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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)
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)
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)
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)
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)
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)
A. Failure To Report: It shall be unlawful for any person to fail to report within the time periods required by this article, by a control mechanism or expeditiously if not stated, to the Chief Executive Officer, any discharge which violates the requirements, prohibitions and limitations of this article.
B. Prohibited Procedural Actions Or Failure To Act: It is unlawful to not perform the requirements of this article. This includes, but is not limited to, failure to apply for permits or other control mechanisms when required by this article; failure to respond to questionnaires and requests for necessary information to determine application of or compliance with this article; submittal of incomplete questionnaires, reports, applications or plans; untimely submittal or questionnaires, applications, plans or reports; failure to comply with a final order of the Chief Executive Officer; failure to protect against accidental discharge of prohibited wastes; failure to provide notices to employees; monitoring as required; failure to prevent a slug discharge, failure to conduct sampling when requested in accord with conditions in the user's permit; failure to accurately report noncompliance; missing compliance dates; failure to immediately discontinue the discharge when ordered because of imminent harm or risk of harm; failure to certify per 40 CFR section 403.6(A)(2) when required. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
A notice or notices approved by the Chief Executive Officer shall be permanently posted in an unobstructed, prominent place or places within the working areas of significant industrial users, or other users as the Chief Executive Officer deems necessary, which advise employees of whom to call in the event of a dangerous chemical discharge or potential discharge. These users shall ensure that all employees who may cause or suffer to cause a discharge to occur are advised of the emergency notification procedures. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
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