23-3.06   Control of Prohibited Wastes.
   a.   Regulatory Actions. If wastewaters containing any substances described in Section 23-3.05 or 23-3.07 are discharged or proposed to be discharged into the wastewater system of BGMU or to any wastewater system tributary thereto, the General Manager may take any action necessary to:
      1.   Prohibit the discharge of such wastewater.
      2.   Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this Section.
      3.   Require pretreatment, including storage, facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate this Section.
      4.   Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred by BGMU for handling and treating excess loads imposed on the wastewater system.
      5.   Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this Subchapter.
   b.   Compliance Schedule. Where pretreatment is required to meet the requirements of this Subchapter, the Significant Industrial User shall submit the shortest schedule by which such additional pretreatment will be provided. The completion date in this schedule shall not be later than the compliance date established by the U.S. Environmental Protection Agency (EPA) for the applicable Pretreatment Standard or applicable National Categorical Pretreatment Standard.
   c.   Submission of Plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater system is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the General Manager for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the General Manager
   d.   Pretreatment Facilities Operations. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at their own cost and expense, subject to the requirements of this Subchapter and all other applicable codes, ordinances and laws. By-passing of pretreatment systems is prohibited as per 40 CFR 403.17.
   e.   Admission to Property. Whenever it shall be necessary for the purposes of this Subchapter, the General Manager, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:
      1.   Copying any records required to be kept under the provisions of this Chapter,
      2.   Inspecting any monitoring equipment or method, or any pretreatment facilities, and
      3.   Sampling any discharge of wastewater to the wastewater system. The General Manager may enter upon the property at any hour under emergency circumstances.
   f.   Protection from Accidental Discharge. Each Significant Industrial User shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Subchapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or operator’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the General Manager for review, and shall be approved before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the Significant Industrial User from the responsibility to modify the facility as necessary to meet the requirements of this Subchapter.
   g.   Reporting of Possible or Actual Accidental or Intentional Discharge. If for any reason a facility sustains or suspects it may have sustained an accidental or intentional sludge discharge of prohibited materials or other wastes regulated by this Section, the facility responsible for such discharge shall cease or contain such discharge immediately, and immediately notify the General Manager so that corrective action may be taken to protect the wastewater system. In addition, a written report addressed to the General Manager detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge, and corrective action taken to prevent future discharges shall be filed by the responsible facility within five (5) days of the occurrence of the noncomplying discharge.
(Ord. BG80-63, S27-125, 7/15/80; Ord. BG91-44, 9/3/91; Ord. BG2001-5, 2/20/2001; Ord. BG2013-32, 9/17/2013; Ord. BG2014-11, 6/3/2014; Ord. BG2017-22, 6/6/2017)