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(A) Each industrial user shall provide protection from accidental or slug discharges to the sewerage system of the prohibited or regulated wastes identified in this chapter, as well as any other substance or material that would cause interference or pass through of the POTW treatment plant. Facilities to prevent accidental discharges may include walls or dikes, separate storage, removal of drain lines from locations where significant quantities of harmful materials can enter sewerage systems, or other appropriate control procedures. The plan shall be reviewed once during the term of the significant industrial user’s administrative orders to control the user’s discharge to the sanitary sewer or within one year of being identified as a significant industrial user.
(B) Where such protection facilities are determined to be inadequate to control or eliminate accidental or slug discharges, the authority may require submission of spill prevention and control plans, and the installation of additional control facilities by the user. Plans shall be submitted to the Superintendent of Utilities for approval prior to construction or implementation. Review and approval of such plans or procedures shall not relieve the user of responsibility for preventing the discharge of unacceptable materials to the sewerage system.
(C) Any significant industrial user that wishes to make significant changes to the user’s operations or pretreatment system which might alter the nature, quality of volume of its wastewater must notify the Superintendent of Utilities at least 30 days prior to the change.
(Prior Code, § 1054.20) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
(A) All industrial users shall notify the POTW treatment plant immediately upon the first awareness of all discharges that could cause problems to the POTW, including any slug loadings or spills that may enter the sewerage system. The notification shall include the name of the caller, location of the discharge point, date and time of discharge, identification of pollutant, including concentration and volume, and corrective actions taken. Notification of accidental releases in compliance with this section does not relieve the user of other reporting requirements under local, state or federal laws, or of liability for any consequential expense, loss or damage to the POTW treatment system, or for any fines and/or penalties imposed on the user which result from violative discharges.
(B) Within five days following an accidental discharge, the user shall submit to the Superintendent of Utilities a detailed written report specifying:
(1) Description and cause of the slug load or accidental discharge, including identification of pollutant, concentration and volume of discharge;
(2) Duration of event, including dates and times, and if non-compliance is continuing, the time by which compliance is reasonably expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate and/or prevent recurrence of the discharge or other conditions of non-compliance.
(Prior Code, § 1054.21) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
When discharge of wastes by any industrial user causes an obstruction, damage or any other impairment to any part of the sewerage system, a charge shall be levied by the Superintendent of Utilities against such user for the cost of the work required to clear and/or repair the part of the system affected by such discharge. The Superintendent shall add such charge to the user’s usual service charges, surcharges or fees.
(Prior Code, § 1054.22) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
(A) Notification of bypass.
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the authority, if possible, at least ten days before the date of the bypass.
(2) A user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the authority within 24 hours after the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the bypass. The authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(B) Prohibited bypasses. The authority may take enforcement action against an industrial user for a bypass, unless:
(1) The bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(3) The user submitted notices as required under division (A)(2) above.
(Prior Code, § 1054.23) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
(A) Any categorical or non-categorical industrial user which experiences an upset in pretreatment facility operations which places the user in a temporary state of non-compliance with applicable pretreatment standards shall inform the authority thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the user with the Superintendent of Utilities within five days. The report shall specify the following:
(1) A description of the upset, the cause thereof and the upsets impact on the user’s compliance status;
(2) The duration of non-compliance, including exact dates and times of non-compliance and, if the non-compliance continues, the time by which compliance is reasonably expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non-compliance.
(B) A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Superintendent against a user for any non-compliance with pretreatment standards which arises out of violation alleged to have occurred during the period of the upset. A user who wishes to establish the affirmative defense shall demonstrate through properly signed, contemporaneous operating logs or other relevant evidence, that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(3) The user had submitted to the control authority the information required in division (A) above. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(C) The industrial user shall control production on all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies where, among other things, the preliminary source of power of the treatment facility is reduced or fails.
(Prior Code, § 1054.24) (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)
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