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(A) The city shall require significant users to provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage system. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in a public right-of-way. The superintendent shall review and approve the location, plans, and specifications for the monitoring facilities and may require them to be constructed to provide for the separate monitoring and sampling of industrial waste and sanitary sewage flows. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility shall be designed and maintained at all times in a proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specification. Construction shall be completed within ninety (90) days following approval of the location, plans and specifications.
(B) All sampling analyses done in accordance with approved federal EPA procedures by the industrial user during a reporting period shall be submitted to the superintendent regardless of whether or not that analysis was required by the industrial user's discharge permit.
(C) The industrial user must receive the approval of the superintendent before changing the sampling point and/or monitoring facilities to be used in all required sampling.
(Ord. No. 17-91, 6-25-91)
(A) The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, copying records, records examination or in the performance of any of their duties.
(B) The city, approval authority, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(Ord. No. 17-91, 6-25-91)
All significant industrial users shall provide necessary wastewater treatment as required to comply with this chapter and achieve compliance with any applicable federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. The city may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any industrial user that cannot meet discharge limits required by this chapter. Any facilities required to pretreat wastewater to a level required by this chapter shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent that complies with the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
(Ord. No. 17-91, 6-25-91)
(A) The city shall annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of significant users which were in significant non-compliance with any pretreatment requirements or standards. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months.
(B) All records relating to the city's pretreatment program shall be made available to officials of the EPA or approval authority upon request. All records shall be maintained for a minimum of three (3) years in accordance with 40 CFR 403.12(0)(2).
(Ord. No. 17-91, 6-25-91; Am. Ord. No. 01-13, § 9, 2-5-13)
A user is defined as being in significant non-compliance when it commits one or more of the following conditions:
(A) Causes imminent endangerment to human health or the environment or results in the exercise of emergency authority under 40 CFR 403 to halt or prevent such a discharge;
(B) Involves failure to report noncompliance accurately;
(C) Results in a chronic violation defined here as sixty-six percent (66%) or more of all measurements taken during a six (6) month period that exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
(D) Results in a technical review criteria (TRC) violation defined here as thirty-three percent (33%) or more of all measurements for each pollutant parameter taken during a six (6) month period that equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, and O&G and 1.2 for all other pollutants except pH).
(E) Any violation of a pretreatment effluent limit that the control authority determines has caused, alone or in combination with other discharges, interference or pass through or has endangered the health of the POTW personnel or the public.
(F) Any discharge causing imminent endangerment to human health/welfare or to the environment or resulting in the POTW's use of its emergency authority to halt or prevent such a discharge.
(G) Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction or attaining final compliance by ninety (90) days or more after the scheduled date.
(H) Failure to provide required reports within thirty (30) days of the due date.
(I) Any violation or group of violations, which may include a violation of best management practices, which the Operations Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. No. 17-91, 6-25-91; Am. Ord. No. 01-13, § 10, 2-5-13)
(A) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests in writing and is able to demonstrate to the satisfaction of the city that the release of this information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
(B) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the agencies for uses related to this chapter, the NPDES/KPDES permit, sludge disposal system permit and/or the pretreatment programs upon request. Such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. No. 17-91, 6-25-91)
All applications, reports or information submitted to the city shall be signed and certified in accordance with the following requirements. Written designation of the signatory official must be received by the Utility Director prior to acceptance of any application or other required document.
(A) All permit applications shall be signed:
(1) For a corporation: by a principal executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;
(B) All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specifies either an individual or a position having facility or activity, such as the position of plant manager, superintendent or position of equivalent responsibility.
(C) Certification.
(1) Any person signing a document under this section shall make the following written certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(2) A facility determined to be a non-significant categorical industrial user by the Operations Manager pursuant to § 31.301 must annually submit the following certification statement signed in accordance with the signatory requirements in this section. This certification must accompany any alternative report required by the Operations Manager:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [Part], I certify that, to the best of my knowledge and belief that during the period from [month/day] , [year] to [month/day], [year]:
(a) The facility described as [Facility Name] met the definition of a non-significant categorical industrial user as described in § 31.301.
(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
(Ord. No. 17-91, 6-25-91; Am. Ord. No. 01-13, § 11, 2-5-13)
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