8-7-6: REGULATIONS APPLICABLE TO ALL INDUSTRIAL USERS:

   (A)   General Provisions:

      1.   Applicability: These City of Burley Industrial Pretreatment Program Regulations, herein after "these regulations" set forth uniform requirements for all industrial users that discharge domestic and/or non-domestic wastewater into the publicly-owned treatment works (POTW) and enables the City of Burley to comply with all applicable State and Federal laws, including IDAPA 58, title 01, chapter 25, the Federal Clean Water Act (33 USC, section 1251 et seq.), and the General Pretreatment Regulations (40 CFR part 403) and the National Pollutant Discharge Elimination System (NPDES) permit issued by the U.S. Environmental Protections Agency or the Idaho Department of Environmental Quality. These regulations shall apply to all industrial users of the POTW.

      2.   Objectives: The objectives of these regulations are to:

a. Prevent the introduction of pollutants into the POTW which will interfere with its operation, including interference with its use of disposal of Municipal sludge;

b. Prevent the introduction of pollutants into the POTWs which will pass through the treatment works or otherwise be incompatible with the POTW;

c. Protect personnel who may be affected by wastewater and sludge in the course of their employment and to protect the health, safety and welfare of the general public;

d. Improve the opportunity to recycle and reclaim Municipal and industrial wastewater and sludge from the POTW;

e. Provide for fees, charges and assessments for the equitable distribution of the cost of operation of the City's Pretreatment Program; and

f. Enable the City to comply with its NPDES waste discharge permit conditions, Federal and State requirements applicable to sludge use and disposal, and any other Federal or State laws or regulations to which the POTW is subject.

      3.   Authority Of The City Manager: Except as otherwise provided, the City Manager shall administer, implement and enforce the provisions of these regulations. Any powers granted to or duties imposed upon the City Manager may be delegated by the City Manager to other City personnel.

      4.   Notification To Industrial Users: The City Manager shall notify in writing any industrial user whom the City has reason to believe is subject to a National Categorical Pretreatment Standard or Requirement, or other applicable requirements promulgated by the EPA under the provisions of section 204(b) or 405 of the Act, or under the provisions of sections 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of the City to so notify industrial users shall not relieve said industrial users from the responsibility of complying with applicable requirements. It is the responsibility of a significant industrial user to apply for and receive a permit prior to discharge, whether significant industrial user has been identified and formally requested to do so.

      5.   Discharge By Industrial Users: If wastewaters containing any pollutant, including excess flow, or as otherwise defined in these regulations, are discharged, have the potential to discharge in the opinion of the City Manager or proposed to be discharged to the POTW, the City Manager may take any action necessary to:

         a. Prohibit the discharge of such wastewater;

         b. Require an industrial user to demonstrate that in-plant facility modifications will reduce or eliminate the discharge of such substances in conformity with these regulations;

         c. Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the potential for a discharge to violate these regulations;

         d. Require the industrial user making, causing or allowing the discharge to pay any additional cost or expense incurred by the City for handling, treating, disposing or remediation costs because of wastes discharged to the wastewater treatment system;

         e. Require the industrial user to apply for and obtain a permit, including a zero-discharge permit or other control mechanism;

         f. Require timely and factual reports from the industrial user; or

         g. Take such other action as may be necessary to meet the objectives of these regulations.

   (B)   Definitions And Abbreviations:

      1.   Definitions: For the purposes of these regulations, the following terms, phrases, words and their derivations shall have the meanings provided in these regulations or as otherwise defined in this chapter and applicable Federal and State Statutes, rules, or regulations that apply to the activity being regulated. Words not otherwise defined, shall be given their common and ordinary meaning.

    ACT OR THE ACT: Is the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.

   APPROVAL AUTHORITY: Is the Director of the State of Idaho, Department of Environmental Quality.

   AUTHORIZED REPRESENTATIVE OR DULY AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER: Means:

         a. If the industrial user is a corporation:

            (1) The president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

            (2) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for reporting requirements established by the City; if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

         b. If the industrial user is a partnership or sole proprietorship: a general partner or proprietor, respectively;

         c. If the industrial user is a limited liability company: the managing member(s) of the limited liability company;

         d. If the industrial user is a Federal, State, or local governmental facility: a Director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or designee of such official;

         e. The individuals described in subsections a through d of this definition, may designate another duly authorized representative if the authorization is made in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

   BEST MANAGEMENT PRACTICES OR BMPs: Are schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subsection (C) of this section. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs shall be considered local limits and Pretreatment Standards for the purposes of these regulations and section 307(d) of the Act as specified at 40 CFR section 403.5(c)(4).

   CATEGORICAL INDUSTRIAL USER: Is an industrial user subject to a Categorical Pretreatment Standard.

   CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 USC section 1317), as amended, which apply to a specific category of industrial users and that appear in 40 CFR chapter I, subchapter N, parts 405 - 471.

   CITY: Means the City of Burley, Idaho, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho. The City Manager is designated by the City to supervise the implementation and enforcement of this chapter or their duly authorized representative.

   COMPOSITE SAMPLE: Is a representative flow-proportioned sample containing at least twelve (12) aliquots and collected within a twenty four (24) hour period or the industrial user's operating data as appropriate. The aliquots are combined according to flow. Time-proportional composite samples consisting of at least twelve (12) aliquots may be approved or used by the City where time-proportional samples are believed representative of the discharge.

   CONTRIBUTING JURISDICTION: Is a municipality other than the City that contributes wastewater to the POTW.

   COOLING WATER: Includes:

      a. Contact: Water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product or finished product.

      b. Noncontact: Water used for cooling purposes which does not come in contact with any raw material, intermediate product, waste product or finished product and the only pollutant added is heat.

   DAILY MAXIMUM DISCHARGE LIMIT: Means the maximum allowable discharge limit of a pollutant that may be discharged during a twenty four (24) hour period or as specified in the industrial wastewater discharge permit. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the sampling period. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken during that sampling period.

   DOMESTIC WASTEWATER: Means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments and other places, of similar volume or chemical make-up to that of a residential dwelling unit unless otherwise regulated at an industrial user by an applicable Categorical Pretreatment Standard.

   ENFORCEMENT RESPONSE PLAN OR ERP: Is a document that outlines the general framework for investigating and responding to industrial user violations of these regulations or any control mechanism issued by the City. The ERP is maintained on file in the Office of the Pretreatment Coordinator and Director of Wastewater Services and is available to the public.

   EXISTING SOURCE: Is a categorical industrial user that is not a new source.

   EXTRA JURISDICTIONAL USER: Is an industrial user located outside the City limits that contributes wastewater to the POTW.

   5 DAY BIOCHEMICAL OXYGEN DEMAND OR BOD5: Is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Celsius (20°C), expressed in milligrams per liter (mg/L) by weight, using methods approved under 40 CFR part 136.

   GRAB SAMPLE: Is a sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

   HAZARDOUS WASTE: Is any waste designated as hazardous under the provisions of 40 CFR part 261 and IDAPA 58.01.05.

   INDIRECT DISCHARGE: Is the discharge or introduction of pollutants into the POTW from any industrial user as defined in these regulations and all other industrial users regulated under section 307(b), (c) or (d) of the Act (33 USC 1317), including holding tank waste from a non-domestic user discharged into the POTW.

   INDUSTRIAL OR NON-DOMESTIC WASTE: Means a liquid or solid waste from industrial manufacturing processes, trade or business activities distinct from domestic wastewater.

   INDUSTRIAL USER: Is a source of indirect discharge or any other industrial or commercial facility or business that has a sewer connection to the POTW, whether or not the user discharges non-domestic wastewater.

   INDUSTRIAL WASTEWATER DISCHARGE PERMIT: Is a type of control mechanism issued by the City to an industrial user that allows, limits and/or prohibits the discharge of pollutants or flow to the POTW as set forth in these regulations.

   INSTANTANEOUS DISCHARGE LIMIT: Means the maximum or minimum concentration or measurement for a pollutant or pollutant property allowed to be discharged at any time as determined by use of a grab sample or direct measurement.

   INTERFERENCE: Means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

      a. Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and

      b. Therefore is a cause of a violation of the City's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act (SWDA), including title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

   LOCAL LIMIT: Is any regulation containing discharge limits developed by the City in accordance with 40 CFR section 403.5(c) and (d) which are Pretreatment Standards and are specified in subsection (C) of this section.

   NPDES PERMIT: Is a permit issued by the U.S. Environmental Protection Agency pursuant to section 402 of the Clean Water Act or the Idaho Department of Environmental Quality (IDAPA 58, title 01, chapter 25) that establishes special and general conditions for discharging treatment plant effluent into waters of the State by the City's POTW.

   NEW SOURCE: Is a categorical industrial user meeting the definition as set forth in 40 CFR section 403.3(m) and herein incorporated by reference.

   NORMAL DOMESTIC STRENGTH WASTEWATER: Means wastewater, when analyzed in accordance with procedures established in 40 CFR part 136, as amended, contains no more than two hundred fifty milligrams per liter (250 mg/L) of 5-day biochemical oxygen demand (BOD5) or two hundred fifty milligrams per liter (250 mg/L) of total suspended solids. Discharges to the POTW that exceed these concentrations may be surcharged for the concentrations above these levels.

   NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE OR NAICS CODE: Is the industrial classification scheme developed by the United States Office of Management and Budget used to classify business establishments for the collection, tabulation, presentation, and analysis of statistical data describing the U.S. economy. Also, see definition of Standard Industrial Classification Code.

   POTW TREATMENT PLANT: Is that portion of the POTW or any portion thereof designed to provide treatment of wastewater.

   PASS THROUGH: Means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of an NPDES permit issued to the City, including an increase in the magnitude or duration of a violation.

   PERSON: Means any individual, partnership, co-partnership, firm, company, association, joint stock company, trust, estate, society, corporation, group, government, governmental agency or other legal entity, or their legal representatives, agents or assigns. The definition includes all Federal, State and local government entities.

   pH: Is the intensity of acid or base condition of the solution expressed as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution and reported as standard units (SU).

   POLLUTANT: Means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive materials, heat, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS turbidity, color, BOD5, COD, toxicity or odor) discharged into or with water.

   PRETREATMENT: Is the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical process, biological process, or by other process or means, except as prohibited by 40 CFR section 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR section 403.6(e).

   PRETREATMENT REQUIREMENT: Is any substantive or procedural requirement related to pretreatment, other than a Pretreatment Standard, imposed on an industrial user.

   PRETREATMENT STANDARD: Is any regulation containing pollutant limitations promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to industrial users. The term includes prohibited discharge limits established pursuant to 40 CFR section 403.5 and those standards, BMPs, local limits and specific prohibitions established by the City. In cases of differing standards, the more stringent shall apply.

   PUBLICLY OWNED TREATMENT WORKS OR POTW: Is a treatment works as defined by section 212 of the Act (33 USC 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of Municipal sewage or industrial wastes of a liquid nature and any sewers, pipes or other conveyances which convey wastewater to the treatment plant. The term also means the Municipality having jurisdiction over the indirect discharges to and the discharges from the treatment works.

   SECTOR CONTROL PROGRAM: Is a program designed to control specific pollutants from industrial users with similar operations, waste generation or treatment through the implementation of Pretreatment Standards and Requirements, including Best Management Practices. The Sector Control Program requirements may be found in subsection (N) of this section.

   SEPTIC TANK WASTE: Is sewage and solids from domestic activities pumped from a septic tank serving one or more private residences, wastes from chemical toilets, campers, trailers, or cesspools. Specific regulations for hauled wastes are specified in subsection (N)4 of this section.

   SIGNIFICANT INDUSTRIAL USER OR SIU: Is:

      a. A categorical industrial user;

      b. An industrial user that:

         (1) Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding domestic, noncontact cooling and boiler blowdown wastewater); or

         (2) Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

         (3) Is designated as a SIU by the City on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation; or for violating any Pretreatment Standard or Requirement (in accordance with 40 CFR section 403.8(f)(6)).

      c. Upon finding that an industrial user meeting the criteria in subsection b of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement, the City may, at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

   SLUG LOAD OR SLUG DISCHARGE: Is any discharge of a non- routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions. This includes a discharge which exceeds the hydraulic or design of an industrial user's treatment system or any part of the treatment unit.

   STANDARD INDUSTRIAL CLASSIFICATION CODE OR SIC CODE: Is a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended. Also, see definition of North American Industry Classification System Code.

   STORMWATER: Means that portion of precipitation, including snowmelt, that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a stormwater drainage system into a receiving water or stormwater facility.

   TOTAL SUSPENDED SOLIDS OR TSS: Means the solids that either float on the surface of or are suspended in water, sewage, or other liquid, and which are removable by laboratory filtering in accordance with procedures approved in 40 CFR part 136, as amended.

   TOXIC POLLUTANT: Is any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under section 307(a) of the Act or as otherwise listed in 40 CFR part 122, appendix D.

   WASTEWATER: Means the liquid and water-carried industrial or domestic wastes from residences, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are discharged to the POTW.

      2.   Abbreviations: The following abbreviations, when used in these regulations, shall have the designated meanings:

BMPs	Best Management Practices
BOD5	5-day biochemical oxygen demand
°C	Degrees Celsius
CFR	Code of Federal Regulations
CIU	Categorical industrial user
COD	Chemical oxygen demand
EPA	U.S. Environmental Protection Agency
ERP	Enforcement Response Plan
°F	Degrees Fahrenheit
FOG	Fat, oil and grease
FSE	Food service establishment
gpd	Gallons per day
IDAPA	Idaho Administrative Procedure Act
IPDES	Idaho Pollutant Discharge Elimination System
LEL	Lower explosive limit
mg	Milligrams
mgd	Million gallons per day
mg/L	Milligrams per liter
NAICS Code	North American Industry Classification System Code
NPDES	National Pollutant Discharge Elimination System
O&G	Oil and grease
O&M	Operation and maintenance
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIC Code	Standard Industrial Classification Code
SIU	Significant industrial user
SNC	Significant noncompliance
SWDA	Solid Waste Disposal Act
TSS	Total suspended solids
USC	United States Code

 

   (C)   Wastewater Discharge Prohibitions And Limitations:

      1.   General Prohibitions: No industrial user shall introduce into the POTW any pollutant which causes pass through or interference. These general prohibitions and the specific prohibitions in subsection (C)2 of this section apply to all industrial users of the POTW whether they are subject to Pretreatment Standards, or any other national, State, or local Pretreatment Requirements.

      2.   Specific Prohibitions: No industrial user shall introduce or cause to be introduced into the POTW the following pollutants:

         a. Any substance which either alone or by interaction with other substances creates a fire or explosive hazard in the POTW, including, but not limited to wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (60°C) using the test method specified in 40 CFR section 261.21. The City Manager may require industrial users with the potential to discharge flammable, combustible or explosive substances to install and maintain an approved combustible gas detection meter or explosion hazard meter. No two (2) successive readings on an explosion hazard meter at the point of discharge shall be more than five percent (5%), nor any one reading more than ten percent (10%), of the lower explosive limit (LEL) of the meter.

         b. Wastewater having a pH of less than 5.0 or more than 11.0, or any wastewater capable of causing corrosive structural damage to the POTW unless the POTW is specifically designed to accommodate such discharges.

         c. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in interference.

         d. Any pollutant, including oxygen-demanding pollutants (BOD, COD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

         e. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds forty decrees Celsius (40°C) (104°F) unless the approval authority, upon request of the POTW, approves alternate temperature limits.

         f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin that exceed fifty milligrams per liter (50 mg/L) and in any amount that will cause pass through or interference.

         g. Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity which may cause acute worker health and safety problems or pollutants which singly or cumulatively or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent or interfere with entry into the sewers for their maintenance and repair.

         h. Trucked or hauled pollutants, except at discharge points designated by the City.

         i. Wastewater which contains grease or oil or any other substances that will solidify or become discernibly viscous at temperatures between thirty two degrees Fahrenheit (32°F) (0°C) and one hundred fifty degrees Fahrenheit (150°F) (65.5°C).

         j. Wastewater from food facilities containing free or floating oil and grease, or any discharge containing animal fat or grease by-product in excess of two hundred milligrams per liter (200 mg/L). This limit will not apply if the industrial user has installed an appropriately sized gravity grease interceptor (GGI), is properly operating and maintaining the GGI and implementing all required BMPs as specified in subsection (N)2 of this section for food facilities.

         k. Wastewater generated as a result of wastes pumped from gravity grease interceptors, hydromechanical grease interceptors or grease traps, oil/water separators or other storage tanks or treatment units back into the POTW, either directly or indirectly, without approval of the City Manager.

         l. Wastewater which imparts color to the POTW's effluent such as, but not limited to, dye wastes and vegetable tanning solutions.

         m. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State and Federal regulations.

         n. Medical wastes that cause or contribute to pass through or interference.

         o. Stormwater, surface water, groundwater, subsurface drainage, yard drainage, roof drain, swimming pool drainage, condensate, deionized water, effluent from groundwater pump-and-treat systems and unpolluted water shall not be discharged through any direct or indirect connection to the Municipal sanitary sewer system unless authorized by the City.

         p. Any substance that causes the City to violate its NPDES permit or applicable water quality standards.

         q. Sludge, screenings, or other residues from the pretreatment of industrial wastes or industrial processes except as authorized by an industrial wastewater discharge permit, special approved discharge authorization or other control mechanism issued by the City.

         r. A slug discharge as defined in subsection (B)1 of this section.

         s. Any substance which may cause the POTW's effluent or treatment residues, sludge or sludge products produced for public distribution, or scums, to be unsuitable for reclamation or reuse or which otherwise interferes with the reclamation process.

         t. Any waste designated as hazardous under the provisions of 40 CFR part 261 and IDAPA 58.01.05 unless done so in compliance with subsection (M)11 of this section and authorized by the City.

         u. Any pesticides, herbicides or fungicides that cause or contribute to pass through, interference or other problems at the treatment works or in the receiving waters. In no case, shall an industrial user discharge wastewater that is generated from the rinsing of any container that contains or contained any concentrated or formulated pesticide, herbicide or fungicide.

         v. No chemicals, materials, or substances, including but not limited to, paints, solvents, boiler or water treatment chemicals, sludges, chemicals, or wastes shall be stored in proximity to a floor drain or other sewer openings unless secondary containment is provided or there are physical barriers to entry to the wastewater collection system. The storage of any chemicals, materials, substances, or wastes that leak or have potential to leak or discharge into the POTW which may create an explosion hazard or in any way have a deleterious effect to the POTW or constitute a nuisance or a hazard to POTW personnel, the general public, the environment, or the receiving stream shall be prohibited;

         w. Bulk, expired, outdated or concentrated prescription or non- prescription drugs.

         x. Wastewater or pollutants discharged directly into a manhole or other opening to the POTW unless specifically authorized by the City Manager or as otherwise permitted under these regulations. Prohibited is the opening of a manhole or discharging into any opening in violation of these regulations.

         y. Wastewater contaminated because of discharge from aboveground and/or underground gasoline, diesel fuels, fuel oil, kerosene, and jet fuel tanks, tank accessories, and/or pipelines without applying for and obtaining a permit prior to discharge.

         z. Wastewater causing, alone or in conjunction with other sources, the POTW effluent to fail a whole effluent toxicity (WET) test.

         aa. Detergents, surfactants and other surface-active agents, or other substances which may cause excessive foaming in the POTW or cause or contribute to pass through or interference.

         bb. Discharge of nonylphenol from the use of bulk or concentrated nonylphenol containing detergents as employed by some industrial or commercial laundries, car washes or asphalt manufacturers or other industrial users.

         cc. Discharge of any wastewater containing perchloroethylene (PCE) (also known as tetrachloroethene and tetrachloroethylene) from any industrial user involved in the dry-cleaning business.

         dd. Total inorganic nitrogen (TIN) that causes or contributes to pass through or interference.

         ee. Discharge of any pollutant or pollutant property that interferes with UV transmittance or UV disinfection.

      3.   Dilution Prohibited: Dilution is prohibited as a substitute for treatment and shall be a violation of these regulations. Except where expressly authorized to do so by an applicable Pretreatment Standard or Requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment Standard or Requirement. The City may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate.

      4.   Local Limits:

         a. No significant industrial user or other designated non-SIU shall discharge or cause to be discharged, wastewater containing pollutants that exceed the following limits:

Pollutant	Daily Maximum Discharge Limits1 (mg/L)
Arsenic (As)	0.021
Cadmium (Cd)	0.019
Chromium (Cr)	4.62
Copper (Cu)	0.655
Lead (Pb)	0.146
Mercury (Hg)	0.0055
Moybdenum (Mo)	0.14
Nickel (Ni)	0.225
Selenium (Se)	0.067
Silver (Ag)	1.532
Zinc (Zn)	1.556
5-day biochemical oxygen demand (BOD5) lbs/day(3)	2501
Total suspended solids (TSS) lbs/day(3)	5233
Ammonia, lbs/day(3)	180.4
Phosphorus, lbs/day(3)	116.0
Oil and grease, vegetable	100

 

   Notes:

      1.    All pollutants as total and in milligrams per liter unless otherwise specified.

      2.    Maximum Allowable Industrial Load (MAIL). The City may implement local limits through allocation of the MAIL to Significant Industrial Users and specific permitted non-SIUs that correspond to the uniform concentration local limits shown in the table above and are hereby incorporated by reference.

      3.   Where a permitted industrial user exceeds the concentration of BOD5 or TSS as defined by normal domestic strength wastewater the City may surcharge for excess strength waste for these pollutants in pounds per day (lbs/day). If the City determines that ammonia or phosphorus are being discharged in significant concentrations, the City may surcharge for excess strength waste on a case-by-case basis.

      b.   Industrial users that discharge significant concentrations of total inorganic nitrogen (TIN) as determined by the City, may be required to develop and implement BMPs to minimize TIN in the discharge or the City may develop and apply specific daily maximum discharge limits for TIN specific to the industrial user.

      c.   A significant industrial user or other designated industrial user who introduces wastewater into the POTW may be required to submit a Total Dissolved Solids (TDS) Control Plan if monitoring of the industrial user's discharge shows it exceeds nine hundred milligrams per liter (900 mg/L) TDS. This plan shall contain a description of the chemicals and materials used that contribute to the TDS concentration and the source control measures that could be implemented to reduce the TDS concentration in the discharge to less than nine hundred milligrams per liter (900 mg/L) or to a level specified by the City that prevents discharges that cause or contribute to pass through or interference.

   5.   Benzene And BTEX: The following limits shall apply to wastewaters that are discharged from:

      a.   Groundwater cleanup of petroleum or gasoline underground storage tanks or other remediation wastewaters containing these pollutants;

      b.   Discharges where one or more of these pollutants are present; or

      c.   Where these pollutants are appropriate surrogates.

   It shall be unlawful for any industrial user to discharge or cause to be discharged any waste or wastewater to the POTW that exceeds the following limits:

 

Pollutant1,3	Daily Maximum Limit (mg/L)
Benzene	0.050
BTEX2	0.750

 

   Notes:

      1.    All pollutants shown in the table are total.

      2.    BTEX shall be measured as the sum of benzene, ethylbenzene, toluene and xylenes.

      3.    These limits are based upon installation of air stripping technology as described in the EPA document: "Model NPDES Permit for Discharges Resulting from the Cleanup of Gasoline Released from Underground Storage Tanks. June 1989".

      7.   Most Stringent Limits: The City Manager may establish more stringent pollutant limits, additional site-specific pollutant limits, Best Management Practices, or additional Pretreatment Requirements when, in the judgment of the City Manager, such limitations are necessary to implement the provisions of these regulations.

      8.   State Requirements And Limitations: State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal Pretreatment Standards and Requirements or those in these regulations.

   (D)   Categorical Pretreatment Standards:

      1.   Industrial users shall comply with the Categorical Pretreatment Standards found at 40 CFR chapter I, subchapter N, parts 405 - 471 that apply to the regulated industrial category assigned to the user's business activity.

      2.   Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City may impose equivalent concentration or mass limits in accordance with this section and 40 CFR part 403.6(c).

      3.   When Categorical Pretreatment Standards are expressed only in terms of a mass of pollutant per unit of production, the City may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users. The industrial user shall supply appropriate actual or projected long-term production rates for the unit of production specified in order to facilitate this process pursuant to 40 CFR part 403.6(c)(2) as required by the City.

      4.   The City may allow wastewater subject to a Categorical Pretreatment Standard to be mixed with other wastewaters prior to treatment. In such cases, the industrial user shall identify all categorically regulated wastestreams and provide sufficient information for each non-categorical wastestream to determine whether it should be considered dilute for each pollutant. In such situations, the City shall apply the appropriate formula as found at 40 CFR part 403.6(e) to determine appropriate limits.

      5.   When a Categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the City Manager. The City may establish equivalent mass limits if the industrial user meets all of the following conditions:

         a.    To be eligible for equivalent mass limits, the industrial user must:

            (1)    Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its control mechanism;

            (2)    Currently use control and treatment technologies adequate to achieve compliance with the applicable Categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;

            (3)   Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

            (4)    Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

            (5)    Have consistently complied with all applicable Categorical Pretreatment Standards during the period prior to the industrial user's request for equivalent mass limits.

         b.    An industrial user subject to equivalent mass limits shall:

            (1)   Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

            (2)    Continue to record the facility's flow rates by a continuous effluent flow monitoring device;

            (3)    Continue to record the facility's production rates;

            (4)    Notify the City if production rates are expected to vary by more than twenty percent (20%) from the submitted baseline production rates. The City may reassess and revise equivalent limits as necessary to reflect changed conditions; and

            (5)    Continue to employ the same or comparable water conservation methods and technologies so long as it discharges under its equivalent mass limit.

         c.    Equivalent mass limits:

            (1)    Shall not exceed the product of the actual average daily flow rate of the regulated process(es) of the industrial user and the applicable concentration-based daily maximum and monthly average standards (and the appropriate unit conversion factor);

            (2)    Upon notification of a revised production rate, must reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

            (3)    May be retained in subsequent industrial wastewater discharge permits if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to subsection (C)3 of this section. The industrial user must also be in compliance with 40 CFR section 403.17 (regarding the prohibition of bypass).

         d.    The City may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.

      6.   The City may convert the mass limits of the Categorical Pretreatment Standards at 40 CFR parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions. When converting such limits to concentration limits, the City must use the concentrations listed in the applicable subparts of 40 CFR parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by these regulations.

      7.   Equivalent limitations are deemed Pretreatment Standards for the purposes of these regulations and section 307(d) of the CWA. The City must document how the equivalent limits were derived and make this information publicly available. Once incorporated into the industrial wastewater discharge permit, the industrial user must comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

      8.   Many Categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4-day average limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

      9.   Any industrial user operating under an industrial wastewater discharge permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the City within two (2) business days after the industrial user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any industrial user not notifying the City of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate.

   (E)   Pretreatment And Monitoring Facilities:

      1.   Treatment Required: An industrial user shall provide wastewater treatment required to comply with these regulations and shall achieve compliance with all applicable Federal, State and local pretreatment standards and requirements within the time limitations specified by the EPA, the Idaho Department of Environmental Quality, or the City, whichever is more stringent. Any pretreatment facilities necessary for compliance with these regulations shall be provided, operated and maintained at the industrial user's expense and satisfy applicable requirements established by the City Building Codes. Unless waived by the City, such reports shall be prepared under the supervision of, and bear the seal of, a professional licensed engineer and submitted to the City for review. The review and acceptance of the engineering report, plans, specifications and operation and maintenance manual, shall in no way relieve the industrial user from its obligation to comply with the provisions of these regulations, including modification of its pretreatment facility as necessary to produce a discharge that complies with the IU's permit and these regulations.

      2.   Proper Operation And Maintenance: The industrial user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) by qualified personnel which are installed or used by the industrial user. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by an industrial user when the operation is necessary to achieve or assure compliance with conditions of the industrial wastewater discharge permit. Calibration of meters and monitoring equipment shall be performed as required by manufacturer's specification or the City.

      3.   Monitoring Facilities: The City may require an industrial user to install at the industrial user's expense, suitable monitoring facilities or equipment that allows for the representative sampling and accurate observation of wastewater discharges. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the City's requirements and all applicable construction standards and specifications. Monitoring equipment and structures shall be maintained in proper working order, calibrated as required by manufacturer's recommendations and kept safe and accessible at all times to City personnel. The monitoring equipment shall be located and maintained on the industrial user's premises outside of the building unless otherwise approved by the City. The monitoring facility shall be provided with an enclosure that can be locked during sampling with a lock provided by the City. When such a location would be impractical, the City may allow such facility to be constructed in the public street or easement area, with the approval of the City department or other agency having jurisdiction over such street or easement and located so that it will not be obstructed by public utilities, landscaping or parked vehicles. No industrial user shall cover any manhole, sewer cleanout, or other openings in the wastewater collection system with earth, paving, or otherwise render it inaccessible.

      4.   Wastewater Discharge Control: The City may require an industrial user to restrict discharge during peak flow periods, designate that certain wastewater be discharged only into specified sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and demonstrate the industrial user's compliance with the requirements of these regulations.

      5.   Flow Equalization: The City may require any industrial user discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow- control facility to ensure equalization of flow. An industrial wastewater discharge permit may be issued solely for flow equalization.

      6.   Multitenant Buildings: When more than one industrial user is able to discharge into a common service line, the City may require installation of separate monitoring equipment or structures for each industrial user.

      7.   Safety And Access: There shall be unobstructed, safe, and easy access to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and associated equipment shall be maintained at all times in a safe and proper operating condition by the user.

      8.   Flow, pH, LEL And Other Meters And Equipment: If the City determines an industrial user is required to measure and report: a) wastewater flow, b) discharge process wastewaters necessitating continuous pH measurement or c) discharge wastewater that may contain flammable substances or other pollutants of concern, the City may require the industrial user to install and maintain, at the industrial user's expense, approved meters and equipment.

      9.   Tampering With Metering Devices Prohibited: No person shall install, change, bypass, adjust, remove, alter, or otherwise tamper with any metering device or any piping arrangement connected to a metering device to show the quantity of water used at or discharged from the facility is different than the actual quantity used or discharged.

   (F)   Industrial Wastewater Discharge Permitting:

      1.   Permits Required: All significant industrial users proposing to connect to or discharge wastewater into the POTW shall apply for and obtain an industrial wastewater discharge permit from the City. An existing significant industrial user that has filed a timely wastewater permit application in accordance with these regulations may continue to discharge if authorized by the City.

      2.   New Industrial Users; Applying For An Industrial Wastewater Discharge Permit: Any industrial user required to obtain an industrial wastewater discharge permit who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit prior to the beginning or recommencing of such discharge. The industrial user shall file a permit application on forms provided by the City containing the information specified in subsection (F)6 of this section. The completed application for the industrial wastewater discharge permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. A permit application containing incomplete or inaccurate information will not be processed and will be returned to the industrial user. The City may issue a permit at any time after receipt of the completed permit application.

      3.   Existing Industrial Users; Applying For An Industrial Wastewater Discharge Permit Re-Issuance: An industrial user with an expiring industrial wastewater discharge permit shall apply for a new permit by submitting a complete permit application at least ninety (90) days prior to the expiration of the industrial user's existing discharge permit. The industrial user shall file a permit application on forms provided by the City containing the information specified in subsection (F)6 of this section. A permit application containing incomplete or inaccurate information will not be processed and will be returned to the industrial user.

      4.   Other Industrial Users: The City may require other industrial users to apply for and obtain a permit or other control mechanism to carry out the purposes of these regulations. The City may issue an industrial wastewater discharge permit, a permit requiring zero (0) discharge of pollutants or wastestreams or other control mechanism, including, but not limited to, authorizations to discharge and letters authorizing discharge, etc., as needed.

      5.   Enforceability: Any violation of the terms and conditions of an industrial wastewater discharge permit, failure to apply for an industrial wastewater discharge permit or discharging without an industrial wastewater discharge permit shall be deemed a violation of these regulations and subjects the industrial user to enforcement by the City. Obtaining an industrial wastewater discharge permit does not relieve a permittee of its obligation to comply with all State and Federal Pretreatment Standards or Requirements.

      6.   Permit Application Contents:

         a.    Name of business, address of the facility, location of the discharge if different from the facility address, and contact information for the owner, operator and the authorized representative of the industrial user.

         b.    Environmental permits. A list of any environmental control permits held by or for the facility.

         c.    Description of operations.

            (1)    A brief description of the nature, average and maximum rate of production (including each product produced by type, amount, processes, and rate of production);

            (2)    The Standard Industrial Classification(s) (SIC Code) and/or NAICS Code of the operation(s) carried out by such industrial user;

            (3)    A schematic process diagram showing each process step, wastestream, treatment step, internal recycling process, and points of discharge to the POTW. This diagram shall identify which wastestreams are subject to a Categorical Pretreatment Standard, if applicable. The industrial user shall also submit site plans, floor plans, mechanical and plumbing plans and details showing all sewers, sewer connections, floor drains, inspection manholes, and sampling chambers by size, location, and elevation;

            (4)    A listing of all non-domestic process streams and the type(s) of wastes generated from each process;

            (5)    A list of all raw materials and chemicals used or stored at the facility;

            (6)    Number of employees; and

            (7)    Hours of operation.

         d.    Time and duration of discharges including the date the industrial user first began discharge or plans to discharge to the POTW.

         e.    The location for sampling the wastewater discharges from the industrial user.

         f.    Flow measurement. Information showing the average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR section 403.6(e). For new sources and new permittees not currently discharging, an estimate of flows may be used for meeting the requirements of the Baseline Monitoring Report required in subsection (M)2 of this section.

         g.    Measurement of pollutants.

            (1)    The Categorical Pretreatment Standards applicable to each regulated process;

            (2)    The local limits adopted by the City as specified in subsection (C)4 of this section;

            (3)    The results of sampling and analysis identifying the nature and concentration (or mass) of regulated pollutants in the discharge from each regulated process where required by the standard or by the City;

            (4)    Instantaneous, daily maximum and long-term average concentrations, or mass, where required;

            (5)    The sample shall be representative of daily operations and shall be collected and analyzed in accordance with procedures set out in subsection (L) of this section. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user covered by a Categorical Pretreatment Standard, this adjusted limit, along with supporting data, shall be submitted as part of the application; and

            (6)    Where the standard requires compliance with a BMP or pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standard to determine compliance with the standard.

         h.    A list of hazardous waste(s) generated and a description of the storage area and procedures for handling and disposal of the wastes.

         i.    Slug Discharge Control Plan for significant industrial users as described in subsection (M)5 of this section shall be submitted and as required by the City Manager for other industrial users.

         j.    Compliance schedule. If additional pretreatment and/or operation and maintenance (O&M) will be required to meet the Pretreatment Standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. 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:

            (1)    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 industrial user to meet the applicable Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No such increment shall exceed nine (9) months.

            (2)    Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the City Manager 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, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the City Manager.

         k.    Certification. A statement, reviewed by the authorized representative of the industrial user and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the Pretreatment Standards and Requirements.

         l.    Signatory certification. All industrial wastewater discharge permit applications and certification statements must be signed by the authorized representative of the industrial user and contain the applicable certification statement(s) in subsection (M)8 of this section.

         m.    Any other information as may be deemed by the City Manager to be necessary to evaluate the permit application.

      7.   Industrial Wastewater Discharge Permit Issuance:

         a.    Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period of less than five (5) years at the City's discretion or may be stated to expire on a specific date.

         b.    Where the City is issuing a permit containing a permit specific Pretreatment Standard or Requirement not otherwise contained in these regulations, the Pretreatment Standard or Requirement shall be noticed for public comment for thirty (30) days in a newspaper of general circulation that provides meaningful public notice or processed through the City Council approval process.

         c.    The City shall issue an industrial wastewater discharge permit to the applicant if the City finds that all of the following conditions are met:

            (1)    The applicant has provided a timely and complete permit application to the City;

            (2)    The proposed discharge by the applicant is in compliance with the Pretreatment Standards and Requirements established in these regulations;

            (3)    The proposed operation and discharge of the applicant would permit the normal and efficient operation of the POTW; and

            (4)    The proposed discharge by the applicant would not result in a violation by the City of the terms and conditions of its NPDES permit or cause pass through or interference.

         d.    If the City finds that the condition set out in subsection (F)7c(2) of this section is not met, the City may, at their discretion, issue an industrial wastewater discharge permit to the applicant if the conditions set out in subsections (F)7c(1), (F)7c(3) and (F)7c(4) of this section have been met and if the applicant submits, and the City approves, a compliance schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to insure compliance with applicable Pretreatment Standards and Requirements. At no time shall a discharge be allowed to cause a violation of any general or specific prohibitions established in subsection (C) of this section nor shall the final compliance date for a Categorical Pretreatment Standard be extended.

      8.   Administrative Industrial Wastewater Discharge Permit Appeals:

         a.    Any industrial user may file an appeal to reconsider the terms of an industrial wastewater discharge permit or appeal a decision by the City to deny issuing an industrial wastewater discharge permit. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

         b.    An industrial user must file a written appeal request to the City Manager to reconsider a permitting action or decision by the City within fifteen (15) days of such City action. The industrial user shall set forth in detail the facts that support the industrial user's request for reconsideration. Such facts must include a statement that sets forth any newly discovered relevant fact that was not known or was unavailable to the industrial user at the time of the City action. The City Manager shall render a written decision with respect to such request for reconsideration within sixty (60) days after receipt of the industrial user written appeal.

      9.   Temporary Industrial Wastewater Discharge Authorization: A temporary Industrial Wastewater Discharge Authorization may be required of an industrial user who is not a significant industrial user and is seeking to discharge wastewater to the POTW. The industrial user shall be required to complete an application for discharge authorization as prescribed by the City Manager. No discharge shall be made until such time as the City authorizes the discharge.

      10.   Transferability:

         a.    An industrial wastewater discharge permit is issued to a specific industrial user for a specific operation. An industrial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new industrial user, different premises, or a new or changed operation without the prior written approval of the City. Failure to provide advance notice of a transfer renders the industrial wastewater discharge permit void as of the date of facility transfer and discharge of wastewater prohibited.

         b.    Duly authorized representatives of the existing industrial user and the new owner of the industrial user shall jointly or separately submit a written request to the City at least thirty (30) days prior to the sale or transfer of ownership which:

            (1)    States that there shall be no changes to the facility's operations and processes unless a permit application has been submitted by the new duly authorized representative of the industrial user;

            (2)    Identifies the specific date on which the facility transfer will occur;

            (3)    Identifies the legal name and trade name, if any, of the new industrial user and the address of its corporate offices;

            (4)    Identifies the contact information of the new facility's duly authorized representative, the mailing address at which such representative may receive notice(s) from the City, and the name and contact information for the facility manager, if different than the duly authorized representative of the industrial user;

            (5)    Acknowledge and agree that:

   A.    The new owner or operator has received a copy of the industrial wastewater discharge permit and has a legal, valid and binding obligation to comply with all requirements of the transferred industrial wastewater discharge permit;

   B.    Such transfer is within the power and authority of the existing permittee and the new owner or operator without the joinder or consent of any other party and has been authorized by all requisite corporate or partnership action on the part of the permittee and new owner or operator;

   C.    Neither the transfer nor the City's approval of the transfer shall in any respect relieve the permittee any obligation or liability occurring prior to the transfer of or responsibility for acts or omissions occurring prior to the transfer, known or unknown;

   D.    The City waives none of its rights with respect to the permittee's or the new owner's or operator's compliance with the terms and conditions of the industrial wastewater discharge permit;

   E.    The City grants its approval of the transfer in reliance upon the representations, documents, and information provided by the permittee and new owner or operator in connection with the request for transfer; and

   F.    That the approval of the transfer shall not in any way be deemed a representation by the City that the permittee or new owner or operator are in full compliance with the terms and conditions of the permit.

      11.   Industrial Wastewater Discharge Permit Conditions:

         a.    Industrial wastewater discharge permits shall be expressly subject to all provisions of these regulations and all other applicable regulations, user charges and fees established by the City.

         b.    Industrial wastewater discharge permits shall contain the following:

            (1)    A statement that indicates the permit's issuance date, expiration date and effective date;

            (2)    The legal name and trade name, if any, of the user and the address of its corporate offices and a requirement to notify the City at least thirty (30) days prior of a change to the legal name of the permittee;

            (3)    The name and contact information of the duly authorized representative of the industrial user, the mailing address at which such representative may receive notice(s) from the City, and the name and contact information for the facility manager, if different than the duly authorized representative;

            (4)    A statement on permit transferability;

            (5)    Effluent limits, including Best Management Practices, based upon applicable Pretreatment Standards and information submitted by the permittee or identified by the City;

            (6)    Self-monitoring, sampling, reporting, notification and record-keeping requirements including, but not limited to, identification of the pollutants or BMPs to be monitored, sampling location, sampling frequency and sample type, 24-hour notice of non-compliance and other applicable Pretreatment Requirements based on Federal, State and local law;

            (7)    Statements of applicable enforcement remedies and administrative, civil and criminal penalties for the violation of Pretreatment Standards and Requirements, the permit, these regulations, and any applicable compliance schedule;

            (8)    Requirements to immediately notify the City of any changes at its facility affecting potential for a slug discharge and for the industrial user to immediately report any slug discharges, spills or accidental discharges, including any discharges that may cause problems at the POTW; and

            (9)    Reapplication requirements.

         c.    Permits may also include, as appropriate:

            (1)    Applicable schedule of user charges and fees for the wastewater to be discharged into a public sewer;

            (2)    Limits on average and maximum rate and time of discharge or requirements for flow equalization;

            (3)    Requirements for installation and maintenance of inspection and sampling facilities and equipment;

            (4)    Best Management Practices (BMPs) to control specific pollutants as necessary to meet the objectives of these regulations;

            (5)    Compliance schedules;

            (6)    Requirements to reapply for a new permit prior to expiration of the existing permit;

            (7)    Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

            (8)    Requirements to develop and implement waste minimization plans to reduce the amount of pollutants discharged to the POTW;

            (9)    Closure requirements for permitted facilities undergoing partial or complete closure activities to ensure closure activities are completed and wastes have been properly disposed and remaining access to sanitary and storm sewers are protected;

            (10)    Other conditions as deemed appropriate by the City Manager to ensure compliance with all applicable local, State and Federal rules and regulations.

      12.   Industrial Wastewater Discharge Permit Modification:

         a.    The notification of an industrial wastewater discharge permit modification does not stay any wastewater discharge permit condition. The City may modify an industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:

            (1)    To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements or to reflect changes in applicable State or Federal standards;

            (2)    To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of the industrial wastewater discharge permit issuance;

            (3)    A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

            (4)    Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters;

            (5)    Violation of any terms or conditions of the industrial wastewater discharge permit;

            (6)    Misrepresentations or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application or in any required reporting;

            (7)    To reflect a change in the legal name of the permittee, transfer of the facility ownership and/or operation to a new owner/operator;

            (8)    When there is a revision of, or a variance is granted from, Categorical Pretreatment Standards;

            (9)    To correct typographical or other errors in the industrial wastewater discharge permit; or

            (10)    Upon request of the permittee, provided such request does not result in a violation of any applicable Pretreatment Standards or Requirements, or these regulations.

         b.    The industrial user shall file a written request for a modification of an industrial wastewater discharge permit whenever there has been a change in the legal name or trade name of the user or a change in the name or mailing address of the duly authorized representative of the industrial user. The request shall be submitted to the City as soon as practicable but no later than thirty (30) days following implementation of the change. A permit will be non-transferable and subject to revocation if such request is not filed in the timeframe required.

      13.   Revocation Of Industrial Wastewater Discharge Permit And Authorization To Discharge: A violation of the conditions of an industrial wastewater discharge permit, other control mechanisms, authorization to discharge, these regulations or of applicable State or Federal regulations shall be reason for revocation of an industrial user's permission to discharge. Upon revocation of the permit or authorization, any wastewater discharge from the affected industrial user shall be considered prohibited and discharge of such wastewater in violation of these regulations. Grounds for revocation of a permit include, but are not limited to, the following:

         a.    Failure of an industrial user to accurately disclose or report the wastewater constituents and characteristics of any discharge;

         b.    Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics as required;

         c.    Refusal of timely access entry to the industrial user's premises for the purpose of inspection or monitoring;

         d.    Falsification of records, reports or monitoring results;

         e.    Tampering with monitoring methods or equipment;

         f.    Failure to submit, misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application;

         g.    Failure to pay fines or penalties;

         h.    Failure to pay sewer charges, surcharges, or pretreatment programs fees;

         i.    Failure to meet compliance schedules;

         j.    Failure to provide advance notice of the transfer of business ownership of a permitted facility;

         k.    Failure to provide required reports, including but not limited to, a wastewater survey, baseline monitoring report, 90-day compliance report, permit application, self-monitoring report or other permit required reports or notifications within the timeframe required by the City;

         l.    Invoking of the City's emergency authority as cited in subsection (O)3 of this section;

         m.    Closure of the facility or failure of the industrial user to commence discharge within one hundred eighty (180) days after the effective date of the industrial wastewater discharge permit; or

         n.    Violation of any Pretreatment Standard or Requirement, or any terms of the industrial wastewater discharge permit or these regulations.

   (G)   Special Agreements And Contracts: No statement contained in these regulations shall be construed as prohibiting special written agreements between the City and any industrial user allowing industrial waste or wastewater of unusual strength or character to be discharged to the POTW, provided said industrial user compensates the City for any additional costs of treatment. Such agreement, however, shall not allow or cause:

      1.   Any adverse effect to the POTW;

      2.   A violation of the POTW NPDES permit;

      3.   A violation of a general or specific prohibition;

      4.   A maximum allowable industrial load (MAIL) to be exceeded;

      5.   A violation of State or Federal law or regulation; or

      6.   Provide any waiver to applicable Categorical Pretreatment Standard.

Application for a special approved discharge authorization shall be submitted at least ninety (90) days prior to the requested discharge date. The fees for a special approved discharge, which are established by the City shall be based on the quantity and strength of the wastewater discharged.

   (H)   Right Of Entry:

      1.   Ready Access: Whenever it shall be necessary for the purposes of these regulations, the City may enter upon any industrial user's facility, property, or premises and shall have ready access to all parts of the premises subject to these regulations for the purposes of:

         a.    Performing all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable Pretreatment Standards and Requirements by an industrial user. Compliance monitoring and inspection shall be conducted at a frequency as determined by the City and may be announced or unannounced;

         b.    Setting up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the industrial user's operations;

         c.   Examining and copying any records required to be kept under the provisions of these regulations or of any other local, State or Federal regulation;

         d.    The City may use a camera to photograph any areas of the facility as deemed necessary for carrying out the duties of the industrial pretreatment program including, but not limited to, documentation of the industrial user's compliance status and for reinforcement of required written reports. The industrial user shall be allowed to review copies of photographs for trade secret claims;

         e.    Inspecting any monitoring equipment or method, pretreatment system equipment and/or operation;

         f.    Sampling any discharge of wastewater into POTW; and/or

         g.    Inspecting any production, manufacturing, fabricating or storage area where pollutants, regulated under these regulations, could originate, be stored, or be discharged to the POTW.

      2.   Proper Assistance Provided: The occupant of such property or premises shall render all proper assistance in such activities. Where an industrial user has security measures in place which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security personnel so that authorized representatives of the City will be permitted to enter without delay to perform their specified functions.

      3.   Private Property: The City Manager and other duly authorized agents and employees of the City are entitled to enter all private properties through which the City or any connecting jurisdiction holds an easement or similar access or occupancy right.

      4.   Failure To Allow Entry Or Unreasonable Delays: In the event the City or other duly authorized representative of the City is refused admission or unreasonably delayed, such refusal or delay is a violation of these regulations and may result in enforcement action as allowed for under these regulations including revocation of the industrial wastewater discharge permit.

      5.   Obstructions: Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the City Manager and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.

      6.   Search Warrants: If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of these regulations or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with these regulations or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the City Manager may seek issuance of a search warrant from the Cassia County Court or another court of competent jurisdiction.

   (I)   Regulation Of Industrial Users From Outside Jurisdictions:

      1.   Discharge To City's POTW: The City may allow an industrial user located outside the City's jurisdictional boundary to discharge industrial wastewater into the City's POTW if the City determines that it has available capacity, treatment capability and the legal authority to regulate and control such discharges. The City shall enter into a Pretreatment Interlocal Agreement (PIA) with the contributing jurisdiction where the industrial user is located. Such agreement shall affix responsibilities in an enforceable manner to assure that the City's Pretreatment Program is fully administered and enforced in all contributing jurisdictions and to ensure that the City has adequate legal authority to oversee implementation and enforcement of the jurisdiction, including over-filing where timely and appropriate enforcement has not been taken. The City also requires that the jurisdiction adopts adequate legal authority to assure that emergency termination of a non-complying industrial user discharge can be made. If the contributing jurisdiction is an approved pretreatment program, the PIA shall specifically define the distribution of responsibility between the City and jurisdiction to ensure that the City's approved Pretreatment Program is fully implemented and enforced as required by the City's NPDES permit.

      2.   Information From Outside Jurisdiction: Prior to entering into the Pretreatment PIA, the City shall obtain the following information from the contributing jurisdiction:

         a.    A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;

         b.    An inventory of all industrial users located within the contributing jurisdiction that are discharging to the POTW through the jurisdiction;

         c.    A requirement that the contributing jurisdiction provide the City with access to all information that the contributing jurisdiction obtains regarding effluent quantity and quality from non-domestic users; and

         d.    Other requirements as necessary for the City to guarantee the effective administration and enforcement of the Pretreatment Program.

      3.   PIA Provisions: A Pretreatment PIA under this section shall, at a minimum, contain the following provisions:

         a.    A requirement for a contributing jurisdiction to adopt a Sewer Use or Pretreatment Ordinance which establishes pretreatment standards and requirements at least as stringent as these regulations, along with a requirement to revise such ordinance to reflect any changes to these regulations the City adopts in the future within a reasonable time frame, but not to exceed nine (9) months. Alternatively, the jurisdiction may adopt a Sewer Use Code that delegates all authority to the City to implement and enforce the pretreatment program for industrial users located within the jurisdiction and meeting the definition of an industrial user;

         b.    A requirement for the contributing jurisdiction to submit a revised user inventory on an annual basis, or more frequently if requested by the City;

         c.    A provision specifying which pretreatment implementation activities, including, but not limited to, issuing industrial wastewater discharge permits, conducting compliance inspections, sampling, and enforcement will be conducted by the contributing jurisdiction and which activities will be conducted by the City;

         d.    A requirement for the contributing jurisdiction to provide the City with access to all information that the contributing jurisdiction obtains as part of its pretreatment activities;

         e.    A requirement to enforce limits on the nature, quality, and volume of the contributing jurisdiction's wastewater at the point where it discharges to the POTW;

         f.    A provision ensuring the City's access to the facilities of all industrial users within the contributing jurisdiction for inspection, sampling, and to confirm that the City's pretreatment program is properly administered and that industrial users are properly categorized; and

         g.    Provisions for addressing any breach of the terms of the pretreatment interlocal agreement.

      4.   Existing Pretreatment PIAs: Existing pretreatment interlocal agreements that are not in compliance with the provisions of this section, shall be amended to conform, or shall be superseded by a pretreatment PIA that conforms, to the requirements of this section within a reasonable time frame, but not to exceed nine (9) months following the effective date of these regulations.

      5.   Industrial Users In Outside Jurisdictions With No PIA In- Place: Until such time as the City and a jurisdiction enter into a PIA for pretreatment program delegation, the City shall have the option to exercise any of the following options:

         a.    Prohibit the discharge of non-domestic wastewater from an industrial user located in another jurisdiction.

         b.    Request the jurisdiction to issue a permit or order to the industrial user that is equivalent to the industrial wastewater discharge permit that includes all Pretreatment Standards and Requirements as required by the City.

         c.    Enter into a contract with the industrial user that binds the industrial user to compliance with all Pretreatment Standards and Requirements in an industrial wastewater discharge permit issued by the City to the industrial user.

   (J)   Recordkeeping:

      1.   In addition to any recordkeeping requirements set forth in an industrial wastewater discharge permit or other control mechanism, all industrial users subject to the reporting requirements of these regulations shall retain and make available for inspection and copying, all records, reports, monitoring, calibration logs or other data, applications, permits and all other information and documentation required by these regulations, including documentation associated with Best Management Practices.

      2.   Industrial users shall retain such records and shall keep such records available for inspection for at least three (3) years. This recordkeeping period shall be extended automatically for the duration of any litigation concerning the industrial user's compliance with any provision of these regulations, or when the industrial user has been specifically and expressly notified of a longer records retention period by the City Manager.

      3.   Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report by the City shall govern.

   (K)   Confidentiality:

      1.   All records, reports, data or other information supplied by any person or industrial user because of any disclosure required by these regulations or information and data from inspections shall be available for public inspection except as otherwise provided in this section, 40 CFR section 403.14 and the Idaho Open Records Code, title 74, chapter 1.

      2.   These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to, processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the industrial user which is desired to be considered a trade secret shall have the words, "Confidential Business Information", stamped in a reasonably noticeable manner on each page containing such information. The industrial user must demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.

      3.   Information designated as a trade secret pursuant to this section shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees or authorized representatives of the City charged with implementing and enforcing the provisions of these regulations and properly identified representatives of the U.S. Environmental Protection Agency and the Idaho Department of Environmental Quality.

      4.   Effluent data from any industrial user whether obtained by self-monitoring, monitoring by the City or monitoring by any State or Federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection.

   (L)   Sample Collection And Analytical Methods:

      1.   Sample Collection: Compliance determinations with respect to prohibitions and limitations in these regulations may be made based on either grab or composite samples of wastewater as specified by the City. Such samples shall be taken at a point or points which the City determines to be suitable for obtaining a representative sample of the discharge. Composite samples may be taken over a twenty four (24) hour period, or over a longer or shorter time span, as determined by the City to meet specific circumstances.

      2.   Sample Type: Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and based on data that is representative of conditions occurring during the reporting period.

         a.    Except as indicated in subsections (L)2b and (L)2c of this section, the industrial user must collect representative wastewater samples using twenty four (24) hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is required by the City. Where time- proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the permitted discharge. Composite and grab samples are defined in subsection (B)1 of this section.

         b.    Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composited samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits, including pH.

         c.    For sampling required in support of baseline monitoring and 90-day compliance reports required in subsection (M)2 of this section, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical representative sampling data do not exist. Where historical data are available, the City may authorize a lower minimum. The industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements.

      3.   Analytical Requirements: All pollutant analysis, including sampling techniques, to be submitted as part of an industrial wastewater discharge permit application, report, permit or other analyses required under these regulations shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City or other parties approved by the EPA.

      4.   Records: Records shall include for all samples:

         a.    The date, exact place, method, and time of sampling and the name of the person(s) taking the samples;

         b.    The date(s) and time analyses were performed;

         c.    The name of the person performing the analyses;

         d.    The analytical techniques/methods used, including method detection limits and QA/QC sample results;

         e.    All chain-of-custody records; and

         f.    The results of such analyses.

   (M)   Reporting And Notification Requirements:

      1.   Periodic Compliance Reports (PCR) - All Significant Industrial Users:

         a.    Any significant industrial user that is subject to a Federal, State, or City Pretreatment Standard or Requirement must submit reports, at a frequency determined by the City but no less than once per six (6) months, indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards, including reporting of mass where applicable, and the average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practices (BMPs) or pollution prevention alternatives, the industrial user must submit documentation required by the City or the Pretreatment Standard necessary to determine compliance status of the industrial user. All industrial monitoring reports must be signed and certified in accordance with subsection (M)8 of this section.

         b.    The periodic compliance report shall include a record of the nature and concentrations (and mass if specified in the user's industrial wastewater discharge permit) of the pollutants in the effluent, subject to a pretreatment standard, that were measured, including a record of measured or estimated average and maximum daily flows taken at the user's designated sampling location. Flows shall be reported based on an actual measurement, unless the City allows a user to report average and maximum flows by verifiable techniques when the City determines an actual measurement is not feasible.

         c.    The periodic compliance report shall also include any sampling information required by the user's industrial wastewater discharge permit, including information necessary to determine compliance with applicable Best Management Practices, pollution prevention alternatives, maintenance, treatment, and record keeping requirements. Production data shall be reported if required by the user's industrial wastewater discharge permit, or when a user is subject to a unit production-based concentration limit established by an applicable Categorical Pretreatment Standard. Sampling and analysis that is conducted by the user at the designated sampling location more frequently than is required by this section shall be included in the report.

         d.    The City may require other industrial users to report other monitoring, sampling and analysis as needed to determine compliance with these regulations.

         e.    The City may agree to perform sampling and analysis in lieu of the industrial user for certain pollutant parameters. If the City agrees to perform such sampling and analysis, the City may charge the industrial user for such activities based upon the costs incurred by the City for the sampling and analyses, including personnel time. Any such charges shall be added to the normal sewer use charges and shall be payable as part of the sewer bills. The industrial user is responsible to assure that all monitoring required by the industrial wastewater discharge permit is completed.

      2.   Baseline Monitoring Reports - Categorical Industrial Users:

         a.    Within either one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the POTW shall submit a report which contains the information listed in subsection (M)2b of this section. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable Categorical Pretreatment Standard, shall submit to the City a report which contains the information listed in subsection (M)2b of this section. A new source shall report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged from regulated process streams and other non- process streams.

         b.    Baseline monitoring reports shall include the following information:

            (1)    All information required in subsection (F)6 of this section.

            (2)    Measurement of pollutants.

               (a)    The industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph;

               (b)    Samples shall be taken immediately downstream from pretreatment facilities if such facilities exist or immediately downstream from the regulated processes if no pretreatment facilities exist. Users shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR section 403.6(e) if other wastewaters are mixed with the regulated wastewater prior to pretreatment. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR section 403.6(e) this adjusted limit along with supporting data shall be submitted to the City. Both daily maximum and average concentrations (where determined) shall be reported;

               (c)    Sampling and analysis shall be performed in accordance with the sampling techniques described in subsection (L) of this section and 40 CFR part 136;

               (d)    The City may allow the submission of a BMR report which uses historical data only, provided the data is sufficient to determine the need for industrial pretreatment measures;

               (e)    The baseline report shall indicate the time, date and place of sampling, and the methods of analysis. Industrial users shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

               (f)    All BMRs shall be signed and certified by the duly authorized representative of the industrial user in accordance with subsection (M)8 of this section.

      3.   90-Day Compliance Reports - Categorical Industrial Users:

         a.    New Sources: All new sources subject to existing Categorical Pretreatment Standards shall submit a report to the City within ninety (90) days from the date of first discharge to the POTW demonstrating actual and continuing compliance with those standards.

         b.    Existing Sources: All existing sources required to comply with newly promulgated Categorical Pretreatment Standards shall submit a report to the City within ninety (90) days of the date on which compliance is required with those standards demonstrating that actual and continuing compliance with such standards has been achieved.

         c.    Report Content: Such 90-day Compliance Report shall contain:

            (1)    The information required in subsections (F)6f, (F)6g, (F)6k, (F)6l, and (F)6m of this section;

            (2)    Any changes to the information previously reported in the permit application;

            (3)    For industrial user's subject to equivalent mass or concentration limits established by the City in accordance with the procedures in 40 CFR section 403.6(c), this 90-Day Compliance Report shall contain a reasonable measure of the industrial user's long-term production rate; and

            (4)    For industrial user's subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), the 90-Day Compliance Report shall include the industrial user's actual production during the appropriate sampling period.

      4.   Twenty Four Hour Notice And Thirty-Day Re-Sampling: If sampling performed by an industrial user indicates a violation of these regulations, the industrial user shall notify the City within twenty four (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 City within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if either of the following occurs:

         a.    The City performs sampling at the industrial user's facility at a frequency of at least once per month.

         b.    The City performs sampling at the industrial user's facility between the time when the industrial user performs its initial sampling and the time when the industrial user receives the results of this sampling. It is the sole responsibility of the industrial user to verify if the City has performed this sampling.

      5.   Slug And Spill Discharges - Notification And Plan Development:

         a.    Protection From Spills And Discharges: Each industrial user shall provide protection from spills and slug discharges of pollutants regulated under these regulations. Facilities to prevent the discharge of spills or slug discharges shall be provided and maintained at the industrial user's expense.

         b.    Reporting Of Spills: Each significant industrial user shall report all spills to the City that occur within the boundaries of the user's facility whether or not the spill results in a discharge to the POTW.

         c.    City Evaluation: The City shall evaluate whether or not each significant industrial user needs a Slug/Spill Control Plan or other action to control spills and slug discharges. The City may require any industrial user to develop, submit for approval, and implement a Slug/Spill Control Plan or take such other action that may be necessary to control spills and slug discharges.

         d.    Control Plan: A Slug/Spill Control Plan shall address, at a minimum, the following:

            (1)    Detailed plans (schematics) showing facility layout and plumbing representative of operating procedures;

            (2)    Description of contents and volumes of any process tanks;

            (3)    Description of discharge practices, including non-routine batch discharges;

            (4)    Listing of stored chemicals, including location and volumes;

            (5)    Procedures for immediately notifying the City of any spill or slug discharge. It is the responsibility of the industrial user to comply with the reporting requirements in this subsection (M)5 and subsection (M)6 of this section;

            (6)    Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response; and

            (7)    Any other information as required by the City.

         e.    Notice To Employees: A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who work in any area where an accidental or slug discharge may occur or originate are advised of the emergency notification procedures.

      6.   Reports Of Potential Problems - Slug Discharges:

         a.    In the case of any slug discharge as defined in subsection (B)1 of this section, the industrial user shall immediately telephone and notify the City of the incident. This notification shall include:

            (1)    Name of the facility;

            (2)    Location of the facility;

            (3)    Name of the caller;

            (4)    Date and time of discharge;

            (5)    Date and time discharge was halted;

            (6)    Location of the discharge;

            (7)    Estimated volume of discharge;

            (8)    Estimated concentration of pollutants in discharge;

            (9)    Corrective actions taken to halt the discharge;

            (10)    Method of disposal if applicable.

         b.   Within five (5) working days following such discharge, the industrial user shall, unless waived by the City, submit a detailed written report that includes all the information contained in subsection (M)6a of this section and any other information 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 might be incurred because 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, penalties, or other liability which may be imposed pursuant to these regulations.

         c.    The industrial user shall immediately contact the City when a change occurs at its facility affecting the potential for a slug discharge. The industrial user shall follow-up on this immediate notification with a written, detailed report outlining the changes that were identified and how the industrial user will prevent slug discharges to the POTW.

      7.   Reports For Other Industrial Users: If the City deems it necessary to assure compliance with provisions of these regulations, any industrial user of the POTW may be required to submit an industrial wastewater discharge permit application, questionnaire, reports on BMP implementation, or other reports and notifications in a format and timeframe as specified by the City.

      8.   Signatory Certification: All reports and other submittals required to be submitted to the City shall include the following statement and signatory requirements.

         a.    The authorized representative of the industrial user signing any application, questionnaire, any report or other information required to be submitted to the City must sign and attach the following certification statement with each such report or information submitted to the City.

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 ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the 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 a fine and imprisonment for knowing violations.

         b.    If the authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this subsection and meeting the definition in subsection (B)1 of this section must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

      9.   Compliance Schedules: Should any schedule of compliance be established in accordance with the requirements of these regulations, the compliance schedule shall be as specified in subsection (F)6j of this section.

      10.   Notification Of Change In Discharge Or Operations:

         a.    Change In Volume Or Character Of Pollutants: Every permitted industrial user shall file a written notification with the City a minimum of thirty (30) days prior to any significant change either in the volume or character of pollutants in its discharge, or a change in any manufacturing process or pretreatment modifications that may alter the volume or character of pollutants in its wastewater discharge, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p). A significant change shall be a change equal to or greater than twenty percent (20%) in the mass of a pollutant or volume of flow discharged to the POTW. For purposes of this subsection, an industrial user becomes aware when it knows, or reasonably should have known, of the facts giving rise to a reporting obligation.

         b.    Change In Production Levels When Concentration Limits Imposed: Industrial users with an industrial wastewater discharge permit that imposes wastewater concentration limits based on production levels shall notify the City in writing within two (2) days of when the industrial user becomes aware that production levels will significantly change during the next calendar month.

         c.    Information Submission For Evaluation: The City may require an industrial user submit information needed to evaluate the changed discharge, including submission of a new or revised industrial wastewater discharge permit application. The City may issue, reissue, or modify a permittee's industrial wastewater discharge permit in response to the notice under this subsection.

         d.    Known Or Anticipated Facility Closure: The industrial user is required to notify the City at least thirty (30) days prior to facility shutdown or closure which might alter the character, nature, quality, or volume of its wastewater.

      11.   Notification Of The Discharge Of Hazardous Waste:

         a.    Any industrial user shall notify the City, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR part 261 or Idaho Department of Environmental Quality Rules and Standards for Hazardous Wastes, IDAPA 58.01.05. Such notification to the City shall be made within the appropriate time frames specified in subsections (M)4, (M)6 and (M)10 of this section or within twenty four (24) hours of becoming aware of the discharge, whichever is shorter.

         Such notification must include:

            (1)    The name of the hazardous waste as set forth at 40 CFR part 261 and IDAPA 58.01.05;

            (2)    The EPA hazardous waste number;

            (3)    The type of discharge (continuous, batch, or other);

            (4)    An identification of the hazardous constituents contained in the wastes;

            (5)    An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month;

            (6)    An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months;

            (7)    Certification that the industrial user 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; and

            (8)    Signatory certification as required by subsection (M)8 of this section.

         b.    Any industrial user shall notify the EPA Regional Waste Management Division Manager and the Idaho Department of Environmental Quality, in writing, of the discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR part 261 and/or IDAPA 58.01.05 and meets the reporting criteria specified at 40 CFR section 403.12(p). Notification to the State and EPA is the responsibility of the industrial user and shall be made as required under 40 CFR section 403.12(p). The industrial user shall copy the City on all notifications made to the State and EPA.

         c.    In the case of any new regulation under section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the industrial user must notify the City, the EPA Regional Waste Management Waste Division and Idaho Department of Environmental Quality program of the discharge of such substance within ninety (90) days of the effective date of such regulations.

         d.    This provision does not create a right to discharge any substance not otherwise allowed to be discharged by these regulations, a permit issued hereunder, or any applicable Federal or State law.

      12.   Requests For Information:

         a.    A permittee shall furnish to the City, within the timeframe set by the City Manager, any information which the City may request to determine whether cause exists for modifying, revoking, and reissuing, or terminating an industrial wastewater discharge permit, or to determine compliance with the industrial wastewater discharge permit or these regulations. A permittee shall also, upon request, provide to the City, within the timeframe required by the City Manager, copies of any records that are required by the industrial wastewater discharge permit, discharge authorization or these regulations.

         b.    When requested by the City, any industrial user shall submit information to the City Manager regarding industrial processes, nature and characteristics of wastes and wastewaters generated at the industrial facility, method of disposal of wastes, or other information required by the City Manager to meet the responsibilities under these regulations, State law, and 40 CFR part 403. Failure to provide information within the timeframe specified shall be a violation of these regulations.

   (N)   Sector Control Programs:

      1.   General Requirements:

         a.    Authority: The City may establish specific sector control programs for industrial users to control specific pollutants as necessary to meet the objectives of these regulations. Pollutants subject to these sector control programs shall generally be controlled using Best Management Practices (BMPs).

         The City may implement these Sector Control Programs through an industrial wastewater discharge permit, by letter, an authorization to discharge, or other control mechanisms or by directly enforcing these regulations. All industrial users that are covered by these Sector Control Programs shall comply with this section, whether specifically notified by the City to do so.

         b.    Notification To The City By The Industrial User And Management Review: The City shall review new construction and existing facilities undergoing any physical change, change in ownership, change in operations, or other change that could change the nature, properties, or volume of wastewater discharge, to ensure that current sector control program requirements are incorporated and implemented.

         The industrial user shall inform the City prior to:

            (1)    Sale or transfer of ownership of the business; or

            (2)    Change in the trade name under which the business is operated; or

            (3)    Change in the nature of the services provided that affect the potential to discharge sector control program pollutants; or

            (4)    Remodeling of the facility that may result in an increase in flow or pollutant loading or that otherwise requires the facility to submit plans or specifications for approval through a building or zoning department, or any other formal approval process of a city, county or other jurisdiction.

         c.    Inspections:

            (1)    The City may conduct inspections of any facility with or without notice for determining applicability and/or compliance with these Sector Control Programs.

            (2)    If any inspection reveals non-compliance with any provision of a sector control program requirement, corrective action shall be required.

            (3)    Inspection results will be provided in writing to the facility upon request.

         d.    Closure: The City may require closure of plumbing, treatment devices, storage components, containments, or other such physical structures that are no longer required for their intended purpose. Closure may include the removal of equipment, the filling in and/or cementing, capping, plugging, etc.

         e.    Enforcement And Compliance:

            (1)    These Sector Control Program requirements form a part of these regulations. Enforcement of this regulation is governed by the express terms in these regulations.

            (2)    Any extraordinary costs incurred by the City due to interference, damage, pass through, or maintenance necessary in the treatment and/or collection system shall be paid by the industrial user to the City. The direct costs of all labor, equipment and materials incurred in rectifying the interference or damage, including reasonable attorney's fees, shall be billed directly to the owner or the industrial user by the City, and such costs shall become part of the total charges due and owing to the City and shall constitute a lien on the industrial user until paid in full.

      2.   Best Management Practices For Fats, Oil And Grease (FOG) Facilities:

a. Definitions:

    FATS, OIL AND GREASE OR FOG: Means non-petroleum organic polar compounds derived from animal or plant sources such as fats, non-hydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using the approved method for hexane extractable materials in the analytical procedures established in 40 CFR part 136.

   GRAVITY GREASE INTERCEPTOR OR GGI: Is an in-ground tank containing at least one baffle in which solids, greases and oils are separated from wastewater, located outside the industrial user's building and made accessible by at least two (2) manhole covers.

   GREASE TRAP OR HYDROMECHANICAL GREASE INTERCEPTOR OR HMGI: Is a small device hooked directly to the outgoing drains of sinks located inside a commercial food preparation facility that allows for the separation of fats, oils and grease of a non-petroleum nature from wastewater prior to being discharged into the POTW.

         b.    Applicability: These Best Management Practices (BMPs) establish requirements for any facility the City Manager determines that has the potential to discharge floatable or settleable material. The requirements established in this BMP shall apply to facilities where preparation, manufacturing, processing of food or washing/sanitizing of dishes or equipment occurs. Included food establishments may include, but are not limited to, restaurants, cafes, fast food outlets, pizza outlets, delicatessens, sandwich shops, coffee shops, schools, nursing homes and other facilities that prepare, service or otherwise make foodstuff available for consumption. Trucks containing mobile kitchens shall discharge their grease containing wastewater to a discharge point that has a grease interceptor installed such as a commissary or as otherwise required by the City. These facilities shall install and maintain a gravity grease interceptor (GGI) within ninety (90) days of being notified of such requirement.

         c.    When GGI Required: No food service establishment covered by subsection (N)2b of this section shall discharge or cause to be discharged any wastewater containing free or floating oil and grease, or any discharge containing animal fat or grease by- product in excess of two hundred milligrams per liter (200 mg/L). Unless otherwise approved by the City Manager, a food service establishment shall install and properly operate and maintain a gravity grease interceptor, implement all required BMPs and not violate a general or specific prohibition as specified in subsection (C) of this section.

         d.    Prior Installation Of GGI: A GGI that was legally and properly installed at an industrial user's facility prior to the effective date of these regulations shall be acceptable as an alternative if such device is effective in removing floatable and settleable material and is designed and installed in such a manner that it can be inspected and properly maintained. If the City Manager determines at any time that such GGI is incapable of adequately retaining the floatable and settleable material or if it was installed in such a manner that it cannot be inspected and properly maintained, the industrial user shall install a GGI that complies with all City codes within ninety (90) days after being notified of such requirement.

         e.    Variance:

            (1)    A variance as to the requirements may be granted by the City Manager for good cause. The facility has the burden of proof of demonstrating through data and other information why a variance should be granted. In no case shall a variance result in violation of any Pretreatment Standard or Requirement specified in these regulations and applicable to the discharge. The granting of any variance shall be at the sole discretion of the City Manager and may be revoked at their discretion.

            (2)    If a variance is granted, the facility shall institute Best Management Practices and other mitigation measures as specified by the City Manager. These BMPs may include, but not be limited to:

   A.    Allow the installation of a hydromechanical grease interceptor (HMGI) or continue to allow the use of an HMGI in lieu of installing a GGI, where the HMGI is shown to be effective. If a HMGI is not shown to be effective, the City Manager may require the industrial user to install a GGI.

   B.    All sinks and drains which are connected to the sanitary sewer shall be equipped with a fixed or removable mesh or screen which shall catch garbage and food debris and prevent it from entering the sewer system.

   C.    Food grinders are prohibited unless the industrial user installs and properly operates a solids separator prior to discharge to the POTW.

   D.    Biological treatment or enzyme treatment shall not be used unless approved by the City Manager. Use of enzymes or other chemical or biological treatment or product that emulsifies or acts to emulsify FOG is prohibited.

   E.    An employee training program shall be instituted on a periodic basis and for all new employees on FOG waste management.

   F.    Provide quarterly cleaning of its private service line to prevent the buildup of oil, grease and solids or as otherwise specified by the City Manager.

   G.    Submit records of the private service line cleaning as specified by the City Manager.

   H.    Pay the costs incurred by the City or other jurisdiction for accelerated sewer line cleaning on the sewer line providing service between the facility and the POTW, costs to the City for treating the excess strength waste and any costs for sampling and analysis.

         f.   General Control Requirements:

            (1)    A GGI shall be required for the proper handling of liquid wastes which may be harmful to, or cause obstruction in the wastewater collection system or cause or contribute to pass through or interference.

            (2)    It shall be the responsibility of the industrial user and/or owner of the property to contact the City for obtaining necessary permits for the installation of a grease removal device or any modifications to the facility's plumbing. Written approval from the City must be obtained prior to installation of the interceptor. The time of review and approval of such permits shall in no way relieve the industrial user from the responsibility of producing a discharge acceptable to the City under the provisions of these regulations.

            (3)    The design and sizing of GGIs shall be in accordance with applicable City Building Codes or the Building Codes that are in effect for the FOG facility if located in another jurisdiction. The GGI shall be designed, sized, installed, maintained and operated to accomplish the intended purpose of intercepting pollutants from the industrial user's wastewater and preventing the discharge of such pollutants to the City's wastewater collection system, including pollutants that result in toxic, noxious or malodorous conditions that create a public nuisance or unsafe working conditions, which endanger life or the environment.

            (4)    Upon change of ownership of any existing facility which would be required to have an interceptor under these regulations, the applicant for sanitary sewer service shall have the burden to demonstrate that a properly sized and functioning GGI is installed.

            (5)    All sinks which are connected to a GGI shall be equipped with a fixed or removable mesh or screen which shall catch garbage and food debris and prevent it from entering the GGI. Food grinders are prohibited unless the industrial user installs and properly operates a solids separator prior to the GGI.

            (6)    The industrial user must ensure interceptors are easily accessible for inspection, cleaning, and removal of FOG.

            (7)    The industrial user must maintain interceptors at their expense and keep in efficient operating condition at all times by the regular removal of accumulated FOG.

            (8)    Each industrial user that is required to use and maintain a GGI shall keep a record of every time the GGI is pumped, cleaned or repaired. This record shall include the date, the name of the company that pumped or cleaned the GGI and the amount of waste that was removed. Such records shall be made available to the City Manager upon request. The removed contents from any GGI shall be handled by a person licensed to haul such waste and shall be disposed of in accordance with Federal, State and local regulations.

         g.    Required Maintenance:

            (1)    GGIs shall be maintained by regularly scheduled cleaning so that they will properly operate as intended to efficiently intercept the fats, oil and grease from the facility's wastewater and prevent the discharge of said materials into the City's wastewater collection system. A GGI shall be serviced at a minimum of every ninety (90) days, whenever the combined thickness of the floating greases and settled solids is greater than twenty five percent (25%) of the hydraulic working capacity of the GGI or if toxic, noxious, malodorous conditions create a public nuisance or unsafe working conditions which endanger health.

            (2)    The City may require more frequent cleaning than that prescribed in subsection (N)2g(1) of this section. A variance from the requirement in subsection (N)2g(1) of this section may be obtained if the industrial user can demonstrate through analytical data that less frequent cleaning is sufficient.

            (3)    Maintenance of grease interceptors shall be done in a workman-like manner only by a business/professional normally engaged in the servicing of such plumbing fixtures.

            (4)    In the event a GGI is not properly maintained by the industrial user, owner, lessee, or other authorized representative of the facility, the City may authorize such maintenance work be performed on behalf of the industrial user. The costs of such maintenance shall be billed directly to the tenant/owner and shall become part of the charges due and owing to the City.

            (5)    Biological treatment or enzyme treatment shall not be a substitute for the servicing of a GGI. Use of enzymes or other chemical or biological treatment or product that emulsifies or acts to emulsify FOG is prohibited.

            (6)    The industrial user must document each pump-out with a waste manifest or trip ticket and kept by the industrial user on site for at least three (3) years.

            (7)    The industrial user must take reasonable steps to assure that all waste is properly disposed of in accordance with Federal, State and local regulations (i.e., through a statement certifying proper disposal by the hauler included on the waste manifest or trip ticket for each load).

      3.   Best Management Practices For Oil/Water Separators:

         a.    Applicability: These Best Management Practices (BMPs) establish requirements for any facility that has the potential to discharge petroleum oil, mineral oil, cutting oils, non-food grease and solids. All facilities subject to these BMPs must comply with the requirements which include both the requirement for installation and proper operation and maintenance of a separator and other reporting requirements.

         b.    Oil/Water Separator Defined: "Oil/water separator" or "separator" is a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept sand (or other aggregate) and petroleum-based oil and grease from a wastewater discharge and are designed considering retention times, volumes in gallons calculated for each facility, and gravity separation; such interceptors include baffle(s) and a minimum of two (2) compartments.

         c.    Prior Installation: An oil/water separator that was legally and properly installed at an industrial user's facility prior to the effective date of this chapter shall be acceptable as an alternative if such device is effective in removing floatable and settleable material and is designed and installed is such a manner that it can be inspected and properly maintained. If the Director determines at any time that such separator is incapable of adequately retaining the floatable and settleable material or if it was installed in such a manner that it cannot be inspected and properly maintained, the industrial user shall install a separator that complies with all City codes within ninety (90) days after being notified of such requirement.

         d.    Implementation: These separator requirements may be implemented by letter, order or permit.

         e.    General Control Requirements:

            (1)    A separator shall be required for the proper handling of liquid wastes which may be harmful to, or cause obstruction in the wastewater collection system or cause or contribute to pass through or interference.

            (2)    It shall be the responsibility of the industrial user and owner of the property, business or industry or an authorized representative of the industrial user to contact the City for obtaining a plan review. The plan review shall determine the need, size, location, and other requirements of the interceptor required to control discharges into the POTW. Written approval from the City must be obtained prior to installation of the separator and meet all applicable Building Codes. The review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter.

            (3)    Upon change of ownership of any existing facility which would be required to have a separator under this section, the applicant for sanitary sewer service shall have the burden to demonstrate that a properly sized and functioning separator is installed.

            (4)    Toilets, urinals and similar fixtures shall not waste through a separator. Such fixtures shall be plumbed directly into the building sewer and waste system.

            (5)    The industrial user shall ensure the separator is easily accessible for inspection, cleaning, and removal of sand, oils and other accumulated wastes.

            (6)    The industrial user shall always maintain separators at their expense and keep in efficient operating condition by the regular removal of waste materials.

         f.    Required Maintenance:

            (1)    Oil/water separators shall be maintained by regularly scheduled cleaning so that they will properly operate as intended to efficiently intercept the sand and oil from the industrial user's wastewater and prevent the discharge of said materials into the City's wastewater collection system. A separator shall be serviced at a minimum once per twelve (12) months or more frequently as necessary. The industrial user should periodically check the separator for the accumulation of pollutants or solids to avoid exceeding the capacity of the separator.

            (2)    The City may require more frequent cleaning. A variance from this requirement may be obtained when the industrial user can demonstrate with analytical data that less frequent cleaning is sufficient.

            (3)    Maintenance of separators shall be done in a workman-like manner only by a business/professional normally engaged in the servicing of such plumbing fixtures.

            (4)    In the event a separator is not properly maintained by the industrial user, owner, or lessee, the City may authorize such maintenance work be performed on behalf of the facility. The costs of such maintenance shall be billed directly to the customer and shall become part of the charges due and owed to the City.

            (5)    The industrial user must document each pump-out with a waste manifest or trip ticket and keep on site for at least three (3) years.

            (6)    The industrial user must take reasonable steps to assure that all waste is properly disposed of in accordance with Federal, State and local regulations (i.e., through a statement certifying proper disposal by the hauler included on the waste manifest or trip ticket for each load).

            (7)    Each industrial user that is required to use and maintain a separator shall keep a record of every time the separator is pumped or cleaned or repaired. This record shall include the date, the name of the company that pumped or cleaned the oil separator and the amount of waste that was removed. Such records shall be made available to the Director upon request. The removed contents from any separator shall be handled by a person licensed to haul such waste and shall be disposed of in accordance with Federal, State and local regulations.

      4.   Best Management Practices For The Acceptance Of Trucked And Hauled Waste: The requirements established in this subsection shall apply to persons and operators of companies who discharge trucked and hauled waste to the POTW, including any discharge that enters the City's sewerage system. Where the City elects to accept hauled waste, the following conditions will apply:

         a.    Locations And Times For Discharge Into POTW: Hauled wastes may be introduced into the POTW only at locations designated by the City Manager, and at such times as are established by the City Manager.

         b.    City Has Right To Refuse: The City shall have the right to refuse any hauled waste load.

         c.    No Violation Of Prohibited Discharge Standards: Waste haulers are prohibited from discharging wastes that would violate any prohibited discharge standards specified in subsection (C) of this section.

         d.   Hazardous Wastes: Waste haulers are prohibited from discharging hazardous wastes to the POTW or other wastes that are generated by a categorical industrial user as defined in subsection (B)1 of this section.

         e.    Pollutant Limitations: The waste hauler shall comply with specific pollutant limitations established by the City specific for the hauled waste to be discharged.

         f.    Authorization: The City shall require compliance with these BMPs by permit, authorization to discharge, letter, or another control mechanism. The City Manager may require generators of the hauled wastes to obtain a control mechanism.

         g.    Sampling And Analysis By City: The City may sample and analyze the hauled wastes or require the hauler to perform such sampling and analysis to verify that each hauled load complies with applicable Pretreatment Standards and/or Requirements.

         h.   Sampling And Analysis By Hauler: The City may sample and analyze the hauled wastes or require the hauler to perform such sampling and analysis at the location where the waste is generated.

         i.    Prior Approval: The City may require the industrial waste hauler to receive prior approval or consent before discharging.

         j.    Change In Nature Of Hauled Waste: The waste hauler must notify the City of any new commercial or industrial customers or changes in the nature of hauled waste originating from existing customers. Customer lists shall be considered confidential business information if so designated by the waste hauler.

         k.    Restriction On Number Of Loads And Discharge Rate: The City may restrict the maximum number of loads that a waste hauler may discharge during a specific period of time, and the discharge rate of each load.

         l.    Manifest Form Required; Content: Waste haulers must provide a manifest form or similar trip ticket for every load prior to discharge. The form or ticket shall include, at a minimum:

            (1)    The name and address of each customer or source of waste;

            (2)    Permit number;

            (3)    Truck identification;

            (4)    Volume of wastewater from each source;

            (5)    Type of waste to be discharged;

            (6)    Known or suspected pollutants present in load(s);

            (7)    Signatory certification; and

            (8)    Certification that the hauled waste is not hazardous.

         m.    City Approval Of Manifest Form: The waste hauler shall use a manifest form/trip ticket approved by the City.

         n.    Fees: The City may impose fees or charges for hauled wastes.

         o.    Waste Hauler Responsibilities: The waste hauler shall:

            (1)    Maintain tanks, pumps, valves, hoses, racks, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks.

            (2)    Provide a safety plug or cap for each tank.

            (3)    Ensure that the vehicle exterior is clean at the beginning of each work day (prior to entry to the POTW).

            (4)    Clean the inside of tanks to ensure that non-permitted residual wastes are not left in the tank and allowed to mix with permitted wastes.

            (5)    Ensure that tanks are an integral part of a vehicle to transport liquid waste. Portable tanks or other containers temporarily installed in vehicles are prohibited (unless prior approval is obtained from the City, e.g., portable toilets).

            (6)    Piping, valves, and connectors (excluding the discharge hose) shall be permanently attached to tank and/or vehicle.

            (7)    Tanks must be liquid tight, and tanks constructed so that every interior and exterior portion can be easily cleaned.

            (8)    Opening of tank to be constructed so that collected waste will not spill during filling, transfer, transport or disposal.

            (9)    Outlet connections to be constructed so that no liquid waste will leak, run, or spill out from the vehicle.

            (10)    Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage and undue spray on or flooding of immediate surroundings while in use.

            (11)    Pumps, valves, cylinders, diaphragms, and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning.

         p.    Authorized Disposal Site: Only a disposal site authorized in writing by the City Manager shall receive trucked and hauled waste. Disposal of trucked and hauled wastes at sites other than those allowed by permit is prohibited and a violation of these regulations.

         q.    Sanitation And Safety Standards: Each hauler who discharges wastes to the system shall be responsible for the cleanliness and safety practices at the points of disposal. It shall be the responsibility of the industrial user to discharge wastes in such a manner as to keep the area clean and free from spills or other debris. Any spills shall be promptly cleaned up. The permittee is also responsible for keeping their vehicle and related facilities clean and in good repair while being used for disposal to the POTW. These sanitary and safety practices shall be carried out in a manner acceptable to the City. Failure to comply with these sanitation and safety standards shall be grounds for suspension of the authorization to discharge.

         r.    Quality Of Wastes: Wastes approved for discharge to the POTW shall be representative of what the waste hauler disclosed in the manifest. The waste hauler consents to the City's right to sample and analyze the contents of any vehicle utilizing the POTW for the discharge of wastes and charge the user for such sampling and analytical costs. The purpose of such sampling and analysis will be to determine conformance with these regulations. It shall be the responsibility of the industrial user to assist in sample collection as directed by the City.

         s.    Performance Bond: All trucked and hauled waste haulers may be required to obtain bonding in an amount as specified by the City and indemnifying the City against damages sustained by any reason; any spill, dumping or discharge of any liquid waste, hazardous waste, or incompatible waste within the jurisdictional limits of the City. Proof of bonding shall be provided to the City prior to authorization to discharge. In addition, the City may decline to authorize discharge to any user who has failed to comply with any provision of these regulations unless such industrial user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City to be necessary to achieve consistent compliance.

         t.    Suspension Of Discharge: The City, at its discretion, may revoke the authorization to discharge and take other enforcement actions as specified in subsection (O) of this section. Violations that may result in a suspension of authorization to discharge include:

            (1)    Failure to submit accurate reports;

            (2)    Failure to submit timely reports;

            (3)    Failure to pay proper charges;

            (4)    Failure to maintain the vehicle as required;

            (5)    Failure to discharge at an authorized disposal site;

            (6    Failure to meet sanitation standards;

            (7)    Discharging of industrial sludges or other unacceptable wastes into the system;

            (8)    Suspension as necessary to protect the POTW;

            (9)    Failure to maintain valid and current registrations, permits, and licenses as required by any local, State or Federal regulation or requirement; or

            (10)    Other violations of these regulations.

      5.   Best Management Practices For Dental Facilities:

         a.    Applicability: These BMPs apply to dental dischargers. Dental dischargers are not significant industrial users unless the City designates the dental discharger as such. Dental dischargers are not categorical industrial users as defined in subsection (B)1 of this section. These BMPs do not apply to dental dischargers that:

            (1)    Exclusively practice one or more of the following dental specialties: oral pathology, oral and maxillofacial radiology, oral and maxillofacial surgery, orthodontics, periodontics, or prosthodontics;

            (2)    Discharge wastewater from a mobile unit operated by a dental discharger;

            (3)    Do not discharge any amalgam process wastewater to a POTW, such as dental dischargers that collect all dental amalgam process wastewater for transfer to a centralized waste treatment facility as defined in 40 CFR part 437;

            (4)    Do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances defined herein as less than ten (10) times per year, and that certify such to the City as required in 40 CFR section 441.50.

         b.    Definitions:

    AMALGAM PROCESS WASTEWATER: Means any wastewater generated and discharged by a dental discharge facility through the practice of dentistry that may contain dental amalgam.

   AMALGAM SEPARATOR: Is a collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental facility.

   DENTAL AMALGAM: Is an alloy of elemental mercury and other metals that is used in the practice of dentistry.

   DENTAL DISCHARGER: Is a dental discharge facility where the practice of dentistry is performed, including, but not limited to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and operated by Federal, State or local governments, that discharges wastewater to a POTW.

   MOBILE UNIT: Is a specialized mobile self-contained van, trailer, or equipment used in providing dentistry services at multiple locations.

   NEW SOURCE DENTAL DISCHARGE FACILITY: Is a dental discharge facility whose first discharge to a POTW occurs on or after July 15, 2017, or where a transfer of ownership occurred on or after July 15, 2017.

         c.    Reporting: The duly authorized representative of a dental discharge facility shall submit a Dental Discharger Survey and one-time certification to the City on a form provided by the City. One-time certification reports shall be maintained permanently by the dental discharge facility.

            (1)    A new source dental discharger shall provide the dental user survey and one-time certification within ninety (90) days of discharge to the sanitary sewer system.

            (2)    An existing source dental discharger shall provide the dental user survey and one-time certification to the City by October 12, 2020.

            (3)    Exempt dental dischargers shall provide the dental user survey and one-time certification by October 12, 2020, or within ninety (90) days of operation if a new facility.

         d   . Amalgam Separator Requirements:

            (1)    A new source shall install, operate, and maintain an amalgam separator or device compliant with 40 CFR section 441.30 prior to discharge to the POTW.

            (2)    All dental facilities that discharge amalgam process wastewater to the POTW shall install an amalgam separator or device and implement the required Best Management Practices (BMPs) in accordance with this section.

            (3)    Existing sources shall install, operate, and maintain an amalgam separator compliant with 40 CFR section 441.30 by July 14, 2020. Existing facilities with non-compliant amalgam separators shall comply by June 14, 2027, unless replaced earlier due to malfunction.

         e.    Amalgam Separator Required Best Management Practices:

            (1)    These BMPs are not required for an exempt dental discharger.

            (2)    As referenced above, amalgam separators shall be installed in all dental facilities and meet the following criteria:

   A.    The amalgam separator shall be compliant with 40 CFR section 441.30(1) and certified to meet at least a ninety five percent (95%) solids removal efficiency as specified by Federal or State regulations per 40 CFR section 441.30(1)(i).

   B.    The amalgam separator shall be designed and approved for a flow rate capable of handling the maximum volume discharged from the dental facility.

   C.    The amalgam separator shall allow the dental discharge facility to make direct observations as to the level of solids in the collection container, proper solid and liquid separation, and the condition of all plumbing connections.

   D.    The amalgam separator shall be installed so that all amalgam contaminated wastewater passes through the unit before being discharged to the POTW.

   E.    The amalgam separator shall be installed so they are accessible for cleaning and inspection.

   F.    The amalgam separator shall be serviced at a minimum of once every twelve (12) months, in accordance with the manufacturer's instructions or more frequently if visual inspections indicate that the level of solids is at or over eighty five percent (85%) of the recommended maximum level whichever is more stringent.

   G.    Amalgam waste removed from the amalgam separator shall be collected and handled in accordance with the manufacturer's instructions and Federal, State, and local laws and regulations.

            (3)    Each dental discharge facility shall ensure dental amalgam wastestreams from chair side traps, screens, vacuum pump filters, dental tools, cuspidors, or collection devices discharge through an appropriate amalgam separator.

            (4)   Each dental discharge facility shall operate and maintain all equipment in accordance with the manufacturer's instructions.

            (5)    Each dental discharge facility shall use disinfecting line cleaners that are non-acidic and non-oxidizing with a pH between 6 - 8 standard units. Prohibited cleaning chemicals include but are not limited to: bleach; chorine; iodine; and peroxide chemicals and other oxidizing cleaners.

            (6)    All water containing amalgam waste shall be plumbed through the amalgam separator. When cleaning, ensure all filters or traps are rinsed over sinks or drains that discharge to the amalgam separator.

            (7)    Each dental discharge facility shall ensure proper disposal of amalgam waste through a licensed amalgam recycler or a permitted, licensed, treatment, dangerous waste storage or disposal facility in accordance with Federal, State and local regulations.

            (8)    The dental discharge facility shall not cause or contribute to pass through or interference, violate a specific prohibition as specified in subsection (C) of this section or cause the City to exercise its emergency authority as specified in subsection (O)3 of this section.

         f.    Record Keeping: All records shall be kept on site for a minimum of three (3) years and shall be made available to the City. Each dental discharge facility shall maintain records of:

            (1) Amalgam Disposal: Records shall include the date, name and address of the facility where amalgam waste is shipped, and the amount shipped;

            (2) Visual Inspections: Inspection logs shall include the date and time of the visual inspection, name and initials of person conducting the inspection, level of solids, maintenance needed, or other identified problems (e.g., leaks); and

            (3) Amalgam Separator: Records shall include all maintenance and service completed on the amalgam separator.

         g. Business Modifications:

            (1) The dental discharge facility shall inform the City prior to:

   A. Sale or transfer of ownership of the facility;

   B. Change in the trade name under which the business is operated;

   C. Change in the nature of the services provided that affects the potential to discharge amalgam; or

   D. Remodel of the facility that may result in an increase in flow or pollutant loading or that otherwise requires the facility to submit plans or specifications for approval through a Building or Zoning Department, or any other formal approval process by the City.

         h. Inspections And Data Collection:

            (1) The City may conduct inspections and/or require an additional or updated dental user survey for any dental discharge facility. Inspections may be conducted unannounced for determining applicability and/or compliance with the required BMPs.

            (2) If an inspection reveals noncompliance with any provision of the required BMPs, corrective action shall be required. The corrective action shall not limit the ability of the City to take enforcement action.

         i. Closure: The City may require closure of plumbing, treatment devices, storage components, containments, or other such physical structures that are no longer required for their intended purpose. Closure may include the decommissioning and removal of equipment.

   (O)   Compliance And Enforcement:

      1.   Enforcement Response Plan: The City may adopt enforcement policies and procedures as set forth in the City's Pretreatment Enforcement Response Plan for carrying out the provisions of these regulations.

      2.   Publication Of Industrial Users In Significant Noncompliance: The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the significant industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements and meets any of the criteria below. In addition, any industrial user found to be in significant noncompliance with subsection (O)2c, (O)2d or (O)2h of this section shall also be published in the newspaper. The following criteria shall be used to define significant noncompliance:

         a. Chronic violations of wastewater discharge limits in which sixty six percent (66%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period exceed by any magnitude, a numeric Pretreatment Standard or Requirement, including instantaneous limits;

         b. Technical review criteria (TRC) violations, defined here in which thirty three percent (33%) or more of all measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including, instantaneous limits, multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

         c. Any other violation(s) of a Pretreatment Standard or Requirement, including daily maximum, long-term average, instantaneous limit or narrative standard, that the City determines to have caused, alone or in combination with other discharges, pass through and/or interference including endangering the health of the general public or the health of POTW personnel;

         d. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City exercising its emergency authority to halt or prevent such discharge;

         e. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or compliance order for starting construction, completing construction, or attaining final compliance;

         f. Failure to provide, within thirty (30) days after the due date, any required report, including a Baseline Monitoring Report, 90-Day Compliance Report, periodic self-monitoring reports, and reports on compliance with compliance schedules;

         g. Failure to accurately report non-compliance; or

         h. Any other violation or group of violations, which may include a violation of Best Management Practices, which the City determines will adversely affect the operation or implementation of the local Pretreatment Program.

      3.   Administrative Enforcement:

         a. Notice Of Violation (NOV): Whenever the City Manager finds that an industrial user has violated or continues to violate, any provision of these regulations, an industrial wastewater discharge permit, authorization, order or other control mechanism issued hereunder, or any other Pretreatment Standard or Requirement, the City Manager may serve upon such industrial user a written Notice of Violation. Within five (5) working days of the receipt of such notice, an explanation of the violation and a plan for satisfactory correction and prevention of further violations shall be submitted to the City Manager. Submission of such a plan in no way relieves the industrial user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

         b. Administrative Order: When the City finds that an industrial user has violated, or continues to violate, any provision of these regulations, an industrial wastewater discharge permit, authorization or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may issue an Administrative Order to the industrial user responsible for the discharge directing that the industrial user come into compliance within a specific time. If the industrial user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Administrative orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the POTW. An Administrative Order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the industrial user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user.

         c. Consent Order: The City may enter into a Consent Order, assurances of voluntary compliance, or other similar documents establishing an agreement with any industrial user responsible for noncompliance. Such documents shall include specific actions to be taken by the industrial user to correct the noncompliance within a time period specified by the document. A Consent Order may include penalties, supplemental environmental projects, or other conditions and requirements as agreed to by the City and the industrial user. A Consent Order shall have the same force and effect as an Administrative Order and shall be judicially enforceable.

         d. Show Cause Hearing:

            (1) The City Manager, when he or she finds that an industrial user which has violated, or continues to violate, any provision of these regulations, an industrial wastewater discharge permit, authorization or order issued hereunder, or any other Pretreatment Standard or Requirement, may order the industrial user to appear before the City Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

            (2) After the City Manager has reviewed the evidence, the City Manager may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate to correct the violation may be issued.

         e. Cease And Desist Order:

            (1) When the City Manager finds that an industrial user has violated, or continues to violate, any provision of these regulations, an industrial wastewater discharge permit, authorization or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the industrial user's past violations are likely to recur, the City Manager may issue a Cease and Desist Order to the industrial user directing it to cease and desist all such violations and directing the industrial user to:

               A. Immediately comply with all requirements; and

               B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

            (2) Issuance of a Cease and Desist Order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user.

         f. Administrative Fines:

            (1) When the City Manager finds that an industrial user has violated, or continues to violate, any provision of these regulations, an industrial wastewater discharge permit, authorization or order issued hereunder, or any other Pretreatment Standard or Requirement, the City Manager may fine such industrial user in an amount not to exceed one thousand dollars ($1,000.00) per violation per day. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. The City may add the actual costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

            (2) Unpaid charges, fines, and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of twenty five percent (25%) of the unpaid balance. Interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the industrial user's property will be sought for unpaid charges, fines, and penalties. The failure to pay a penalty may be the basis for revocation of the industrial wastewater discharge permit as specified in subsection (F)13 of this section.

            (3) Industrial users that dispute such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the City may convene a hearing on the matter. In the event the industrial user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the industrial user.

            (4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the industrial user.

         g. Emergency Suspension Of Service:

            (1) Endangerment To Health Or Welfare Of The Community: The City, through other than a formal notice to the affected industrial user, may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW of the City or any wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of the community.

            (2) Endangerment To Environment Or Treatment Works: The City, after written notice to the discharger may halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW, wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever such discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW.

            (3) Compliance: Any person notified of a suspension of the wastewater treatment service and/or the industrial wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to individuals or the environment. The City may reinstate the industrial wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge.

            (4) Statement Provided: A detailed written statement submitted by the industrial user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be provided to the City within five (5) days of the date of occurrence. Suspension of service shall not be a bar against, or a prerequisite for, taking any other action against the industrial user.

         h. Revocation Of Industrial Wastewater Discharge Permit Or Authorization To Discharge:

            (1) A violation of the conditions of an industrial wastewater discharge permit, authorization, or order under these regulations or of applicable State or Federal regulations shall be reason for revocation of such permit or authorization to discharge by the City as provided for in subsection (F)13 of this section. Upon revocation of the permit, any wastewater discharge from the affected industrial user shall be considered prohibited and discharge of such wastewater in violation of these regulations.

            (2) Any industrial user whose industrial wastewater discharge permit or authorization to discharge is revoked or who is served with a notice of an intended order for the revocation of the industrial user's authorization to discharge may file with the City Manager a request for a hearing with respect thereto; provided, however, that the filing of such a request shall not stay the existing or proposed suspension.

            (3) If a hearing is requested with respect to an existing or proposed suspension or revocation, other than the suspension of service because of an action taken by the City under subsection (O)3g of this section the City Manager shall hold a hearing following the process in subsection (O)3d of this section.

      4.   Judicial Enforcement Remedies:

         a. Injunctive Relief: When the City finds that an industrial user has violated, or continues to violate, any provision of these regulations, an industrial wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial wastewater discharge permit, order, or other requirement imposed by these regulations on activities of an industrial user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the industrial user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against an industrial user.

         b. Civil Penalties:

            (1) An industrial user who has violated, or continues to violate, any provision of these regulations, an industrial wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the City for a maximum civil penalty not to exceed one thousand dollars ($1,000.00) per day per violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.

            (2) The City may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

            (3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against an industrial user.

         c. Civil/Administrative Fine Pass Through: If an industrial user discharges such pollutants which cause the City to violate any condition of its NPDES permit and the City is fined by the EPA or the State for such violation, then such industrial user shall be fully liable for the total amount of the fine assessed against the City by the EPA and/or the State.

         d. Criminal Penalties:

            (1) An industrial user that willfully, recklessly or negligently violates any provision of these regulations, including making false statements, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation and/or by imprisonment up to six (6) months. Each day any violation of these regulations occurs shall constitute a separate offense.

            (2) The City may refer violations that may warrant criminal prosecution to the U.S. Attorney General's Office, State Attorney General, EPA Criminal Investigation Division or other appropriate agency. This referral shall not preclude the City from taking a parallel administrative or civil enforcement action.

      5.   Other Actions By The City:

         a. Liability Insurance: The City may decline to issue or reissue an industrial wastewater discharge permit to any industrial user who has failed to comply with any provision of a permit, these regulations or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

         b. Performance Bonds: The City may decline to issue or reissue an industrial wastewater discharge permit to any industrial user who has failed to comply with any provision of a permit, these regulations or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City to be necessary to achieve consistent compliance.

         c. Water Supply Severance: Whenever a user has violated or continues to violate any provision of these regulations, an industrial wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the industrial user may be severed. Service will only recommence, at the industrial user's expense, after it has satisfactorily demonstrated its ability to comply.

         d. Public Nuisance: A violation of any provision of these regulations, an industrial wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or Requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the City. Any person(s) creating a public nuisance shall be subject to the provisions of the City codes governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.

         e. Vandalism: No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the penalties adopted by the City for such violations.

   (P)   Affirmative Defenses To Discharge Violations:

      1.   Upset:

         a. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

         b. An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of subsection (P)1c of this section, are met.

         c. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

            (1) An upset occurred, and the industrial user can identify the cause(s) of the upset;

            (2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

            (3) The industrial user has submitted the following information to the City Manager within twenty four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days):

               A. A description of the indirect discharge and cause of noncompliance;

               B. The period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue; and

               C. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

         d. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

         e. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with Categorical Pretreatment Standards.

         f. Users shall control (decrease) production of all discharges to the extent necessary to maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

      2.   Prohibited Discharge Standards: An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions at subsection (C)1 of this section and the specific prohibitions in subsection (C)2c, (C)2d, (C)2e, (C)2f, or (C)2g of this section where the industrial user can demonstrate that:

         a. It did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference; and

         b. A local limit designed to prevent pass through and/or interference was developed for each pollutant in the industrial user's discharge that caused pass through or interference, and the industrial user was in compliance with each such local limit directly prior to and during the pass through or interference; or

         c. If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed for the pollutant(s) that caused the pass through or interference, the industrial user's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with the POTW's NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.

      3.   Bypass:

         a. Definitions: For the purposes of this subsection:

    BYPASS: Means the intentional diversion of wastestreams from any portion of a user's treatment facility.

   SEVERE PROPERTY DAMAGE: Means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.

         b. Bypass For Essential Maintenance: An industrial user may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (P)3c and (P)3d of this section but are reportable under subsections (M)1, (M)4, (M)6, (M)10, and (M)11 of this section, as applicable.

         c. Notice:

            (1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the City Manager at least ten (10) days before the date of the bypass.

            (2) An industrial user shall submit oral notice to the City Manager of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty four (24) hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The City Manager may waive the written report on a case-by-case basis if the oral report has been received within twenty four (24) hours.

         d. Exceptions: Bypass is prohibited, and the City Manager may take an enforcement action against an industrial user for a bypass, unless:

            (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

            (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

            (3) The industrial user submitted notices as required under subsection (P)3c of this section.

         e. The City Manager may approve an anticipated bypass, after considering its adverse effects, if the City Manager determines that it will meet the conditions listed in subsection (P)3d of this section.

   (Q)   Pretreatment Charges And Fees: The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include, but not limited to:

      1.   Fees for wastewater discharge permit applications including the cost of processing such applications;

      2.   Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

      3.   Fees for reviewing and responding to accidental discharge procedures and construction;

      4.   Fees for filing appeals; and

      5.   Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the City.

   (R)   Severability: If any portion of these regulations, as now or hereafter amended, or its application to any person or circumstances, is held invalid, unenforceable or unconstitutional, such adjudication shall not affect the validity of these regulations, as now or hereafter amended, or any section, provision or part hereof or thereof not adjudicated to be invalid, unenforceable or unconstitutional, and its application to other persons or circumstances shall not be affected.

   (S)   Remedies Non-Exclusive: The remedies provided for in these regulations are not exclusive of any other remedies that the City may have under Idaho law. The City may take any, all, or any combination of actions described in these regulations against an industrial user who violates these regulations. The City may seek damages from any industrial user who discharges or causes to be discharged to the POTW, any pollutant that causes damage or detrimental effects on the POTW or otherwise causes the City to expend resources to respond to such discharge. Furthermore, the City may pursue any other available remedies that exist in law or equity against an industrial user that violates these regulations. Enforcement for violations of these regulations will generally be in accordance with subsection (O) of this section and the Enforcement Response Plan. (Ord. 1357, 3-19-2019; amd. Ord. 1369, 11-19-2019)