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(A) In the case of any discharge including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 51.020), it is the responsibility of the industrial user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user. CIU's and NCSIU's are required to report on changes that might impact the potential of a slug discharge per 40 C.F.R. Part 403.12(f).
(B) Within five days following such discharge, the industrial user shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this chapter.
(C) Failure to notify the city of potential problem discharges shall be deemed a separate violation of this code.
(D) (1) A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (A) above.
(2) Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.
(1960 Code, § 38-14-48) (Ord. 5677, passed 12-16-1996; Am. Ord. 8173-2018, passed 2-21-2018)
All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the Director may require.
(1960 Code, § 38-14-49) (Ord. 5677, passed 12-16-1996; Am. Ord. 8173-2018, passed 2-21-2018)
(A) If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation.
(B) The industrial user is not required to resample if the POTW performs monitoring at the industrial user's at least once a month, or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling.
(C) If the POTW has performed the sampling and analysis in lieu of the IU the POTW must perform the repeat sampling and analysis unless it notifies the IU of the violation and requires the user to perform the repeat analysis per 40 C.F.R. Part 430.12(g)(2).
(1960 Code, § 38-14-50) (Ord. 5677, passed 12-16-1996; Am. Ord. 8173-2018, passed 2-21-2018)
(A) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user; an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during the calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division (A) need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under § 51.104. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of §§ 51.100, 51.102 and 51.103.
(B) Dischargers are exempt from the requirements of division (A) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-lime notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(C) In the case of any new regulations under § 3001 of the Resource Conservation and Recovery Act (RCRA), being 42 U.S.C. §§ 6901 et seq. identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(D) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(1960 Code, § 38-14-51) (Ord. 5677, passed 12-16-1996; Am. Ord. 8173-2018, passed 2-21-2018)
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 C.F.R. part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, where the administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the Administrator. Sampling and analyses must be performed in accordance with procedures approved by the EPA.
(1960 Code, § 38-14-52) (Ord. 5677, passed 12-16-1996; Am. Ord. 8173-2018, passed 2-21-2018)
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