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§ 31.345 PROTECTION FROM ACCIDENTAL AND SLUG DISCHARGES
   (A)   (1)   Each significant user shall provide protection from accidental and/or slug discharges of prohibited materials or other substances regulated by this chapter which adversely affects the POTW. Facilities to prevent accidental and/or slug discharges of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Once every two (2) years, the superintendent will determine whether each industrial user needs to develop or update a plan to control slug discharges. If the superintendent determines that a slug control plan or revision is necessary the plan shall contain the following:
         (a)   Description of discharge practices
         (b)   Description of stored chemicals
         (c)   Procedures for notifying POTW
         (d)   Prevention procedures for spills
      (2)   In the case of all possible or actual accidental and/or slug discharges, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
   (B)   Within five (5) days following an accidental discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. This notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, 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 division, the Enforcement Response Plan or other applicable law.
   (C)   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 insure that all employees who may cause or suffer such a dangerous discharge to occur are advise of the emergency notification procedure.
(Ord. No. 17-91, 6-25-91)
§ 31.346 STATE REQUIREMENTS
   State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.
(Ord. No. 17-91, 6-25-91)
§ 31.347 CITY'S RIGHT OF REVISION
   The city reserves the right at the recommendation of the superintendent to establish by majority vote of its council, more stringent limitations, or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in this chapter.
(Ord. No. 17-91, 6-25-91)
§ 31.348 FEDERAL CATEGORICAL PRETREATMENT STANDARDS
   Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter.
(Ord. No. 17-91, 6-25-91)
Division 6. Pretreatment Program Administration
§ 31.360 WASTEWATER DISCHARGES
   It shall be unlawful to discharge to the POTW any wastewater except as authorized by the city in accordance with the provisions of this chapter. Any agency, nondomestic user, and/or industry outside the jurisdiction of the city that desires to contribute wastewater to the POTW must execute (through an authorized representative) an interjurisdictional agreement, whereby the agency and/or industry agrees to be regulated by all provisions of this chapter and state and federal regulations. An industrial user permit may then be issued by the superintendent in accordance with § 31.361.
(Ord. No. 17-91, 6-25-91)
§ 31.361 INDUSTRIAL USER PERMITS
   (A)   General. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain an industrial user permit before connecting to or contributing to the POTW. The Operations Manager may require users to obtain an industrial user permit as necessary to carry out the purposes of this chapter. Any violation of the terms and conditions of a industrial user permit shall be deemed a violation of this chapter and subjects the permittee to the sanctions set out in Articles IX and X of this chapter.
   (B)   Permit Application. Users required to obtain an industrial user permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a permit fee. New users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. Existing permit holders shall apply no later than sixty (60) days prior to expiration of permit. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
      (1)   Name, address, and location if different from the address;
      (2)   SIC number(s) according to the Standard Industrial Classification Manual, United States Bureau of the Budget, 1972, as amended;
      (3)   Wastewater constituents and characteristics as determined by an analytical laboratory acceptable to the city; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
      (4)   Time and duration of contribution;
      (5)   Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variation if any;
      (6)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
      (7)   Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged;
      (8)   Where known, the nature and concentration of any pollutants in the discharge which are limited by the city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable pretreatment standards;
      (9)   If additional pretreatment will be required to meet the pretreatment standards, 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. The following conditions shall apply to this schedule:
         (a)   The schedule must be acceptable to the city.
         (b)   The schedule shall contain increments of progress 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.
         (c)   Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress and the reason for delay, and the steps being taken by the user to return the construction to the schedule established.
      (10)   Each product produced by type, amount, process or processes, and the rate of production;
      (11)   Type and amount of raw materials processed (average and maximum per day);
      (12)   Number of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
      (13)   Any other information as may be deemed by the city to be necessary to evaluate the permit application.
      (14)   A copy of the industry's written environmental control program, comparable document, or policy.
   (C)   Issuance.
      (1)   The city shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Operations Manager or his or her designee may issue and industrial user permit subject to terms and conditions provided herein.
      (2)   The Operations Manager shall provide notice to each significant industrial user of the issuance of the user's industrial user permit. Any person, including the user, may petition the Operations Manager to reconsider the terms of a permit within fifteen (15) days of notice of its issuance.
         (a)   Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
         (b)   In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the permit.
         (c)   The effectiveness of the permit shall not be stayed during the appeal.
         (d)   The Operations Manager may forward the appeal to the Utility Director. If the Utility Director fails to act within thirty (30) days of receipt of the appeal, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions for purposes of judicial review.
         (e)   Aggrieved parties seeking judicial review of the final administrative action and/or the permit must do so by filing a complaint with the Madison County Circuit Court in accordance with the appropriate procedures of that court and any statute of limitations.
(Ord. No. 17-91, 6-25-91; Am. Ord. No. 01-13, § 4, 2-5-13)
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