12.5.707: BEST MANAGEMENT PRACTICES:

   A.   The Chief Executive Officer may develop BMPs to implement the prohibitions of section 12.5.702 of this part and the local limits of subsection 12.5.703B of this part. BMPs shall be considered pretreatment standards and local limits for purposes of this article and section 307(d) of the Act. Additionally, BMPs may be categorical pretreatment standards, established by the EPA.

   B.   The Chief Executive Officer may develop general BMPs that are applicable to categories of industrial users, categories of activities or geographic areas. Adoption of general BMPs shall be in accord with subsection 12.1.110B of this chapter.

   C.   Elements of a BMP may include, but are not limited to:

      1.   Installation of treatment.

      2.   Requirements for or prohibitions on certain practices or discharges.

      3.   Requirements for the operation and maintenance of treatment equipment.

      4.   Time frames associated with key activities.

      5.   Procedures for compliance certification, reporting and records retention.

      6.   Provisions for reopening and revoking BMPs.

   D.   Any industrial user may be required to comply with BMPs. BMPs may be incorporated in categorical pretreatment standards, discharge permits, control mechanisms, and orders. (Ord. 06-195; Ord. 10-82; Ord. 18-42; Ord. 19-34)

PART 8 CONTROL OF PROHIBITED WASTES

SECTION:

12.5.801: Regulatory Actions; General Powers Of Chief Executive Officer

12.5.802: Regulatory Actions; Specific Powers Of Chief Executive Officer

12.5.803: Pretreatment Facilities; Submission Of Plans

12.5.804: Pretreatment Facilities; Operations

12.5.805: Admission To Property

12.5.806: Accidental Discharge, Protection From

12.5.807: Slug Discharge; Report Required

12.5.808: Prohibited Procedural Actions Or Failure To Act

12.5.809: Workplace Notices

12.5.810: pH Recording Meters

12.5.811: Hazardous Chemical Handling; Submission Of Plans

12.5.801: REGULATORY ACTIONS; GENERAL POWERS OF CHIEF EXECUTIVE OFFICER:

In addition to the Chief Executive Officer's authority to reduce, prevent or eliminate discharges through enforcement of discharge limitations and prohibitions, the Chief Executive Officer shall have the following authorities:

   A.   Endangerment To Health Or Welfare Of The Community: The Chief Executive Officer, after informal notice to the affected discharger, may immediately and effectively reduce, halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, wastewater collection system of the City or any wastewater system tributary thereto, by any means available to the Chief Executive Officer, including physical disconnection from the wastewater system, whenever it reasonably appears that the discharge presents an imminent endangerment to the health or welfare of individual persons or the community.

   B.   Endangerment To Environment Or The POTW: The Chief Executive Officer, after written order to the discharger, may reduce, halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, wastewater collection system of the City or any wastewater system tributary thereto, by any means available to the Chief Executive Officer, including physical disconnection from the wastewater system, whenever the discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW. (See also subsection 12.5.1203B of this article.)

   C.   Reducing, Halting Or Preventing Discharges: The discharges referred to above may be reduced, halted or prevented without regard to the compliance of the discharge with other provisions of this article. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 10-82; Ord. 18-42)

12.5.802: REGULATORY ACTIONS; SPECIFIC POWERS OF CHIEF EXECUTIVE OFFICER:

If wastewaters containing any substance described in part 7 of this article are discharged or proposed to be discharged into any natural waterway, surface drainage within the City, any area under the jurisdiction of the City, into the wastewater collection system of the City or any wastewater system tributary thereto, the Chief Executive Officer may take any action necessary to:

   A.   Prohibit the discharge of the wastewater;

   B.   Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of the substances in conformity with this article;

   C.   Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substance so that the discharge will not violate this article;

   D.   Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred by the City or Utilities for surface or subsurface cleanup and remediation of wastewaters, as well as handling, treating or disposing excess loads imposed on the wastewater treatment system including any system development charges, fines or legal expenses associated with alleged or actual violations of the City's CDPS permit attributed to an unauthorized user discharge;

   E.   Obtain timely and factual reports from the facility responsible for the discharge;

   F.   Evaluate whether each significant industrial user needs a plan or other action to control slug discharges within one year of the user being designated as a significant industrial user.

   G.   Require: 1) the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements, and 2) the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including, but not limited to, the reports required in section 12.5.901 of this article.

   H.   Take other or further remedial action, including issuance of a control mechanism, as may be deemed to be desirable or necessary to achieve the purposes of this article. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 10-82; Ord. 18-42)

12.5.803: PRETREATMENT FACILITIES; SUBMISSION OF PLANS:

Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications and other pertinent data or information relating to the pretreatment or flow control facilities shall first be submitted to the Chief Executive Officer for review and approval. The approval shall not exempt the user from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. The approval shall not be construed as or act as a guaranty or assurance that any discharge is or will be in compliance with any applicable code, ordinance, rule, regulation, or order of any governmental authority. Any subsequent alterations or additions to the pretreatment or flow control facilities shall not be made without due notice to and prior approval of the Chief Executive Officer. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)

12.5.804: PRETREATMENT FACILITIES; OPERATIONS:

If pretreatment or control of wastewater flow is required, the facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at the owner's or operator's own cost and expense, subject to the requirements of this Code and all other applicable codes, ordinances, laws, rules and regulations. The Chief Executive Officer may require the owner or operator of the facilities to submit a documented plan to the Chief Executive Officer describing how the equipment will be operated and maintained. The approval shall not be construed as or act as a guarantee or assurance that any discharge is or will be in compliance with any applicable code, ordinance, rule, regulation, or order of any governmental authority. Any subsequent alterations or additions to the pretreatment or flow control facilities shall not be made without due notice to and prior approval of the Chief Executive Officer. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)

12.5.805: ADMISSION TO PROPERTY:

   A.   The Chief Executive Officer has the power to carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under this article, to assure compliance with pretreatment standards.

   B.   The inspection shall be completed with reasonable promptness. If any samples are taken, a portion of the sample shall be given, if requested, to the owner, agent, or operator. The occupant of the property or premises shall render all proper assistance in the activities.

   C.   If entry or inspection to any property is denied or not promptly consented to, or at any other time to investigate sources of pollution impacting water quality within the wastewater system or the waters of the State within the City limits, the Chief Executive Officer is empowered to obtain, from Municipal, County or State District Court with jurisdiction, a warrant to enter and inspect any property, premises or place. (Ord. 98-173; Ord. 99-162; Ord. 00-204; Ord. 01-42; Ord. 10-82; Ord. 18-42; Ord. 19-34)

12.5.806: ACCIDENTAL DISCHARGE, PROTECTION FROM:

Each user shall provide adequate protection as approved by the Chief Executive Officer from unauthorized discharge of prohibited materials or other wastes regulated by this article. Facilities and procedures to prevent the discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Chief Executive Officer for review, and shall be approved by the Chief Executive Officer before installation of the accidental discharge protection. Review and approval of the plans and operating procedures shall not relieve the user from the responsibility to modify the facilities as necessary to meet the requirements of this article. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 10-82; Ord. 18-42)

12.5.807: SLUG DISCHARGE; REPORT REQUIRED:

If a facility has a slug discharge, or a discharge that could cause problems to the POTW, the owner or user of the facility responsible for the discharge shall immediately notify the Chief Executive Officer so that corrective action may be taken to protect the wastewater treatment system. In addition, a written report addressed to the Chief Executive Officer detailing the date, time and cause of the slug discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future slug discharges, shall be submitted to the Chief Executive Officer by the responsible person within five (5) days of the occurrence of the noncomplying discharge. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)