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Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
PARALLEL REFERENCES
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DIVISION 5. PRETREATMENT
§ 68-186 PURPOSE AND POLICY.
   (A)   This division sets forth requirements for dischargers into the POTW wastewater collection systems, treatment systems, surface waters, groundwaters, storm sewers, septic systems, dry wells or on the ground and enables the city POTW to protect public health, the environment and the POTW in conformity with all applicable local, state and federal laws relating thereto.
   (B)   The objectives of this division are to:
      (1)   Control or prevent the introduction of pollutants into the municipal wastewater system which will interfere with the normal operation of the system or contaminate the resulting municipal sludge;
      (2)   Control or prevent the introduction of pollutants into the municipal wastewater system which do not receive adequate treatment in the POTW and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;
      (3)   Improve the opportunity to recycle and reclaim wastewater and sludge from the system;
      (4)   Control or prevent discharges or potential discharges (storage of materials) to systems or areas under the jurisdiction of this city that may impair the environment.
   (C)   The city will be responsible for the monitoring of the pretreatment program, unless the industrial user has written permission from the city to perform its own monitoring. If the city performs the monitoring, it has the right to demand reimbursement of all labor, maintenance and lab fees associated with the monitoring period. If the industrial user has written permission to perform its own monitoring, the industrial user must notify the POTW within 24 hours of a violation. It is also required that the industrial user resample and resubmit the results within 30 days to the POTW.
(1993 Code, § 68-186) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
§ 68-187 POTW INSPECTION, SURVEILLANCE AND MONITORING AUTHORITY; RIGHT OF ENTRY.
   (A)   In general. The POTW is authorized to carry out all inspection, surveillance, sampling and monitoring activities and procedures as necessary to determine, independent of information supplied by users or any other persons, compliance or noncompliance with applicable pretreatment standards and requirements, with this article, and with other applicable laws and regulations. This authority includes but is not limited to the authority:
      (1)   To verify the completeness, accuracy and representativeness of self-monitoring data submitted by users.
      (2)   To determine compliance with the requirements of this article or with wastewater discharge permits.
      (3)   To support enforcement actions taken by the POTW against non-compliant users.
      (4)   To determine if users have corrected problems identified in previous inspections.
      (5)   To identify which (and to what degree) users influence the quality of the POTW’s influent, effluent and sludge quality.
      (6)   To evaluate the impacts of the POTW’s influent on its treatment processes and receiving stream.
      (7)   To evaluate the need for revised local limits.
      (8)   To maintain current data on each user.
      (9)   To assess the adequacy of each user’s self-monitoring program and wastewater discharge permit.
      (10)   To provide a basis for establishing sampling and monitoring requirements for users.
      (11)   To evaluate the adequacy of each user’s operation and maintenance activities on its pretreatment system.
      (12)   To assess the potential for spills and/or slug discharge control measures, and evaluate the effectiveness of spill and slug discharge control measures.
      (13)   To gather information for user permit development.
      (14)   To evaluate compliance with existing enforcement actions.
      (15)   To require any user to submit one or more representative samples of the wastewater discharged or that the user proposes to discharge into the POTW.
   (B)   Right of entry. The POTW superintendent and other authorized representative of the city bearing proper credentials and identification are authorized to enter any premises which is connected to the POTW to conduct inspection, surveillance and monitoring activities as necessary to determine compliance with this article, and in that regard shall have, but shall not be limited to, the following authority:
      (1)   To enter into any premises of any user in which a discharge source, treatment system or activity is located or in which records are required to be kept as provided by this article, for the purpose of inspecting, observing, measuring, sampling and testing the wastewater discharge, removing samples of wastewater for analysis, and inspecting and making copies of required records. This shall include the right to take photographs.
      (2)   To set up and maintain on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, or to require the discharger to do so, at the discharger’s sole expense.
      (3)   To randomly sample and analyze the effluent from users and conduct surveillance activities to identify occasional and continuing noncompliance with applicable standards and requirements. The POTW shall inspect and sample the effluent from each significant industrial user at least once a year.
      (4)   To inspect any production, manufacturing, fabrication, or storage area where pollutants, subject to regulations under this article, could originate, be stored, or be discharged to the POTW.
      (5)   To enter all private properties through which the city or other governmental agency holds an easement for the purposes of, but not limited to, inspection observation, measurement, sampling, repair, and maintenance of any portion of the POTW or wastewater transmission facilities lying with the easement.
      (6)   City representatives entering a user’s premises for purposes authorized by this article shall comply with the user’s plant safety requirements regarding such matters as entry into confined spaces, use of safety glasses, and hearing protection requirements, as requested by the user. Entry shall be commenced and completed as expeditiously as practicable.
   (C)   Access without delay required. Users shall allow the POTW ready access to all reasonably times to all parts of the user’s facility where wastewater governed by this article is created, handled, conveyed, treated or discharged, or where any production, manufacturing, fabrication, or storage area where pollutants regulated under this article could originate, be stored, or be discharged to the POTW, or where wastewater records are kept, for the purposes of inspection, sampling, records examination, or in the performance of any of the POTW’s duties. If a user has security measures in force that would require proper identification and clearance before entry into the premises by the POTW, the user shall make necessary arrangements in advance with its security guards so that upon presentation of suitable identification, authorized representatives of the POTW (or authorized state or federal personnel) will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Upon arrival at the user’s premises, POTW representatives shall inform the user or its employees that inspections, sampling, compliance monitoring, metering or other POTW procedures are to be performed and that the user has the right to accompany the POTW employee/representative during the performance of his or her duties.
   (D)   Refusal to allow entry. If a user refuses to permit access (or unreasonably delays access) to an authorized POTW representative or to permit the representative to obtain, take, and remove samples or make copies of documents or undertake other authorized inspection, surveillance and monitoring activities as provided by this article, the POTW superintendent may order the termination of the discharge of wastewater to the POTW; order the user to permit access within a certain time, issue the user a notice of violation of this section, or take other appropriate action as provided by this article and other applicable laws and regulations, including, but not limited to, obtaining a court order.
(Ord. 2014-01, passed 1-27-2014)
§ 68-188 LIMITATION ON WASTEWATER STRENGTH.
   (A)   National categorical pretreatment standards. National categorical pretreatment standards, as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act (33 U.S.C. 1345 et seq.) and as adopted as Appendix C to this article, which appendix is on file in the office of the City Clerk, shall be met by all dischargers of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be considered for submittal to the regional administrator by the approval authority, when the approval authority’s wastewater treatment system achieves consistent removal of the pollutants as defined by 40 C.F.R. 403.7.
   (B)   State requirements. State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance.
   (C)   Right of revision. The approval authority reserves the right to amend this article to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in § 68-186.
   (D)   Dilution. No discharger shall increase the use of potable or process water in any way nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this article.
   (E)   Notice of potential problems. All categorical and noncategorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined by 40 C.F.R. 403.5(b), by the industrial user.
   (F)   Net/gross and federal categorical pretreatment standards. A user may apply to the city for an adjustment in a federal categorical pretreatment standard to reflect the presence of pollutants in the user’s intake water in accordance with 40 C.F.R. 403.15. If such an adjustment is made, the adjusted federal categorical pretreatment standard shall apply, provided the adjustment will not result in interference or pass through.
   (G)   Removal credits. Removal credits will be awarded to those POTWs who follow the requirements set in 40 C.F.R. 403.7.
   (H)   RCRA notification. It is the responsibility of the industrial user to notify the POTW, the EPA Regional Waste Management Director, and the state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. 261.
(1993 Code, § 68-187) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
§ 68-189 POTW’S RIGHT TO REFUSE OR CONDITION DISCHARGE; POLLUTANT REDUCTION PLANS, BEST MANAGEMENT PRACTICES.
   (A)   In general. The POTW may refuse to accept, or may condition the acceptance of, all or any portion of any proposed or existing discharge to the POTW, regardless of whether or not a wastewater discharge permit has been issued for the discharge, if the POTW superintendent determines that the discharge has a reasonable potential to adversely affect the operation of the POTW; result in pass through or interference; violate any pretreatment standard or requirement; cause the POTW to violate its NPDES permit; or if the impacts of the discharge on the POTW or the POTW’s discharge are uncertain or unknown (because, for example, no local limits or headworks analysis has been conducted for particular pollutants in the discharge). If the POTW superintendent denies any person permission to commence or continue all or any portion of a discharge or shall immediately terminate the discharge to the POTW, the person shall refrain from commencing to discharge or shall immediately terminate the discharge to the POTW and shall not thereafter recommence discharge without written authorization from the POTW superintendent. Similarly, if the POTW superintendent denies any person permission to commence or continue all or any portion of a discharge to the POTW except subject to conditions determined necessary and appropriate by the POTW superintendent, the person shall refrain from commencing or continuing the discharge except in full compliance with those conditions. Conditions may include, but are not limited to, the imposition of surcharges, pretreatment requirements, reduction plans, best management practices, and any other conditions or requirements, or combination thereof, determined necessary by the POTW superintendent to comply with the purposes and requirements of this article. The failure to comply with any condition or requirement imposed under this section or other provisions of this article constitutes a separate violation and shall be subject to fines, penalties and other sanctions as provided by this article.
   (B)   The POTW authority and the industry may enter into an agreement under which the authority may treat a particular waste, subject to payment therefor by the industry, unless prohibited by state or federal law.
   (C)   Pollutant reduction plans. If determined necessary by the POTW superintendent to prevent interference or pass through, to protect the POTW, to comply with applicable federal or state laws or regulations, to comply with the POTW's NPDES permit, or to otherwise meet the purposes and objectives of this article, any user determined by the POTW superintendent to have a reasonable potential to discharge any regulated pollutant (including, but not limited to, mercury or PCBs) to the POTW may be required to develop, submit for approval, and implement a reduction plan ("RP") for the pollutant, as provided by this section. The RP may be imposed as a condition to a wastewater discharge permit, or may be required independently by order of the superintendent and even if a wastewater discharge permit has been issued to the user.
      (1)   At a minimum, the RP shall contain such requirements and conditions, as determined necessary by the POTW superintendent to ensure that the pollutant reduction efforts will be effective in achieving the goals of this article (including, but not limited to, requirements and conditions regarding user source identification; best management practices; schedules of compliance; monitoring, sampling and analysis; reporting; treatment system for removal of the pollutant from the discharged wastewater; written procedures for disposal of contaminated wastes and wastewater; employee training, and ongoing employee training requirements regarding pollutant related issues; elimination, if feasible, of any purchased materials containing the pollutant; and any other elements determined necessary and appropriate under the circumstances by the POTW superintendent).
      (2)   The goals of an RP shall be to maintain the amount of one or more pollutants or substances at or below the applicable discharge limits or levels, to minimize discharge of a pollutant as much as possible, or such other goals as required by the POTW. The POTW superintendent may, in the superintendent's discretion, consider cost-effectiveness during the development and implementation of an RP.
      (3)   The POTW superintendent may require any user to submit an RP that describes the control strategy designed to proceed toward achievement of the specified goal and which shall at a minimum include, but shall not be limited to, all of the following as determined necessary by the POTW superintendent on a case-by-case basis;
         (a)   Periodic monitoring for the pollutant in the user's discharge.
         (b)   Periodic monitoring of the potential sources of the pollutant in the user's discharge.
         (c)   A commitment by the user that reasonable control measures and/or best management practices will be implemented when sources of the pollutant are discovered. Factors to be considered by the POTW may include the following:
            1.   Significance of sources.
            2.   Economic considerations.
            3.   Technical and treatability considerations.
            4.   Such other factors as determined appropriate by the POTW superintendent.
         (d)   An annual status report. The report shall be sent by the user to the POTW and shall include, at a minimum, all of the following:
            1.   All RP monitoring results for the previous year.
            2.   A list of potential sources of the pollutant in the user's discharge.
            3.   A summary of all actions taken by the user to reduce or eliminate the identified sources of the pollutant or substance.
      (4)   As determined necessary by the POTW superintendent, the superintendent may require a user to develop, submit and implement an RP for any pollutant or substance regulated by this article.
      (5)   Failure to submit an approvable RP within the specified deadlines or to fully and timely comply with any condition or requirement of an approved RP shall constitute a violation of this article, subject to the fine, penalty, and other enforcement provisions of this article.
      (6)   Holding enforcement action in abeyance. If the effluent sample analysis results in a user's discharge exceeding the applicable discharge limit, detection level, or quantification level for a pollutant, the POTW superintendent may, in the POTW superintendent's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement action regarding the prohibited discharge in abeyance, subject to the terms, conditions, and requirements of this subsection as follows:
         (a)   If an approved RP is already in place: If effluent sample analysis results exceed the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is already in place, then the POTW superintendent may, in the POTW superintendent's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement action regarding the prohibited discharge in abeyance for the period that the sample represents if the RP (and all terms, conditions and requirement thereof) is being fully and continually performed in good faith by the user, as determined by the POTW superintendent, and subject to all of the requirements and conditions of this section.
         (b)   If an approved RP is not already in place: If effluent sample analysis results exceed the applicable discharge limit, detection level, or quantification level for a pollutant for which an approved RP is not already in place, then the POTW superintendent may, in the POTW superintendent's sole discretion, nevertheless allow that discharge to continue and may hold any enforcement regarding the prohibited discharge in abeyance, subject to all of the requirements and conditions of this section, and provided further as follows: The user with the non-compliant discharge shall develop and implement an RP approved by the POTW superintendent to minimize the user's discharges of the pollutant in question to the POTW. The RP shall meet all of the requirements of this section.
         (c)   The following requirements and conditions shall apply to any situation under this subjection in which an enforcement action is held in abeyance as provided by this subsection (regardless of whether or not an RP was in place at the time of the non-compliance):
            1.   The user with the non-compliant discharge shall have a POTW-accessible point for monitoring all discharges from the user to the POTW. All costs and expenses for and related to the installation and maintenance of this monitoring point and any required sampling devices shall be paid for solely by the user.
            2.   The user with the non-compliant discharge shall routinely self-monitor its discharges and report results to the POTW for the pollutant in question using the sampling methods, procedures, preservation and handling, and analytical protocol required by the POTW superintendent and at the frequency specified by the POTW superintendent. All costs and expenses of this sampling and analysis shall be paid for solely by the user.
            3.   The POTW may collect any additional samples of the user's discharge as determined necessary by the POTW superintendent, all costs and expenses to be paid for by the user.
            4.   If the user complies with all of the requirements and conditions for the RP as specified by the POTW superintendent, and if the POTW superintendent determines that all reasonable and cost-effective actions based on the economic, technical, and treatability consideration, including, but not limited to, all elements of the user's RP, have been, and continue to be, fully and satisfactorily implemented by the user, then the POTW may, in its discretion, hold enforcement action in abeyance and allow the user to continue the non-compliant discharge.
            5.   Notwithstanding any provision of this subsection to the contrary, and regardless of whether a user fully complies with all requirements and conditions of this section and/or of an approved RP, the POTW superintendent shall have the unconditional right to prohibit and terminate any non-compliant discharge at any time and without prior notice, and to take any enforcement action in response thereto, including any enforcement action that had previously been held in abeyance under this subsection.
            6.   Notwithstanding any provision of this subsection to the contrary, the POTW superintendent shall not hold an enforcement action in abeyance as provided by this subsection unless the POTW superintendent has first obtained approval from MDEQ to do so for the specific pollutant parameter in question; provided, that such prior approval shall not be required for discharges of mercury or PCBs.
   (D)   Best management practices.
      (1)   The POTW superintendent may require any user to develop and implement best management practices to control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants or other substances from the user's premises to the POTW, as determined necessary by the superintendent.
      (2)   In addition, the POTW superintendent may require a user to develop and submit a Best Management Practices Plan ("BMPP"), including an enforceable implementation schedule, for review and approval by the superintendent. The BMPP shall be submitted within 30 days after notification by the superintendent or as otherwise required by a wastewater discharge permit or order. The BMPP shall be directed at preventing the entrance of pollutants, directly or indirectly, into the POTW. The BMPP shall be available for inspection at all times at the user's premises. At a minimum, a user's BMPP shall contain all of the following elements, as determined necessary by the POTW superintendent, at a level of detail and in units and terms as determined necessary by the superintendent to adequately evaluate the plan:
         (a)   A statement of the purpose and objectives of the plan.
         (b)   A description of the strategies, methods, policies and procedures to prevent, minimize or reduce the introduction of pollutants into the user's discharge and to minimize waste generation.
         (c)   A description of the options available to the user to control accidental spillage, leaks and drainage.
         (d)   A description of best available or practicable control technologies available for the user's specific circumstances.
         (e)   A detailed facility layout and site diagram showing points of entry in the POTW.
         (f)   A description of the waste handling, treatment and discharge disposal facilities, including flow diagrams and process schematics.
         (g)   A description of operating and maintenance processes and procedures.
         (h)   An inventory of raw materials and a list of waste sources, including a list of all chemicals used or stored at the facility.
         (i)   A description of employee training programs, policies and procedures; continuing education programs; and participation.
         (j)   A description of documentation, including record keeping and forms.
         (k)   A description of monitoring activities.
         (l)   An information log of facility personnel, organization chart, emergency phone numbers, contact person and maintenance or service representatives.
         (m)   Certification by a qualified professional that the plan is adequate to prevent spills, leaks, slug loads, or non-customary discharges of regulated substances, directly or indirectly, to the POTW.
         (n)   Such other information, documents or diagrams as require by the POTW superintendent, including, but not limited to, any of the information required under § 68-191 of this article.
      (3)   The BMPs or BMPP required of a user or approved for a user may be incorporated into a wastewater discharge permit issue to the user. If the user already has a wastewater discharge permit, the existing permit may be modified to incorporate the BMP requirements. If the user does not currently have a wastewater discharge permit, a permit may be issued for that purpose. Alternatively, BMPs or a BMPP may be required of a user independently by order of the superintendent and even if a wastewater discharge permit has not been issued to the user.
      (4)   The POTW superintendent may require revisions to users' BMPP if the superintendent determines that the plan contains elements that are inadequate, or as otherwise determined necessary by the superintendent to ensure compliance with applicable requirements of this article. Review of a BMPP by the superintendent shall not relieve the user from the responsibility to modify its facility as necessary to comply with local, state and federal laws and regulations.
   (E)   Mercury discharge limits. The instantaneous maximum concentration, daily maximum and monthly average discharge limits for mercury are non-detect when utilizing U.S. EPA Method 245.1 with a detection limit of 0.0002 mg/L.
      (1)   Discharge of detectable mercury prohibited; determining compliance. To determine compliance with the instantaneous maximum concentration, daily maximum and monthly average discharge limits for mercury a user's discharge shall be sampled and analyzed for detectable mercury. For the purpose of this article DETECTABLE MERCURY is defined to mean any wastewater, pollutant or substance containing mercury at or above the quantification level of the minimum mercury sampling and analytical protocol and methods required by this article or other more stringent methods required by the POTW superintendent.
      (2)   Minimum sampling and analytical protocol and methods.
         (a)   Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring of a user's discharge shall be in accordance with the U.S. EPA Method 245.1.
         (b)   For Method 245.1, the quantification level shall be 0.0002 mg/l, unless higher quantification levels are determined appropriate by the POTW superintendent because of sample matrix interference. Any discharge of mercury at or above 0.0002 mg/l using U.S. EPA Method 245.1 is prohibited as a discharge of detectable mercury.
(Ord. 2014-01, passed 1-27-2014)
§ 68-190 SPILL PREVENTION.
   (A)   Required. Each sewer system user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide for this protection shall be approved by the city before construction of the facility. No user who commences contribution to the POTW shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this article. Copies of the user’s spill prevention control and countermeasure (SPCC) and the pollution incidence prevention plan (PIPP) shall be filed with the city. Each user required to develop a PIPP as provided by Part 5 of the Michigan Water Resources Commission Rules, 1979 ACR 323.1151 et seq., as amended (promulgated pursuant to Part 31 of Act 451 of the Public Acts of Michigan of 1994 MCLA §§ 324.3101 et seq., as amended), shall submit a copy of that plan to the POTW superintendent. The PIPP shall be submitted to the superintendent within 60 days of the effective date of this article for an existing source, or 30 days prior to the date of discharge for a new source.
   (B)   Secondary containment requirements.
      (1)   Each user must provide and maintain at the user’s sole expense secondary spill containment structures (including diking, curbing or other appropriate structures) adequate to protect all floor drains from accidental spills and discharges to the POTW of any pollutants or discharges regulated by this article.
         (a)   The containment area shall be constructed so that no liquid polluting material can escape from the area by gravity through the building sewers, drains, or otherwise directly or indirectly into the POTW.
         (b)   The containment or curbing shall be sufficient to hold not less than 10% of the total volume of the tanks or containers within the secondary containment structure or provide a capacity of 100% of the largest single tank or container within the secondary containment structure, whichever is larger, unless a lesser containment area or alternate control measures are approved in advance by the POTW superintendent.
         (c)   The containment structure must accommodate “squirt distance.” Containers within the containment structure must be able to be placed sufficiently back from the edge of the structure so if punctured, the resulting leak will be contained.
         (d)   The containment structure must be designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25 year, 24-hour rainfall event.
         (e)   The containment structure shall be constructed with chemical-resistant water stops in place at all joints (if any) and be free of cracks or gaps.
         (f)   The containment structure shall be designed and installed to completely surround the tank or containers and to cover all surrounding earth likely to come into contact with the waste if released from the tank(s) or containers (i.e., capable of preventing lateral as well as vertical migration of the material).
         (g)   All floor drains found within the containment area must be plugged and sealed.
      (2)   Spill troughs and stumps within process areas must discharge to appropriate pretreatment tanks.
      (3)   Emergency containment shall also be provided for storage tanks that may be serviced by commercial haulers and for chemical storage areas.
      (4)   Solid pollutants shall be located in secure areas designed to prevent the loss of the materials in the POTW.
      (5)   Detailed plans showing facilities and operating procedures to provide the protection required by this section shall be submitted to the POTW superintendent for review, and shall be approved by the superintendent before construction. Construction of approved containment for existing sources shall be completed within the time period specified by the POTW superintendent.
      (6)   No new source shall be permitted to discharge to the POTW until emergency containment facilities have been approved and constructed as required by this section.
      (7)   The POTW superintendent may order a user to take interim measures for emergency containment as determined necessary by the superintendent under the circumstances.
   (C)   Immediate notice. For an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of the discharge, type of waste, concentration and volume and corrective actions.
   (D)   Written notice. Within 48 hours following an accidental discharge, the user shall submit to the manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.
   (E)   Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call if a dangerous discharge occurs. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
   (F)   Defense. A documented and verified, bona fide operating upset shall be an affirmative defense to any enforcement action brought by the city POTW against a discharger for any noncompliance with this article or any wastewater discharge permit, contract or waiver, pursuant to this article, which arises out of violations alleged to have occurred during the period of the upset.
(1993 Code, § 68-189) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
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