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Berea, KY Code of Ordinances
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§ 31.371 INSPECTION AND SAMPLING
   (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)
§ 31.372 PRETREATMENT
   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)
§ 31.373 ANNUAL PUBLICATION
   (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)
§ 31.374 SIGNIFICANT NON-COMPLIANCE
   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)
§ 31.375 CONFIDENTIAL INFORMATION
   (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)
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