§ 27-156. Mobile waste hauler sewer user fee regulations.

(a)

Title. This section may be cited as the "Jefferson Parish Mobile Waste Hauler Sewer User Fee Law."

(b)

Definitions. [For the purposes of this section, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:]

Director shall mean the Director of the Jefferson Parish Department of Public Works or his duly authorized representative.

DEA shall mean the Jefferson Parish Department of Environmental Affairs.

Fats, oil or grease waste hauler shall mean any person who collects waste fats, oil or grease and settleable solids from cleaning grease control devices and transports that waste to an ultimate disposal site regardless of whether or not an intermediate transporting company is used. Intermediate transport companies which are not actually engaged in cleaning grease control devices but who do transport waste fats, oil or grease to disposal sites are also included in this definition.

FOG manifest system shall mean a system to document the removal and disposal of fats, oil, grease and accompanying wastewater and solids from grease control devices.

Grease control device shall mean a device for separating and retaining waterborne fats, oil or grease prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settlable solids. Grease control devices include equipment such as grease traps, grease interceptors, grease removal devices used with interceptors or other equipment approved by the director of code enforcement, the purpose of which is to retain, remove, or destroy fats, oil or grease and settleable solids prior to discharge to the sewerage system.

Grease trap inspection report (GTIR) shall mean an inspection report provided to the waste hauler by the department of environmental affairs and filled out by the fats, oil or grease waste hauler when cleaning a grease control device used by a food service operation.

Holding tank shall mean any tank used for temporary storage and onsite containment of sanitary wastewater.

Louisiana Pollutant Discharge Elimination System (LPDES) shall mean the state program for issuing, conditioning, and/or denying permits for the discharge of pollutants into the waters of the state pursuant to the Louisiana Environmental Quality Act (L.R.S. 30:1051 et seq., as amended).

Manifest system shall mean a system of documentation to track the waste from its source to its final disposal.

Mobile waste hauler shall mean any person who collects waste from residences, public buildings, commercial and business establishments, industries and any other sources; who transports the mentioned waste by road or rail; who discharges, is permitted to discharge, or intends to discharge to the Jefferson Parish Sanitary Sewerage System.

NPDES (National Pollutant Discharge Elimination System) shall mean the federal program for issuing, conditioning and/or denying permits for the discharge of pollutants from point sources pursuant to section 402 of the Clean Water Act.

Parish shall mean Parish of Jefferson, State of Louisiana.

POTW shall mean publicly owned treatment works.

Sanitary wastewater shall mean wastewater typical of residential areas, consisting of liquid wastes such as discharges from sinks, lavatories, water closets, bathtubs, nonindustrial washing machines and dishwashers and residential garbage grinders.

Septic tank shall mean any water tight tank designed and constructed to: (1) receive sanitary wastewater; (2) separate solids from wastewater; (3) store the separated solids; (4) provide limited biological degradation; and (5) allow the clarified liquid to be discharged for further treatment and disposal.

Septage shall mean a mixture of sludge, fatty materials, and wastewater removed during the pumping out of a septic tank or similar device.

(c)

Basic requirements.

(1)

Unlawful discharge. Except as in compliance with this ordinance, the discharge of any wastewater by mobile waste haulers shall be unlawful.

(2)

Sanitary waste discharges. Only sanitary wastewater and septage from septic tanks receiving strictly sanitary wastewater shall be accepted into the sanitary sewerage system from mobile waste haulers. Discharge of such wastes shall be permitted only at the designated discharge points under the supervision of an authorized person to be designated by the director.

(3)

Industrial waste discharges. Industrial wastewater and mixture of industrial and sanitary wastes shall not be accepted into the sanitary sewerage system from mobile waste haulers. Any amount of industrial wastewater discharged to a holding tank, septic tank, chemical toilet or other such system shall be considered a mixture of industrial and sanitary waste. Discharge of toxic and hazardous materials shall be expressly prohibited.

(4)

Permits required. No discharge of waste shall be made by mobile waste haulers except pursuant to, and in compliance with, a permit issued therefor by the director pursuant to section 27-153(e) of this section.

(5)

Specific provisions for oil and grease haulers.

a.

No fats, oil or grease waste hauler may remove fats, oil, grease and/or accompanying solids and wastewater from any source in the parish without obtaining a fats, oil, or grease waste hauler permit. An annual permit fee, not to exceed twenty-five dollars ($25.00) each, will be assessed for each vehicle to be engaged in grease trap cleaning and/or in the transportation of waste fats, oil, grease and/or accompanying solids and wastewater to ultimate disposal;

b.

All fats, oil or grease waste haulers having such a permit shall comply with the FOG manifest system as provided for in their permit. All fats, oil or grease waste haulers shall dispose of waste fats, oil, grease, and/or accompanying solids and wastewater at facilities permitted to receive such waste by a federal, state, or local agency;

c.

All fats, oil and grease waste haulers shall complete a grease trap inspection report at the time of cleaning a grease control device;

d.

Failure to comply with the provisions of this section, with the discharge permit, or failure to submit the required manifests and grease interceptor inspection reports shall result in suspension or forfeiture of the fats, oil, or grease waste hauler permit, or a fine not to exceed one thousand dollars ($1,000.00) or thirty (30) days of imprisonment or both, each day of occurrence counted as a separate offense.

(d)

Prohibitions and limitations on discharges into the sanitary sewerage system.

(1)

Policy statement.

a.

The sanitary sewerage system exists to provide for the collection of polluted wastewater from public and private property and its treatment through normal sewage treatment practices. It is in the public interest that reasonable rules and regulations be applied to discharges into the sanitary sewerage system to prevent the system from being unnecessarily or excessively burdened, and to insure that effluent from the sanitary sewerage system will comply with all applicable federal and state environmental laws and regulations;

b.

Proper operation of the sanitary sewerage system requires, among other things, the prohibition of any discharge components which would not be compatible with, or which would be harmful to, or would interfere with the system. Proper operation of the system also requires that the system not be burdened with stormwater and similar wastewater which should be discharged into the storm drainage system. Safe operation of the system also requires that discharges of toxic substances and other harmful materials into the system be prohibited.

(2)

General prohibitions and limitations. No person shall cause or permit any discharge into the sanitary sewerage system containing any pollutant or other material of such character or quality that will:

a.

Not be susceptible to or compatible with treatment by the system, or interfere with or damage the system or its efficient operation thereof;

b.

Constitute a hazard to human life, or to the stream or water course receiving the effluent;

c.

Violate any effluent limitation as defined herein;

d.

Cause the system to violate any applicable NPDES or LWDPS permit or any applicable water quality standard;

e.

Violate any of the specific prohibitions or limitations established by section 27-153(d)(3);

f.

Cause pass through at the POTW.

(3)

Specific prohibitions and limitations. No person shall cause or permit any discharge into the sanitary sewerage system which, at the point of discharge to the system, contains any of the following:

a.

Wastewater. Any wastewater generated outside of Jefferson Parish is temporarily allowed.

b.

Unpolluted water. Any unpolluted water including but not limited to stormwater, surface water, ground water, roof runoff, subsurface drainage, or non-chemically treated cooling water. These waters shall be discharged into the storm drainage system, as they would constitute an unnecessary burden upon the sanitary sewerage system.

c.

Oils, grease and wax.

1.

Edible fats, oil or grease, wax at a concentration of more than one hundred seventy-five (175) mg/l, whether emulsified or not.

2.

Any oil and grease, whether emulsified or not, which will or may:

i.

Deposit oil, grease, or wax in the sewer lines in such manner as to clog the sewers or impede the flow;

ii.

Overload the sewage treatment plant skimming and grease handling equipment;

iii.

Not be amenable to biological oxidation and may therefore pass to the receiving stream without being affected by the normal sewage treatment process;

iv.

Have any other deleterious effect on the sewage treatment process due to excessive quantities or concentrations.

3.

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin are strictly prohibited.

d.

Explosive mixtures. Liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to create a fire or explosion hazard in the POTW, including but not limited to wastestreams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Centigrade using the test methods specified in 40 CFR 261.21. At no time shall two (2) successive readings on a U.S. Bureau of Mines approved explosion hazard meter, at the point of discharge into the sewer system, be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit of the meter.

e.

Improperly shredded garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than one-fourth (¼) inch in any dimension.

f.

Radioactive wastes. Radioactive wastes or isotopes of such half-life or concentrations that they do not comply with regulations or orders issued by the appropriate authority having control over their use or which exceed the standards of the Louisiana Department of Environmental Quality, Nuclear Energy Division, or which will or may cause damage or hazards to the system, to personnel operating the system, or to receiving waters or the animal life therein.

g.

Solid or viscous wastes. Solid or viscous pollutants or any other substance which obstructs the flow in a sewer, or otherwise interferes with the proper operation of the sanitary sewerage system.

h.

Toxic substances. Pollutants which result in the presence of toxic gases, vapors, or fumes in the POTW in a quantity that may cause acute worker health and safety problems. Any toxic and/or poisonous substance in sufficient quantity to interfere with the efficiency of the sewage treatment process.

i.

Incompatible or corrosive wastes.

1.

Any incompatible pollutants or any substance which may cause corrosion or deterioration of the treatment system but in no case having a pH lower than five (5.0).

2.

Substances in such concentrations as to adversely affect the effluent of the system such that the effluent fails to meet the requirements of applicable federal and state laws and regulations or the requirements of any applicable NPDES and/or LWDPS permit.

j.

pH. A pH of less than five (5.0) or greater than ten (10.0).

k.

Temperature. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW exceeds one hundred four (104) degrees Fahrenheit (forty (40) degrees centigrade).

l.

Heavy metals. Any of the following elements at concentrations greater than those indicated opposite the element:

Element	mg/l
Arsenic	0.7
Beryllium	90.0
Cadmium	8.0
Chromium	9.5
Copper	8.5
Lead	1.4
Mercury	0.7
Nickel	8.0
Selenium	370.0
Silver	2.0
Zinc	1.0

 

(4)

Any other agent, material, element, or thing, which either alone, or by combination or interaction with other substances, will be harmful to the system, or to human, animal or aquatic life or to the receiving waters.

(e)

Permits.

(1)

Permits required. All mobile waste haulers shall be required to obtain a Jefferson Parish Wastewater Discharge Permit for discharging into the Jefferson Parish Sanitary Sewerage System.

(2)

Permit application.

a.

A mobile waste hauler seeking a wastewater discharge permit shall complete and file with the director an application in the form prescribed by the director. In support of this application, the discharger shall be required to submit the following information:

1.

Name, address, and telephone number of applicant;

2.

Identification of vehicles to be permitted including year, make/model, capacity, and license plate number;

3.

Identification of operators including name and driver's license number;

4.

Identification of waste sources. This shall include the listing of the applicant's regular, nonresidential customers, addresses, SIC numbers, and approximate quantities removed per year;

5.

Volume of wastewater to be discharged;

6.

Identification of present method of disposal;

7.

Any other information as may be deemed by the director to be necessary to evaluate the permit application.

b.

The director will evaluate the data furnished by the discharger and may require additional information. After evaluation and acceptance of the data furnished, the director may issue a wastewater discharge permit subject to the terms and conditions provided herein.

c.

After receiving the wastewater discharge permit, the mobile waste hauler must obtain a sewage hauling permit from the Louisiana Department of Health and Hospitals (LDHH) and must be in compliance with all of the requirements of Chapter 13 of the state sanitary code. The discharge shall not commence until the permittee has obtained said LDHH permit or has an application for said LDHH permit on file with LDHH and DEA.

(3)

Permit conditions.

a.

Wastewater discharge permits issued in accordance with this section shall remain valid for period not to exceed two (2) years.

b.

Wastewater discharge permits shall be expressly subject to all provisions of this section and all other regulations established by the parish.

(4)

Transfer of a permit. Wastewater discharge permits are issued to a specific discharger for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, or a new or changed operation.

(5)

Revocation of a permit. Any user who violates the conditions of this permit or of this section, or of applicable state and federal regulations, is subject to having his permit revoked.

(6)

Violation of permit. Violation of a permit issued pursuant to this section shall be deemed a violation of this section.

(f)

Manifest system.

(1)

The director shall implement a manifest system for all the sanitary wastewater and septage brought to the Jefferson Parish Sanitary Sewerage System by mobile waste haulers. The manifest must identify the waste generators and the origin of waste and ensure that only permitted wastes from permitted sources are discharged into the sanitary sewerage system.

(2)

The permittee must record on the manifest form, supplied by the parish, every load that is collected and delivered to the sewerage system. No discharge shall be accepted without a properly completed manifest form.

(3)

Manifest forms may be purchased from the DEA. The fee covers the cost of printing. No other manifest forms will be accepted.

(g)

Monitoring and reporting.

(1)

Reports. The following types of reports shall be required to be submitted, depending on the volume, type of discharge, and compliance history.

a.

Mobile waste haulers are required to file sampling results on an industrial user self-monitoring report form supplied by the department. The director shall require each mobile waste hauler to monitor his discharge and report the results of said monitoring at specified intervals, no less than once every six (6) months;

b.

Compliance schedule progress reports;

c.

Notice of changed discharge;

d.

Profile sheets for chemical toilets.

(2)

Records. All mobile waste haulers who discharge, or propose to discharge, shall be required to maintain for a minimum of three (3) years, records of discharge volumes, any records of monitoring activities and results (whether or not such monitoring activities are required by this section), and sources of waste as are necessary to demonstrate compliance with the requirements of this section. Such records shall be made available upon request by the director.

(3)

Frequency of monitoring. The director shall require each mobile waste hauler to monitor his discharge no less than once every six (6) months and report the results of said monitoring at specified intervals.

(4)

Parameters to be monitored. The director shall provide to each mobile waste hauler a complete list of wastewater constituents for which said hauler must provide monitoring. The director shall provide to said hauler information regarding discharge prohibitions and limitations for parameters to be self-monitored.

(5)

Inspection, sampling and analysis.

a.

Compliance determination. Compliance determinations with respect to section 27-153(d) prohibitions and limitations will be made on the basis of instantaneous grab samples collected from the truck at the time of discharge. All sampling and analysis shall be done in accordance with the methods described in 40 CFR 136 and the most recent edition of "Standard Methods For the Examination of Water and Wastewater."

b.

Analysis. Laboratory analysis of wastewater samples shall be performed in accordance with the procedures described in 40 CFR 136.

(6)

Notification of changed discharge. All mobile waste haulers shall notify the director in writing of any changes in their nonresidential customer list. Failure to notify may result in permit suspension or revocation.

(7)

Record-keeping requirements.

a.

All mobile waste haulers subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities (whether or not such monitoring activities are required by this section). Such records shall include for all samples:

1.

The date, exact place, method, and time of sampling and the name of the person or persons taking the samples;

2.

The dates analyses were performed;

3.

Who performed the analyses;

4.

The analytical techniques/methods used;

5.

The results of such analyses.

b.

All mobile waste haulers subject to the reporting requirements established in this section shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the director. This period of retention shall be extended during the course of any unresolved litigation regarding the mobile waste hauler or POTW or when requested by the director.

(h)

Fees. The mobile waste haulers shall be assessed the following rates for discharging wastewater into the Jefferson Parish Sanitary Sewerage System. The following rates are established to enable the parish to recover the costs associated with receiving and treating the wastes from mobile waste haulers.

(1)

Low solids domestic wastewater rate is applicable to wastes brought in from holding tanks, and other tanks "used primarily for storing the sanitary wastewater." Holding tanks emptied at least once/month, excluding portable chemical toilets, are considered to be "used primarily for storing the sanitary wastewater" for the purpose of this section. Rate: Five cents ($0.05) per gallon.

(2)

High solids domestic wastewater rate is applicable to wastes brought in from septic tanks and other tanks "used for treating the sanitary wastewater." These tanks, if functioning properly, generally require emptying at frequencies much less than once per month. Wastewater from portable chemical toilets, regardless of how often they are emptied, is included in this category due to its high solids content. Rate: Twenty cents ($0.20) per gallon.

(3)

Assessment of charges shall be based on total volume of the truck.

(4)

Mixed loads of high solids domestic wastewater and low solids domestic wastewater will not be accepted. Each truckload must contain only one (1) type of waste.

(5)

The parish shall review these rates from time to time and revise the rates, if necessary, to recover the costs associated with receiving and treating the wastes from mobile waste haulers.

(i)

Control of prohibited wastes; powers and duties of director.

(1)

Regulatory actions. If wastewater is discharged, or proposed to be discharged, in violation of this section, the director and/or the parish attorney may take such action necessary to:

a.

Prohibit the discharge;

b.

Require the person making, causing or allowing the discharge to pay any additional cost or expense or damages incurred by the parish for handling and treating excess loads imposed on the sanitary sewerage system;

c.

Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this section.

(j)

Enforcement.

(1)

Compliance order.

a.

Whenever, on the basis of any information available to him, the director finds that any person is, or is about to be, in violation of this section, or of any condition of a permit issued under this section, he may issue a compliance order in accordance with this subsection, or he may bring a civil action in accordance with this subsection (1). He may also suspend or revoke the wastewater discharge permit.

b.

Any compliance order issued under this subsection shall be sent by certified mail, addressed to the principal place of business in Jefferson Parish, state with reasonable specificity the nature of the violation, and specify a time for compliance, which the director determines is reasonable taking into account the seriousness of the violation, and any good faith efforts to comply with applicable requirements. The order shall also provide an opportunity for the person to whom it is directed to confer with the director concerning the alleged violation.

(2)

Civil action. The director and/or parish attorney is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which the director is authorized to issue a compliance order under subsection (1).

(3)

Suspension or revocation of permit. The director may take action to suspend or revoke a wastewater discharge permit to any person for any violation for which he is authorized to issue a compliance order under subsection (1). The procedures for permit suspension or revocation shall be as follows:

a.

Prior to the suspension or revocation of a permit, the director shall notify the holder of the permit in writing. Said notice shall advise that the parish will consider the suspension or revocation of the permit. Said notice shall state the date of proposed suspension or revocation, the reason therefor, and the time, date and place that the director shall hold a hearing upon said proposed suspension or revocation. Such hearing shall not be less than ten (10) days subsequent to the receipt of notice. Said notice shall be mailed to the owner at the address shown on the permit application or as known to the department. The parish may (but shall not be required to) give such further additional notice as in the discretion of the director or parish attorney is convenient or desirable. Upon conclusion of the hearing, the director shall determine whether grounds exist for suspension or revocation. If such grounds are found to exist, the permit shall forthwith be suspended or revoked. A copy of said decision shall be sent by certified mail to the owner at the address shown on the permit or as known to the director. The service of said copy of the decision shall not be condition precedent or subsequent to suspension or revocation.

(4)

Reinstatement of the permit. Any person whose permit has been suspended or revoked may petition the director for reinstatement of the permit.

a.

Said petition shall be verified under the oath or declaration under penalty of perjury of the person petitioning. The petition shall contain a detailed statement of the corrective action taken by the petitioner or others to remove the grounds for suspension or revocation and of the corrective measures to prevent a repetition of the violation. The petition shall contain the name and address of the petitioner for purposes of receiving notice.

b.

Said petition shall be filed with the director. Said petition shall be heard within thirty-five (35) days of the date of receipt by the director. A written notice of time, date and place of hearing shall be given to the petitioner at least ten (10) days before the hearing in writing by certified mail to the petitioner at the address shown on the petition. The petitioner may waive said notice in writing. At the hearing the director shall consider evidence presented by the petitioner in support of his petition and evidence in opposition. The director may restore the permit if he finds that the grounds for suspension or revocation have been corrected, and that there is adequate assurance of corrective measures to prevent a repetition of the offense for which the permit was suspended or revoked or for any other reason deemed appropriate.

c.

The director may, as a condition to the restoration of the permit:

1.

Require the petitioner to provide reasonable safeguards and security to avoid a repetition of the offenses for which the permit was suspended or revoked;

2.

Impose reasonable charges to compensate the parish for expenses incurred in connection with the suspension or revocation and in connection with the reinstatement of the permit;

3.

Make such other reasonable conditions as are necessary to protect public health, safety, and property, and to prevent a nuisance;

4.

Take such other action as may be necessary and proper.

(5)

Violations.

a.

Any person who willfully or negligently violates this section or any condition of a permit issued under this section, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than thirty (30) days or both.

b.

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this section or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this section, shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than thirty (30) days or both.

c.

Any person who violates any compliance order issued by the director under subsection (1) shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than thirty (30) days or both.

d.

These penalties are in addition to the other penalties provided by this section and said penalties do not exclude or supersede the penalties provided by state and federal law.

(Ord. No. 18945, §§ 1—10, 12-15-93; Ord. No. 20921, §§ 11—13, 3-15-00; Ord. No. 21559, 4-24-02; Ord. No. 22659, § 1, 12-14-05)