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(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)
(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)
(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)
To pay the costs of operating the city’s pretreatment program, the city shall adopt charges and fees in accordance with the standards set forth in Article III. The fees and charges may include the following:
(A) Fees for reimbursement of costs of setting up and operating the city’s pretreatment program;
(B) Fees for monitoring, inspections and surveillance procedures;
(C) Fees for reviewing accidental discharge procedures and construction;
(D) Fees for permit applications;
(E) Fees for filing appeals;
(F) Fees for consistent removal by the city of pollutants otherwise subject to federal pretreatment standards;
(G) Other fees as the city may deem necessary to carry out the requirements of this division.
(1993 Code, § 68-190) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
(A) It shall be unlawful to discharge without a city permit to any natural outlet within the city or in any area under the jurisdiction of the city or to the POTW any wastewater except as authorized by the Director in accordance with this article.
(B) All major contributing industries proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW.
(C) Users required to obtain a wastewater contribution permit shall complete and file with the city an application in the form prescribed by the city and accompanied by a fee. Proposed new users shall apply for a wastewater contribution permit at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the information required. The following information shall also be submitted:
(1) A base line monitoring report (BMR) must be submitted at least 90 days prior to commencement of the discharge. The required sampling, for BMRs, will be based on both grab samples and composite samples. If known pollutants which are limited by the city, state, or federal agency are discovered in the discharge, a statement must be prepared regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards;
(2) If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment shall be submitted to the Director. 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:
(a) 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 user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing final plans, executing contract for major components, commencing construction, completing construction, and the like);
(b) No increment referred to in subsection (C)(2)(a) of this section shall exceed 9 months;
(c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent, 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 user to return the construction to the schedule established. No more than 9 months shall elapse between such progress reports to the manager.
(3) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
(D) Within 9 months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by this section.
(E) Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(2) Limits on the maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards of tests and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports;
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording the city access thereto;
(9) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater system;
(10) Requirements for notification of sludge discharges;
(11) Other conditions as deemed appropriate by the city to ensure compliance with this article.
(F) Permits shall be issued for a specified time period, not to exceed 3 years. A permit may be issued for a period less than 1 year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(G) Wastewater contribution permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city. If a transfer is granted, a copy of the existing control mechanism must be provided to the new owner or operator.
(H) Any user, categorical or noncategorical, issued a wastewater discharge permit shall submit to the superintendent during the months of June and December, unless required more frequently, a report indicating the nature and concentration of pollutants in the effluent and any other information the superintendent deems necessary as listed in § 68-174.
(I) The superintendent may impose mass limitations on users in cases where they are appropriate. In such cases, the report required by subsection (H) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
(J) Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before construction of the facility. The review of plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.
(K) A user to which a promulgated federal categorical pretreatment standard applies shall achieve compliance with such standard within the shortest time feasible, not to exceed 90 days.
(L) The surveillance reports referred to in this article shall be signed as follows:
(1) By a responsible corporate officer, if the user submitting the reports is a corporation. The term “responsible corporate officer” means:
(a) A 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
(b) The manager of 1 or more manufacturing, production or operation facilities employing more than 250 persons, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor, if the user submitting the reports is a partnership or sole proprietorship, respectively.
(3) By a duly authorized representative of the individual designated in subsection (L)(1) or (2) of this section, if:
(a) The authorization is made in writing by the individual described in subsection (L)(1) or (2) of this section;
(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager or a position of equivalent responsibility for environmental matters for the company; and
(c) The written authorization is submitted to the superintendent.
(4) If an authorization under this subsection 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 must be submitted to the superintendent prior to or together with any reports to be signed by an authorized representative.
(5) Compliance reports by non-domestic users must contain the certification statement requried by 40 CFR 403.6(a)(2)(ii).
(M) It is the responsibility of the permitter to notify the new permittee, at the time that the permit is granted, of all specifications and regulations that the permittee is responsible to comply with.
(1993 Code, § 68-191) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)
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