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The WWTP Superintendent is empowered, either directly, through authorized representatives, or in conjunction with the local unit, to take the following actions:
(A) Supervise the implementation of this chapter.
(B) Review plans submitted by users for pretreatment equipment.
(C) Make inspections and tests of existing and newly installed, constructed, reconstructed, or altered sampling, metering, or pretreatment equipment to determine compliance with the provisions of this chapter.
(D) Verify the completeness, accuracy and representativeness of self-monitoring data submitted and/or maintained by users.
(E) Investigate complaints of violations of this chapter, make inspections and observations of discharges, and maintain a record of the investigations, complaints, inspections and observations.
(F) Issue orders and notices of violation and take other actions as necessary to require compliance with this chapter.
(G) Assess civil administrative fines for violations of this chapter or of any permit, order, decision or determination promulgated, issued or made under this chapter.
(H) Develop and implement a Control Authority Enforcement Response (CAER) Plan as required by 40 C.F.R. § 403.8(f)(5). The CAER Plan shall provide procedures for the POTW to investigate and respond to instances of noncompliance by industrial users. The CAER Plan and any associated regulations developed by the WWTP Superintendent shall become effective upon approval by the Director.
(I) With the approval of the Director and notice to the local unit, and, as necessary, in conjunction with the POTW's legal counsel and/or the local unit and the local unit's legal counsel, institute necessary civil or criminal judicial legal actions and proceedings in a court of competent jurisdiction against all users violating this chapter to prosecute violations of this chapter, to compel the abatement or prevention of violations, to compel compliance with this chapter and any order, determination, permit or agreement issued or entered into under this chapter, and to pursue other necessary or advisable judicial relief or remedies with respect to violations of this chapter.
(J) Issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this chapter.
(K) Perform any other actions authorized by this chapter, or as necessary or advisable for the supervision, management and operation of the POTW and the enforcement of this chapter and other applicable laws and regulations (subject to the rights, powers and duties in respect thereto that are reserved by law to the other officials or governmental bodies).
(Ord. 185, passed 4- -2006)
OPERATION AND MAINTENANCE OF USER POLLUTION CONTROLS
Users shall provide necessary wastewater treatment as required to comply with all applicable pretreatment standards and requirements within the time limitations specified by applicable law or regulation. All facilities required to pretreat wastewater shall be provided, operated, and maintained at the user's sole expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the WWTP Superintendent for review, and shall be acceptable to the WWTP Superintendent before construction of the facility. The review of such plans and operating procedures does not in any way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the WWTP Superintendent under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the WWTP Superintendent prior to the user's initiation of the changes. (Users shall notify the WWTP Superintendent regarding the installation of new pretreatment facilities as provided by § 53.097 of this chapter.)
(Ord. 185, passed 4- -2006)
A user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the user to comply with the requirements of this chapter, as determined necessary by the WWTP Superintendent. Proper operation and maintenance includes, without limitation, effective performance, adequate funding, adequate operator staffing, and adequate quality assurance/quality control (QA/QC) procedures for sampling and analysis.
(Ord. 185, passed 4- -2006)
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with § 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act, and other applicable local, state, and federal laws and regulations.
(Ord. 185, passed 4- -2006)
Upon reduction of efficiency of operation, or loss, or failure of all or part of a user's pretreatment equipment or facility, the user shall, to the extent necessary to maintain compliance with categorical pretreatment standards and other applicable standards, requirements, and limits, control its production and all discharges until operation of the equipment or facility is restored or an alternative method of treatment is provided. This requirement applies in situations, including, without limitation, where the primary source of power for the pretreatment equipment or facility is reduced, lost, or fails. It shall not be a defense for a user in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this chapter.
(Ord. 185, passed 4- -2006)
A user shall take all reasonable steps to minimize or correct any adverse impact to the POTW or the environment resulting from noncompliance with this chapter, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.
(Ord. 185, passed 4- -2006)
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