(a) Permit Requirements.
(1) It shall be unlawful for any existing industrial user within the City's sewer service area to discharge any wastewater to the POTW without first applying for an Industrial Waste Permit authorized by the Sanitary Board in accordance with the provisions of this article.
(2) All industrial users proposing to connect to or to contribute to the City's POTW shall apply for an Industrial Waste Permit before connecting to or contributing to the POTW. The Sanitary Board will determine if a permit is required.
(b) Permit Application.
(1) Users required to obtain an Industrial Waste Permit shall complete and file with the Sanitary Board, a permit application in the form prescribed by the Sanitary Board and accompanied by an application fee according to the fee schedule adopted by the Sanitary Board. Under the provisions of Section 937.05(b)(1), the Sanitary Board reserves the right to assess additional charges and fees to cover any reasonable costs incurred by the Sanitary Board in reviewing and processing the permit application. Existing significant industrial users shall apply for an Industrial Waste Permit within 90 days after written notification from the Sanitary Board that the user must obtain a permit. Proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the permit application, the user shall submit, in units and terms appropriate for evaluation, the following information wherever possible:
A. Name, address, and location of facility (if different from the mailing address).
B. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
C. Wastewater constituents and characteristics including but not limited to those mentioned in Section 937.03 as determined by a certified WVDEP analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
D. Time and duration of contribution.
E. Average daily and three-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.
F. Site plans, floor plans, mechanical and plumbing plans or sketches to approximate scale in sufficient detail to show all sewers, sewer connections, and appurtenances by the size, location, and elevation.
G. Description of activities, facilities, and plant processes on the premises, including a list of all toxic pollutants and pollutants prohibited or regulated by this article which are or could potentially be discharged to the POTW.
H. Where known, the nature and concentration of any pollutants in the discharge which are limited by any Sanitary Board, State or Federal Pretreatment Standards, and a statement regarding whether or not the 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 user to meet applicable Pretreatment Standards.
I. If additional pretreatment and/or operation and maintenance procedures will be required to meet the Pretreatment Standards, the user shall submit the shortest schedule by which the user will provide such additional pretreatment. 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 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.).
2. No increment referred to in paragraph (1) above shall exceed nine months.
3. No 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 Sanitary Board 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. In no event shall more than nine months elapse between such progress reports to the Sanitary Board.
J. Each product produced by type, amount, process or processes, and rate of production.
K. Type and amount of raw materials processed (average and maximum per day).
L. Number of employees, and hours of operation of plant, and proposed or actual hours of operation of pretreatment system.
M. Any other environmental permits applicable to the facility.
N. Any other information as may be deemed by the Sanitary Board to be necessary to evaluate the permit application.
(2) The Superintendent, or authorized representative, of the Sanitary Board shall review the permit application for completeness within 60 days of its receipt and notify the applicant in writing as to whether the application is considered complete or incomplete. If the application is incomplete, the Superintendent shall specify the additional information that is required to complete the application and a date for submitting the necessary information. After an application is completed, the Superintendent may still request additional information but only to clarify, modify, or supplement the previously submitted material. If the Superintendent deems it necessary, a site visit may be scheduled with the applicant to assist the Superintendent in evaluating the application. Failure or refusal to correct deficiencies in the application within a reasonable time schedule may be cause for permit denial and appropriate enforcement action as per Section 937.06.
(3) The Superintendent shall issue a draft Industrial Waste Permit or notice of intent to deny a permit within 60 days after receipt of the completed application. The applicant shall be given a minimum 30-day period to review and comment on the proposed permit or permit denial. Upon request, the Superintendent shall schedule an informal meeting with the applicant to review the draft permit or proposed permit denial action. In the event that the applicant and the Superintendent cannot come to an agreement on the draft permit or permit denial, the applicant may request a formal meeting before the Sanitary Board to appeal the permit denial or specific provisions of the draft permit. A request for an appeal must be submitted in writing to the Sanitary Board within 30 days after the informal meeting with the Superintendent. The request shall clearly state the specific action or provision(s) being appealed and the grounds for the appeal. Within 30 days after the close of the applicant's review period or the appeal meeting, the Sanitary Board shall issue a final Industrial Waste Permit.
(c) Permit Modifications. The terms and conditions of a permit may be subject to
modification during the term of the permit as limitations or requirements identified in
this article are modified or if other just cause exists. The issuance of modified permits shall be done in accordance with the procedures prescribed in Section 937.04(b)(1) of this article. Any such modification in the permit shall include a reasonable time schedule for compliance.
As soon as possible after the promulgation of a Federal Categorical Pretreatment Standard, the Industrial Waste Permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Within 180 days after the effective date of the applicable Federal Categorical Pretreatment Standard, any user which has not previously submitted an application for an Industrial Waste Permit, as required by Section 937.04(b)(1), shall submit to the Sanitary Board an application for an Industrial Waste Permit and a Baseline Monitoring Report as required by 40 CFR, Part 403, Section 403.12(b). Within 180 days after the effective date of the applicable Federal Categorical Standard, any user with an existing Industrial Waste Permit shall submit to the Sanitary Board a Baseline Monitoring Report including the information required by Section 937.04(b)(1)H. and (b)(1)I. hereof.
(d) Permit Conditions. Industrial Waste Permits shall be expressly subject to all
provisions of this article and all other applicable regulations, user charges and fees
established by the Sanitary Board. Permits may contain the following requirements:
(1) Unit charges or a schedule of user charges and fees for the wastewater to be discharged to the POTW.
(2) Limits on the average and maximum wastewater constituents and characteristics.
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulation 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 for tests and reporting schedule.
(6) Compliance schedules; however, it must be noted that no such compliance schedule shall exempt an industrial user from further enforcement action for failure to meet a compliance date for any applicable Federal Pretreatment Standards.
(7) Requirements for submission of technical reports or discharge reports.
(8) Requirements for maintaining and retaining plant records relating to the wastewater discharge as specified by the Sanitary Board, and affording the Sanitary Board access thereto.
(9) Requirements for prior notification of the Sanitary Board 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 treatment system.
(10) Requirements for notification of slug or accidental discharges as per Section 937.03(i)(2) and developing and implementing a Slug Discharge Control Plan in accordance with the requirements of Section 403.8(f)(1)(v) of 40 CFR, Part 403.
(11) Requirements for compliance with all applicable Federal Categorical Pretreatment Standards and reporting requirements.
(12) Requirements for submitting to the Sanitary Board all available sampling and monitoring data conducted in accordance with 40 CFR, Part 136 procedures.
(13) Requirements for developing and implementing a Spill Prevention and Control Plan and use of best management practices (BMPs) to prevent spills or accidental discharges from entering the public sanitary sewerage system.
(15) Other conditions as deemed appropriate by the Sanitary Board to ensure compliance with this article. (Ord. 02-16. Passed 5-16-02.)
(16) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;
(17) Requirements to control Slug Discharge, if determined by the Superintendent to be necessary.
(Ord. 10-23. Passed 9-14-10.)
(e) Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification by the Sanitary Board during the term of the permit if the limitations or requirements identified in Section 937.03 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 the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(f) Permit Renewal. A user with a currently effective permit shall submit a new permit application to the Sanitary Board at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Superintendent. The terms and conditions of the existing permit shall remain fully effective and enforceable until the effective date of a new permit, provided the permittee has properly submitted a complete application for permit renewal within the specified time period, and the Sanitary Board has not revoked the existing permit or denied the permit renewal in accordance with the provisions of this article.
(g) Permit Transfer. Industrial Waste Permits are issued to a specific user for a specific operation. A 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 prior written approval of the Sanitary Board. The Permittee shall notify the succeeding owner or controller of the existence of this Permit by certified letter, a copy of which shall be forwarded to the Sanitary Board, at least thirty (30) days prior to completing any such transfer. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit until such time that a new permit is issued by the Sanitary Board.
(h) Reporting Requirements.
(1) All industrial users, whether permitted or not, shall notify the Sanitary Board immediately of all discharges that could cause problems to the POTW, including any slug loadings or accidental spills by the industrial user.
(2) All industrial users shall notify the Sanitary Board within 24 hours of becoming aware of a violation, based on the sampling performed by the industrial user. In addition, the industrial user shall also repeat the sampling and analysis for the pollutant parameter in noncompliance and submit the results of the repeat analysis to the Sanitary Board within thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the Sanitary Board performs sampling at the User's facility at least once a month, or if the Sanitary Board performs sampling at the User between the time when the initial sampling was conducted and the time when the User or [the Sanitary Board] receives the results of this sampling, or if the Sanitary Board has performed the sampling and analysis in lieu of the Industrial User.
(Ord. 02-16. Passed 5-16-02; Ord. 10-23. Passed 9-14-10.)
(3) All industrial users, whether permitted or not, shall promptly notify the Sanitary Board in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted an initial notification under Section 403.12(p) of 40 CFR, Part 403. For the purposes of this requirement, substantial changes include, but are not limited to, flow increases of 10 percent or greater and the discharge of any previously unreported pollutants. Formal written notification shall be submitted to the Sanitary Board at least sixty (60) days prior to any introduction of any new pollutants so that permit requirements can be established as necessary. The Sanitary Board reserves the right to deny or place conditions on any new or increased contributions to its sewer system.
(4) All industrial users, whether permitted or not, shall notify the Sanitary Board, the U.S. EPA, and the West Virginia DEP in writing of any discharge into the POTW of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261, in accordance with the requirements of Section 403.12(p) of 40 CFR, Part 403. At a minimum, such notification must include the name of the listed or characteristic hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). The industrial user shall also notify the Sanitary Board in writing, at least sixty (60) days in advance, of any substantial change in the volume or character of any listed or characteristic hazardous wastes discharged for which the Permittee has submitted initial notification under Section 403.12(p) of 40 CFR, Part 403.
(5) Within 180 days after the effective date of any Categorical Pretreatment Standard now or later promulgated by the U.S. EPA, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR Section 403.6(a)(4), whichever is later, any industrial user subject to such Categorical Pretreatment Standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the Sanitary Board, a Baseline Monitoring Report containing the information listed in paragraphs (b)(l) through (b)(7) of 40 CFR Section 403.12. At least ninety (90) days prior to commencement of any discharge, New Sources, and any sources that become industrial users subsequent to the promulgation of an applicable Categorical Standard, shall be required to submit to the Sanitary Board a Baseline Monitoring Report which contains the information listed in paragraphs (b)(1) through (b)(5) of 40 CFR Section 403.12 and information on the method of pretreatment the source intends to use to meet the applicable Pretreatment Standards.
(6) Within ninety (90) days following the date for final compliance with applicable Categorical Pretreatment Standards or in the case of a New Source following commencement of the introduction of wastewater into the POTW, any industrial user subject to Pretreatment Standards and Requirements shall submit to the Sanitary Board a 90-day Compliance Report containing the information described in paragraphs (b)(4) through (b)(6) of 40 CFR Section 403.12. For industrial users subject to equivalent mass or concentration limits established by the Sanitary Board, this report shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
(7) The Baseline Monitoring Report and 90-day Compliance Report that must be submitted by categorical industrial users shall include a statement, reviewed and signed by an Authorized Representative of the Industrial User as defined in this article, and certified to by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to comply with the applicable Pretreatment Standards and Requirements.
(8) Any industrial user subject to a Categorical Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, shall submit to the Sanitary Board, during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Sanitary Board, a periodic compliance report indicating the nature and concentration of pollutants in the effluent which are limited by such Categorical Pretreatment Standards. In addition, this report shall include a record of measured or estimated average and maximum daily flow during the reporting period. At the discretion of the Sanitary Board and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Sanitary Board may agree to alter the months during which the above reports must be submitted. For industrial users subject to equivalent mass or concentration limits established by the Sanitary Board, this report shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation) this report shall include the user's actual production during the appropriate sampling period. (Ord. 02-16. Passed 5-16-02.)
(9) Periodic Compliance Reports. All [Significant Industrial] Users must, at a frequency determined by [the Superintendent] submit no less than twice per year (June and December reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Superintendent or the Pretreatment Standard necessary to determine the compliance status of the User. (Ord. 10-23. Passed 9-14-10.)
(10) The Baseline Monitoring Reports, 90-day Compliance Reports, and periodic compliance reports from both categorical and noncategorical industrial users shall be based upon sampling and analyses of the discharge, including the flow or production and mass where requested by the Sanitary Board, performed during the period covered by the report. All sampling and analyses shall be representative of normal work cycles or production levels and the expected pollutant discharges to the POTW. All techniques shall be in accordance with the procedures and standards described in 40 CFR, Part 136 and amendments thereto. Where 40 CFR, Part 136 does not include sampling or analytical techniques for the pollutant in question, or where the EPA Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Sanitary Board or other persons, approved by the EPA Administrator.
(11) All Baseline Monitoring Reports, 90-day Compliance Reports, and periodic compliance reports from both categorical and noncategorical industrial users shall be signed by an Authorized Representative of the Industrial User as defined in this article and include the following certification statement:
"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 assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or 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 fine and imprisonment for knowing violations."
(Ord. 02-16. Passed 5-16-02.)
(12) Users that send electronic (digital) documents to the Sanitary Board to satisfy the requirements of this Section must: [specify POTW requirements for IU submittal of electronic reports here.
(13) Significant Industrial Users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a Slug Discharge. (Ord. 10-23. Passed 9-14-10.)
(i) Monitoring Facilities.
(1) When required by the Sanitary Board, an industrial user shall install a suitable manhole or manholes on his connecting sewer or sewers to facilitate observation, sampling and measurement of the combined flow of wastes from his premises. Alternate monitoring facilities or arrangements may be acceptable to the Sanitary Board under certain conditions and will be considered on a case-by-case basis. Such manhole or manholes shall be accessible and safely located and shall be constructed in accordance with plans approved by the Sanitary Board. The monitoring facilities shall be installed by the Owner at his expense and shall be maintained by him so as to be safe and accessible to the Sanitary Board or its authorized representative at all times.
(2) There shall be ample room in or near such sampling manhole or monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facilities that the user is required to install shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(3) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Sanitary Board's requirements and all applicable local construction standards and specifications. Construction shall be completed within 180 days following written notification by the Sanitary Board.
(j) (1) Inspection and Sampling. The Sanitary Board shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Sanitary Board or its representative(s) ready access at all reasonable times to all parts of the premises necessary for the purpose of inspection, sampling, records examination (including the right to inspect and copy records) or in the performance of any of their duties. The right of access for inspection shall extend to, but not necessarily be limited to, production areas or other premises where wastewater discharges are generated, chemical storage areas, hazardous waste storage areas, any pretreatment facilities, and any sampling and monitoring equipment or facilities. The Sanitary Board and the Approval Authority shall have the right to set up, on the user's property, such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards such that upon presentation of suitable identification, personnel from the Sanitary Board, designated representatives of the City, and/or the Approval Authority will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(Ord. 02-16. Passed 5-16-02.)
(2) Sample Collection. 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, based on data that is representative of conditions occurring during the reporting period.
A. Except as indicated in subsection B. and C. below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by [the Sanitary Board], the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 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. Composite 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 Limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 937.04(h) and 937.04(g)(6) [40 CFR 403.12(b) and (d)], 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 sampling data do not exist; for facilities for which historical sampling data are available, [the Superintendent] may authorize a lower minimum. For the reports required by paragraphs Section 937.04(h)(9) (40 CFR 403.12 (e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements.
(Ord. 10-23. Passed 9-14-10.)
(3) All wastewater samples must be representative of the User’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. (Ord. 11-12. Passed 5-19-11.)
(k) Pretreatment.
(1) Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Existing sources shall comply with Categorical Pretreatment Standards within three years of the date the Standard is effective, unless a shorter compliance time is specified in the applicable Standard. New Sources shall install and have in operating condition and shall "start-up" all pollution control equipment required to meet applicable Pretreatment Standards before beginning to discharge to the POTW. Within the shortest feasible time (not to exceed 90 days), New Sources must meet all applicable Pretreatment Standards.
(2) Any facilities required to pretreat wastewater to a level acceptable to the Sanitary Board shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Sanitary Board for review and shall be acceptable to the Sanitary Board before construction of the facility. The review and approval of such 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 Sanitary Board 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 Sanitary Board prior to the user's initiation of the changes. (Ord. 02- 16. Passed 5-16-02.)
(l) The Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the Sanitary Board, a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs C., D. or H. of this Section) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 937.02;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined by Section 2 (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in [the Superintendent's]exercise of its emergency authority to halt or prevent such discharge.
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.
(6) Failure to provide, within forty-five (45) days after the due date, required reports such reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of Best Management Practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 10- 23. Passed 9-14-10.)
(m) Confidential Information.
(1) All records relating to compliance with Pretreatment Standards shall be made available to officials of the EPA or West Virginia DEP upon request.
(2) Information and data on a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Sanitary Board that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
(3) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the general public but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) Permit, and/or the State Disposal System provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(Ord. 02-16. Passed 5-16-02.)
(n) Recordkeeping. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Superintendent. (Ord. 10-23. Passed 9-14-10; Ord. 11-12. Passed 5-19-11.)