approval. A wastewater discharge permit shall not be issued until such plans and specifications are approved. Approval of such plans and specifications shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter.
      4. (iv) If additional pretreatment and/or operations and maintenance will be required to meet the pretreatment standards, the application shall include the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. For the purpose of this subsection, the term "pretreatment standard" shall include either a national pretreatment standard or a pretreatment standard imposed by this chapter.
      5. (v) The AUB will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the AUB may issue a wastewater discharge permit subject to the terms and conditions provided herein.
      6. (vi) The receipt by the AUB of a prospective customer's application for a wastewater discharge permit shall not obligate the AUB to render the wastewater collection and treatment service. If the service applied for cannot be supplied in accordance with this chapter or the AUB's policies and procedures and general practice, the application shall be rejected and there shall be no liability of the AUB to the applicant of such service.
      7. (vii) The pretreatment coordinator will act only on applications containing all the information required in this section. Persons who have filed incomplete applications will be notified by the pretreatment coordinator that the application is deficient and the nature of such deficiency and will be required to correct the deficiency. If the deficiency is not corrected within such extended period as allowed by the local administrative officer, the local administrative officer shall deny the application and notify the applicant in writing of such action.
      8. (viii) Applications shall be signed by the duly authorized representative.
   3. (c) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the AUB.
      1. (i) Permits shall contain the following:
         1. A. The statement of duration;
         2. B. Provisions of transfer;
         3. C. Effluent limits, including best management practices, based on applicable pretreatment standards in this chapter, state rules, categorical pretreatment standards, local, state, and federal laws;
         4. D. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
         5. E. A statement of applicable civil and criminal penalties for violations of pretreatment standards and the requirements of any applicable compliance schedule. Such schedules shall not extend the compliance date beyond the applicable federal deadlines;
         6. F. Requirements to control slug discharges, if determined by the WWF to be necessary;
         7. G. Requirements to notify the WWF immediately if changes in the user's processes affect the potential for a slug discharge.
      2. (ii) Additionally, permits may contain the following:
         1. A. The unit charge or schedule of user charges, surcharges, and fees for the wastewater to be discharged to the WWF;
         2. B. Requirements for installation and maintenance of inspection and sampling facilities;
         3. C. Compliance schedules;
         4. D. Requirements for submission of technical reports or discharge reports;
         5. E. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the AUB and affording the AUB access thereto;
         6. F. Requirements for notification of the AUB 60 days prior to implementing any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system and of any changes in industrial processes that would affect wastewater quality or quantity;
         7. G. Prohibition of bypassing pretreatment or pretreatment equipment;
         8. H. Effluent mass loading restrictions;
         9. I. Other conditions as deemed appropriate by the AUB to ensure compliance with this chapter.
   4. (d) Permit modification. The terms and conditions of the permit may be subject to modification by the pretreatment coordinator during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 60 days prior to the effective date of the change, except in the case where federal deadlines are shorter, in which case the federal rule must be followed. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
   5. (e) Permit duration. Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit renewal a minimum of 180 days prior to the expiration of the user's existing permit.
   6. (f) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the written approval of the AUB. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The permit holder must provide the new owner with a copy of the current permit.
   7. (g) Revocation of permit. Any permit issued under the provisions of this chapter is subject to be modified, suspended, or revoked in whole or in part during its term for cause, including, but not limited to, the following:
      1. (i) Violation of any terms or conditions of the wastewater discharge permit or other applicable federal, state, or local law or regulation.
      2. (ii) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts.
      3. (iii) A change in:
         1. A. Any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
         2. B. Strength, volume, or timing of discharges;
         3. C. Or addition to process lines generating wastewater.
      4. (iv) Intentional failure of a user to accurately report the discharge constituents and characteristics or to report significant changes in plant operations or wastewater characteristics.
3. (3) Confidential information.
   1. (a) All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection shall be available to the public or any governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the pretreatment coordinator that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the users.
   2. (b) When requested by the person furnishing the report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use related to this chapter or the AUB's or user's NPDES permit; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
   3. (c) Information accepted by the pretreatment coordinator as confidential shall not be transmitted to any governmental agency or to the general public by the pretreatment coordinator until and unless prior and adequate notification is given to the user.

(Code 1995, § 18-302; Ord. No. 972, 11-18-2008)

1. (1) Monitoring facilities.
   1. (a) The installation of a monitoring facility shall be required for all industrial users. A monitoring facility shall be a manhole or other suitable facility approved by the pretreatment coordinator.
   2. (b) When, in the judgment of the pretreatment coordinator, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the pretreatment coordinator may require that separate monitoring facilities be installed for each separate source of discharge.
   3. (c) Monitoring facilities that are required to be installed shall be constructed and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewater produced by a user. If sampling or metering equipment is also required by the pretreatment coordinator, it shall be provided and installed at the user's expense.
   4. (d) The monitoring facility will normally be required to be located on the user's premises outside of the building. The pretreatment coordinator may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street right-of-way with the approval of the public agency having jurisdiction of that right-of-way and located so that it will not be obstructed by landscaping or parked vehicles.
   5. (e) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expenses of the user.
2. (2) Sample methods. All samples collected and analyzed pursuant to this regulation shall be conducted using protocols (including appropriate preservation) specified in the current edition of 40 CFR 136 and appropriate EPA guidance. Multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenol, and sulfide, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate.
3. (3) Representative sampling and housekeeping. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measuring facilities shall be properly operated, kept clean, and in good working order at all times. The failure of the user to keep its monitoring facilities in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
4. (4) Proper operation and maintenance. The user shall at all times properly operate and maintain the equipment and facilities associated with spill control, wastewater collection, treatment, sampling and discharge. Proper operation and maintenance includes adequate process control as well as adequate testing and monitoring quality assurance.
5. (5) Inspection and sampling. The AUB may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the AUB or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination and copying or in the performance of any of its duties. The AUB, approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. The AUB will utilize qualified personnel or a private laboratory to conduct compliance monitoring. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the AUB, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibility.
6. (6) Safety. While performing the necessary work on private properties, the pretreatment coordinator or duly authorized employees of the AUB shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to AUB employees and the AUB shall indemnify the company against loss or damage to its property by AUB employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the monitoring and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
7. (7) New sources. New sources of discharges to the WWF shall have in full operation all pollution control equipment at startup of the industrial process and be in full compliance of effluent standards within 90 days of startup of the industrial process.
8. (8) Slug discharge evaluations. Evaluations will be conducted of each significant industrial user according to the state and federal regulations. Where it is determined that a slug discharge control plan is needed, the user shall prepare that plan according to the appropriate regulatory guidance.
9. (9) Accidental discharges or slug discharges.
   1. (a) Protection from accidental or slug discharge.
      1. (i) All industrial users shall provide such facilities and institute such procedures as are reasonably necessary to prevent or minimize the potential for accidental or slug discharge into the WWF of waste regulated by this chapter from liquid or raw material storage areas, from truck and railcar loading and unloading areas, from in-plant transfer or processing and materials handling areas, and from diked areas or holding ponds of any waste regulated by this chapter. Detailed plans showing the facilities and operating procedures shall be submitted to the pretreatment coordinator before the facility is constructed.
      2. (ii) The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility to provide the protection necessary to meet the requirements of this chapter.
   2. (b) Notification of accidental discharge or slug discharge.
      1. (i) Any person causing or suffering from any accidental discharge or slug discharge shall immediately notify the pretreatment coordinator or the chief operator of the AUB's wastewater treatment facilities in person or by the telephone to enable countermeasures to be taken to minimize damage to the WWF, the health and welfare of the public, and the environment.
      2. (ii) This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the cause of the accidental discharge and the measures being taken to prevent future occurrence.
      3. (iii) Such notification shall not relieve the user of liability for any expense, loss, or damage to the WWF, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or state or federal law.
   3. (c) Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(Code 1995, § 18-303; Ord. No. 972, 11-18-2008; Ord. No. 985, 3-16-2010)

Users, whether permitted or non-permitted, may be required to submit reports detailing the nature and characteristics of their discharges according to this section. Failure to make a requested report in the specified time is a violation subject to enforcement actions under ACC 18-70.

1. (1) Baseline monitoring report.
   1. (a) Generally. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Tenn. Comp. Rules and Regs. 1200-4-14-.06(1)(d), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the WWF shall submit to the superintendent a report which contains the information listed in subsection (a)(2) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the superintendent a report which contains the information listed in subsection (a)(2) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
   2. (b) Required information. Users described subsection (a)(1) of this section shall submit the information set forth below:
      1. (i) Identifying information. The user name and address of the facility, including the name of operators and owners.
      2. (ii) Permit information. A listing of any environmental control permits held by or for the facility.
      3. (iii) Description of operations. A brief description of the nature, average rate of production (including each product produced by type, amount, process, and rate of production), and standard industrial classifications of the operations carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the WWF from the regulated processes.
      4. (iv) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula.
      5. (v) Measurement of pollutants.
         1. A. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
         2. B. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the superintendent, of regulated pollutants in the discharge from each regulated process;
         3. C. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported;
         4. D. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 CFR 136 and amendments, unless otherwise specified in an applicable categorical standard. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the superintendent or the applicable standards to determine compliance with the standard;
         5. E. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection (a)(2)e;
         6. F. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula to evaluate compliance with the pretreatment standards;
         7. G. Sampling and analysis shall be performed in accordance with 40 CFR 136 or other approved methods;
         8. H. The superintendent 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;
         9. I. The baseline report shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWF.
   3. (c) Compliance certification. Users shall provide a statement, reviewed by the user's duly authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
   4. (d) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection (b) of this section.
   5. (e) Signature and report certification. All baseline monitoring reports must be certified in accordance with subsection (n) of this section and signed by the duly authorized representative.
2. (2) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection (a)(4) of this section:
   1. (a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
   2. (b) No increment referred to in subsection (b)(1) of this section shall exceed nine months;
   3. (c) The user shall submit a progress report to the superintendent no later than 14 days following each date in the schedule and the final date of compliance, including, at 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;
   4. (d) In no event shall more than nine months elapse between such progress reports to the superintendent.
3. (3) Reports on compliance with categorical pretreatment standard deadline. 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 WWF, any user subject to such pretreatment standards and requirements shall submit to the superintendent a report containing the information described in subsections (a)(2)d and e of this section. 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 shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection (n) of this section. All sampling will be done in conformance with subsection (k) of this section.
4. (4) Periodic compliance reports.
   1. (a) All significant industrial users must, at a frequency determined by the superintendent, submit no less than twice per year (April 10 and October 10) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the superintendent or the pretreatment standard necessary to determine the compliance status of the user.
   2. (b) All periodic compliance reports must be signed and certified in accordance with this chapter.
   3. (c) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
   4. (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 superintendent, using the procedures prescribed in subsection (k) of this section, the results of this monitoring shall be included in the report.
5. (5) Reports of changed conditions. Each user must notify the superintendent of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 60 days before the change.
   1. (a) The superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under ACC 18-66.
   2. (b) The superintendent may issue an individual wastewater discharge permit under ACC 18-66 or modify an existing wastewater discharge permit under ACC 18-66 in response to changed conditions or anticipated changed conditions.
6. (6) Report of potential problems.
   1. (a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
   2. (b) Within five days following such discharge, the user shall, unless waived by the superintendent, submit a detailed written report describing the causes of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the WWF, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
   3. (c) A notice shall 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 subsection (f)(1) of this section. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
   4. (d) Significant industrial users are required to notify the superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
7. (7) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the superintendent as the superintendent may require to determine users status as non-permitted.
8. (8) Notice of violations/repeat sampling and reporting. Where a violation has occurred, another sample shall be conducted within 30 days of becoming aware of the violation, either a repeat sample or a regularly scheduled sample that falls within the required timeframe. If sampling performed by a user indicates a violation, the user must notify the superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the superintendent within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the AUB performs sampling at the user's facility at least once a month, or if the AUB performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the AUB has performed the sampling and analysis in lieu of the industrial user.
9. (9) Notification of the discharge of hazardous waste. ACC 18-36(a)(s) prohibits the disposal of any waste that, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261.
10. (10) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the 40 CFR part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the superintendent or other parties approved by EPA.
11. (11) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
    1. (a) Except as indicated in subsections (k)(2) and (3) of this section, 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 superintendent. Where time proportional composite sampling or grab sampling is authorized by the AUB, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the AUB as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
    2. (b) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
    3. (c) For sampling required in support of baseline monitoring and 90-day compliance reports required in subsections (a) and (c) of this section, 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 do not exist; for facilities for which historical sampling data are available, the superintendent may authorize a lower minimum. For the reports required by subsection (d) of this section, the industrial user is required to collect the number of grab samples necessary to assess and ensure compliance with applicable pretreatment standards and requirements.
12. (12) Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, the date of receipt of the report shall govern.
13. (13) Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, 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 established under this chapter. Records shall include the date, exact place, method, and time of sampling, and the name of the persons taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the superintendent.
14. (14) Certification statements.
    1. (a) Signature and certification. All reports associated with compliance with the pretreatment program shall be signed by the duly authorized representative and shall have the following certification statement attached:
       
       "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 ensure 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. (b) Reports required to have signatures and certification statements include permit applications, periodic reports, compliance schedules, baseline monitoring, reports of accidental or slug discharges, and any other written report that may be used to determine water quality and compliance with local, state, and federal requirements.

(Code 1995, § 18-304; Ord. No. 972, 11-18-2008; Ord. No. 985, 3-16-2010)

Under the authority of T.C.A. § 69-3-123 et seq., the enforcement response plan shall be as follows:

1. (1) Complaints; notification of violation; orders.
   1. (a)
      
      1. (i) When the local administrative officer has reason to believe that a violation of any provision of the Athens Utilities Board's wastewater regulations, pretreatment program, or orders of the local hearing authority issued under it has occurred, is occurring, or is about to occur, the local administrative officer may cause a written complaint to be served upon the alleged violator.
      2. (ii) The complaint shall specify the provision of the pretreatment program or order alleged to be violated or about to be violated and the facts alleged to constitute a violation, may order that necessary corrective action be taken within a reasonable time to be prescribed in the order, and shall inform the violators of the opportunity for a hearing before the local hearing authority.
      3. (iii) Any such order shall become final and not subject to review unless the alleged violators request by written petition a hearing before the local hearing authority as provided in subsection (b) of this section, no later than 30 days after the date the order is served, provided that the local hearing authority may review the final order as provided in T.C.A. § 69-3-123(a)(3).
      4. (iv) Notification of violation. Notwithstanding the provisions of subsections (a)(1)a through c of this section, whenever the pretreatment coordinator finds that any user has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirements, the AUB or its agent may serve upon the user a written notice of violation. Within 15 days of the receipt of this notice, the user shall submit to the pretreatment coordinator an explanation of the violation and a plan for its satisfactory correction and prevention including specific actions. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section limits the authority of the AUB to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
   2. (b)
      
      1. (i) When the local administrative officer finds that a user has violated or continues to violate this chapter, wastewater discharge permits, any order issued hereunder, or any other pretreatment standard or requirement, he may issue one of the following orders. These orders are not prerequisite to taking any other action against the user.
         1. A. Compliance order. An order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the specified time, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation.
         2. B. Cease and desist order. An order to the user directing it to cease all such violations and directing it to immediately comply with all requirements and take needed remedial or preventive action to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
         3. C. Consent order. Assurances of voluntary compliance, or other documents establishing an agreement with the user responsible for noncompliance, including specific action to be taken by the user to correct the noncompliance within a time period specified in the order.
         4. D. Emergency order.
            1. 1. When the local administrative officer finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, the health of animals, fish or aquatic life, a public water supply, or the facilities of the WWF, the local administrative officer may, without prior notice, issue an order reciting the existence of such an emergency and requiring that any action be taken as the local administrative officer deems necessary to meet the emergency.
            2. 2. If the violator fails to respond or is unable to respond to the order, the local administrative officer may take any emergency action as the local administrative officer deems necessary, or contract with a qualified person to carry out the emergency measures. The local administrative officer may assess the person responsible for the emergency condition for actual costs incurred by the AUB in meeting the emergency.
      2. (ii) Appeals from orders of the local administrative officer.
         1. A. Any user affected by any order of the local administrative officer in interpreting or implementing the provisions of this chapter may file with the local administrative officer a written request for reconsideration within 30 days of the order, setting forth in detail the facts supporting the user's request for reconsideration.
         2. B. If the ruling made by the local administrative officer is unsatisfactory to the person requesting reconsideration, he may, within 30 days, file a written petition with the local hearing authority as provided in subsection (b) of this section. The local administrative officer's order shall remain in effect during the period of reconsideration.
   3. (c) Except as otherwise expressly provided, any notice, complaint, order, or other instrument issued by or under authority of this section may be served on any named person, personally, by the local administrative officer or any person designated by the local administrative officer, or service may be made in accordance with state statutes authorizing service of process in civil action. Proof of service shall be filed in the office of the local administrative officer.
2. (2) Hearings.
   1. (a) Any hearing or rehearing brought before the local hearing authority shall be conducted in accordance with the following:
      1. (i) Upon receipt of a written petition from the alleged violator pursuant to this subsection (b), the local administrative officer shall give the petitioner 30 days' written notice of the time and place of the hearing, but in no case shall the hearing be held more than 60 days from the receipt of the written petition, unless the local administrative officer and the petitioner agree to a postponement;
      2. (ii) The hearing may be conducted by the local hearing authority at a regular or special meeting. A quorum of the local hearing authority must be present at the regular or special meeting to conduct the hearing;
      3. (iii) A verbatim record of the proceedings of the hearings shall be taken and filed with the local hearing authority, together with the findings of fact and conclusions of law made under subsection (b)(1)f of this section. The recorded transcript shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the local administrative officer to cover the costs of preparation;
      4. (iv) In connection with the hearing, the chairman shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of the county has jurisdiction upon the application of the local hearing authority or the local administrative officer to issue an order requiring the person to appear and testify or produce evidence as the case may require, and any failure to obey an order of the court may be punished by such court as contempt;
      5. (v) Any member of the local hearing authority may administer oaths and examine witnesses;
      6. (vi) On the basis of the evidence produced at the hearing, the local hearing authority shall make findings of fact and conclusions of law and enter decisions and orders that, in its opinion, will best further the purposes of the pretreatment program. It shall provide written notice of its decisions and orders to the alleged violator. The order issued under this subsection shall be issued by the person designated by the chairman no later than 30 days following the close of the hearing;
      7. (vii) The decision of the local hearing authority becomes final and binding on all parties unless appealed to the courts as provided in subsection (b)(2) of this section.
      8. (viii) Any person to whom an emergency order is directed under subsection (a)(2)a.4 of this section shall comply immediately but, on petition to the local hearing authority, will be afforded a hearing as soon as possible. In no case will the hearing be held later than three days from the receipt of the petition by the local hearing authority.
   2. (b) An appeal may be taken from any final order or other final determination of the local hearing authority by any party who is or may be adversely affected, including the pretreatment agency. Appeal must be made to the chancery court under the common law writ of certiorari set out in T.C.A. § 27-8-101 et seq., within 60 days from the date the order or determination is made.
   3. (c) Show cause hearing. Notwithstanding the provisions of subsection (b)(1) or (2) of this section, the pretreatment coordinator may order any user that causes or contributes to violations of this chapter, wastewater discharge permits, or orders issued hereunder, or any other pretreatment standard or requirements, to appear before the local administrative officer and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for the action, and a request that the user show cause why the proposed enforcement action should be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. The notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be prerequisite for taking any other action against the user. A show cause hearing may be requested by the discharger prior to revocation of a discharge permit or termination of service.
3. (3) Violations, administrative civil penalty. Under the authority of T.C.A. § 69-3-125:
   1. (a)
      
      1. (i) Any person, including, but not limited to, industrial users, who does any of the following acts or omissions is subject to a civil penalty of up to $10,000.00 per day for each day during which the act or omission continues or occurs:
         1. A. Unauthorized discharge, discharging without a permit;
         2. B. Violates an effluent standard or limitation;
         3. C. Violates the terms or conditions of a permit;
         4. D. Fails to complete a filing requirement;
         5. E. Fails to allow or perform an entry, inspection, monitoring or reporting requirement;
         6. F. Fails to pay user or cost recovery charges; or
         7. G. Violates a final determination or order of the local hearing authority or the local administrative officer.
      2. (ii) Any administrative civil penalty must be assessed in the following manner:
         1. A. The local administrative officer may issue an assessment against any person or industrial user responsible for the violation;
         2. B. Any person or industrial user against whom an assessment has been issued may secure a review of the assessment by filing with the local administrative officer a written petition setting forth the grounds and reasons for the violator's objections and asking for a hearing in the matter involved before the local hearing authority and, if a petition for review of the assessment is not filed within 30 days after the date the assessment is served, the violator is deemed to have consented to the assessment and it becomes final;
         3. C. When any assessment has become final because of a person's failure to appeal the assessment, the local administrative officer may apply to the appropriate court for a judgment and seek execution of the judgment, and the court, in such proceedings, shall treat a failure to appeal the assessment as a confession of judgment in the amount of the assessment;
         4. D. In assessing the civil penalty, the local administrative officer may consider the following factors:
            1. 1. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
            2. 2. Damages to the pretreatment agency, including compensation for the damage or destruction of the facilities of the publicly owned treatment works, and also including any penalties, costs and attorneys' fees incurred by the pretreatment agency as the result of the illegal activity, as well as the expenses involved in enforcing this section and the costs involved in rectifying any damages;
            3. 3. Cause of the discharge or violation;
            4. 4. The severity of the discharge and its effect upon the facilities of the publicly owned treatment works and upon the quality and quantity of the receiving waters;
            5. 5. Effectiveness of action taken by the violator to cease the violation;
            6. 6. The technical and economic reasonableness of reducing or eliminating the discharge; and
            7. 7. The economic benefit gained by the violator.
         5. E. The local administrative officer may institute proceedings for assessment in the chancery court of the county in which all or part of the pollution or violation occurred, in the name of the pretreatment agency.
      3. (iii) The local hearing authority may establish by regulation a schedule of the amount of civil penalty which can be assessed by the local administrative officer for certain specific violations or categories of violations.
      4. (iv) Assessments may be added to the user's next scheduled sewer service charge, and the local administrative officer shall have such other collection remedies as may be available for other service charges and fees.
   2. (b) Any civil penalty assessed to a violator pursuant to this section may be in addition to any civil penalty assessed by the commissioner for violations of T.C.A. § 69-3-115(a)(1)(F); however, the sum of penalties imposed by this section and by T.C.A. § 69-3-115(a) shall not exceed $10,000.00 per day for each day during which the act or omission continues or occurs.
4. (4) Assessment for noncompliance with program permits or orders.
   1. (a) The local administrative officer may assess the liability of any polluter or violator for damages to the AUB resulting from any person's or industrial user's pollution or violation, failure, or neglect in complying with any permits or orders issued pursuant to the provisions of the pretreatment program or this section.
   2. (b) If an appeal from such assessment is not made to the local hearing authority by the polluter or violator within 30 days of notification of such assessment, the polluter or violator shall be deemed to have consented to the assessment, and it shall become final.
   3. (c) Damages may include any expenses incurred in investigating and enforcing the pretreatment program of this section, in removing, correcting, and terminating any pollution, and also compensation for any actual damages caused by the pollution or violation.
   4. (d) When any assessment has become final because of a person's failure to appeal within the time provided, the local administrative officer may apply to the appropriate court for a judgment and seek execution on the judgment. The court, in its proceedings, shall treat the failure to appeal the assessment as a confession of judgment in the amount of the assessment.
5. (5) Judicial proceedings and relief. The local administrative officer may initiate proceedings in the chancery court of the county in which the activities occurred against any person or industrial user who is alleged to have violated or is about to violate the pretreatment program, this section, or orders of the local hearing authority or local administrative officer. In the action, the local administrative officer may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
6. (6) Termination of discharge.
   1. (a) In addition to the revocation of permit provisions in ACC 18-66(2)(g), users are subject to termination of their wastewater discharge for violations of wastewater discharge permits, or orders issued hereunder, or for any of the following conditions:
      1. (i) Violation of wastewater discharge permit conditions.
      2. (ii) Failure to accurately report the wastewater constituents and characteristics of its discharge.
      3. (iii) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.
      4. (iv) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
      5. (v) Violation of the pretreatment standards in the general discharge prohibitions in ACC 18-36.
      6. (vi) Failure to properly submit an industrial waste survey when requested by the pretreatment coordination superintendent.
   2. (b) The user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause, as provided in subsection (b)(3) of this section, why the proposed action should not be taken.
7. (7) Disposition of damage payments and penalties; special fund. All damages and/or penalties assessed and collected under the provisions of this section shall be placed in a special fund by the pretreatment agency and allocated and appropriated for the administration of its wastewater fund or combined water and wastewater fund.
8. (8) Levels of noncompliance.
   1. (a) Insignificant noncompliance. For the purpose of this subsection (h), insignificant noncompliance is considered a relatively minor infrequent violation of pretreatment standards or requirements. These will usually be responded to informally with a phone call or site visit but may include a notice of violation (NOV).
   2. (b) Significant noncompliance. Significant noncompliance includes:
      1. (i) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for each parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limit.
      2. (ii) 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 equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). TRC calculations for pH are not required.
      3. (iii) Any other violation of a pretreatment standard or requirement (daily maximum of longer-term average, instantaneous limit, or narrative standard) that the WWF determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).
      4. (iv) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the WWF's exercise of its emergency authority under subsection (a)(2)a.4 of this section to halt or prevent such a discharge.
      5. (v) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
      6. (vi) Failure to provide, within 45 days after their due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
      7. (vii) Failure to accurately report noncompliance.
      8. (viii) Any other violation or group of violations, which may include a violation of best management practices, which the WWF determines will adversely affect the operation of implementation of the local pretreatment program.
      Any significant noncompliance violations will be responded to according to the AUB's enforcement response plan.
9. (9) Public notice of significant violations. The superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the WWF, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user that violates subsection (i)(3), (4) or (7) of this section) and means:
   1. (a) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
   2. (b) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter 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, oils and grease, and 1.2 for all other pollutants except pH). TRC calculations for pH are not required;
   3. (c) Any other violation of a pretreatment standard or requirement that the superintendent determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of WWF personnel or the general public;
   4. (d) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the superintendent's exercise of its emergency authority to halt or prevent such a discharge;
   5. (e) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
   6. (f) Failure to accurately report noncompliance; or
   7. (g) Any other violations, which may include a violation of best management practices, which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
10. (10) Criminal penalties. In addition to civil penalties imposed by the local administrative officer and the state, any person who willfully and negligently violates permit conditions is subject to criminal penalties imposed by the state or federal government.

(Code 1995, § 18-305; Ord. No. 972, 11-18-2008)

The AUB's enforcement response plan is to provide for the consistent and equitable enforcement of the provisions of this chapter. The plan includes a table to guide the AUB when imposing sanctions or penalties for the violation of this chapter.

(Code 1995, § 18-306; Ord. No. 972, 11-18-2008)

1. (1) Purpose. It is the purpose of this chapter to provide for the equitable recovery of costs from users of the AUB's wastewater treatment system including costs of operation, maintenance, administration, bond service costs, capital improvements, depreciation, and equitable cost recovery of EPA administered federal wastewater grants.
2. (2) Types of charges and fees. The charges and fees as established in the AUB's schedule of rates and fees may include, but are not limited to:
   1. (a) Inspection fee and tapping fee;
   2. (b) Fees for applications for discharge;
   3. (c) Sewer use charges;
   4. (d) Surcharge fees;
   5. (e) Waste hauler permit fees;
   6. (f) Wastewater discharge permit fees;
   7. (g) Fees for discharge monitoring; and
   8. (h) Other fees as the AUB may deem necessary.
3. (3) Fees for application for discharge. A fee may be charged when a user or prospective user makes application for discharge as required by ACC 18-66.
4. (4) Inspection fee and tapping fee. An inspection fee and tapping fee for a sewer installation shall be paid to the AUB's wastewater division at the time the application is filed.
5. (5) Sewer user charges. The five-member board of the AUB shall establish monthly rates and charges for the use of the wastewater system and for the services supplied by the wastewater system.
6. (6) Wastewater discharge permit fees. A fee may be charged for the issuance of a wastewater discharge permit in accordance with ACC 18-66.
7. (7) Fees for discharge monitoring. Fees may be collected from users having pretreatment or other discharge requirements to compensate the AUB for the necessary compliance monitoring and other administrative duties of the pretreatment program.
8. (8) Administrative civil penalties. Administrative civil penalties shall be issued in an amount up to $10,000.00. The local administrative officer may assess a civil penalty within the appropriate range. Civil penalty assessments are to be assessed per violation per day unless otherwise noted.

(Code 1995, § 18-307; Ord. No. 972, 11-18-2008)

This chapter and its provisions shall be valid for all service areas, regions, and sewage works under the jurisdiction of the AUB.

(Code 1995, § 18-308; Ord. No. 972, 11-18-2008)

Municipal water service shall be furnished to applicants therefor in accordance with such rules and regulations as the Athens Utilities Board shall prescribe.

(Code 1972, § 13-201; Code 1995, § 18-401; Ord. No. 972, 11-18-2008)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Auxiliary intake means any piping connection or other device whereby water may be secured from a source other than that normally used.

Bypass means any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water purification plant.

Cross connection means any physical arrangement whereby the public water supply is connected with any other water supply system, whether public or private, either inside or outside of any building, in such manner that a flow of water into the public water supply is possible either through the manipulation of valves or because of ineffective check or back pressure valves, or because of any other arrangement.

Interconnection means any system of piping or other arrangement whereby the public water supply is connected directly with a sewer, drain, conduit, pool, storage reservoir, or other device which normally contains sewage or other waste or liquid which would be capable of imparting contamination to the public water supply.

Public water supply means the waterworks system furnishing water to the city for general use and which supply is recognized as the public water supply by the state department of health.

(Code 1972, § 8-301; Code 1995, § 18-501; Ord. No. 972, 11-18-2008)

It is unlawful for any person to cause a cross connection, auxiliary intake, bypass or interconnection to be made, or allow one to exist for any purpose whatsoever unless the construction and operation of the same have been approved by the state department of health, and the operation of such cross connection, auxiliary intake, bypass or interconnection is at all times under the direct supervision of the superintendent of the waterworks of the city.

(Code 1972, § 8-302; Code 1995, § 18-502; Ord. No. 972, 11-18-2008)

Any person whose premises are supplied with water from the public water supply, and who also has on the same premises a separate source of water supply, or stores water in an uncovered or insanitary storage reservoir from which the water stored therein is circulated through a piping system, shall file with the superintendent of the waterworks a statement of the nonexistence of unapproved or unauthorized cross connections, auxiliary intakes, bypasses, or interconnections. Such statement shall also contain an agreement that no cross connection, auxiliary intake, bypass, or interconnection will be permitted upon the premises until the construction and operation of the same have received the approval of the state department of health, and the operation and maintenance of the same have been placed under the direct supervision of the superintendent of the waterworks.

(Code 1972, § 8-303; Code 1995, § 18-503; Ord. No. 972, 11-18-2008)

Any person who now has cross connections, auxiliary intakes, bypasses or interconnections in violation of the provisions of this chapter shall be allowed a reasonable time within which to comply with such provisions. After a thorough investigation of existing conditions and an appraisal of the time required to complete the work, the amount of time to be allowed shall be designated by the superintendent of the waterworks. In addition to, or in lieu of any fines and civil penalties that may be judicially assessed for violations of this chapter, the superintendent of the waterworks shall discontinue the public water supply service at any premises upon which there is found to be a cross connection, auxiliary intake, bypass, or interconnection, and service shall not be restored until such cross connection, auxiliary intake, bypass, or interconnection has been discontinued.

(Code 1972, § 8-304; Code 1995, § 18-504; Ord. No. 972, 11-18-2008)