§ 51.137 DISCHARGE PERMIT; REVOCATION.

   (A)   Any owner who violates any of these rules and regulations, or applicable state and/or federal regulations, or any of the following conditions which are hereby made part of every permit, whether stated therein or not, is subject to having owner’s permit revoked:

      (1)   The owner shall factually report the waste constituents and characteristics of the discharge;

      (2)   The owner shall report significant changes in operation, or in waste constituents and characteristics;

      (3)   The owner shall allow reasonable access to owner’s plant or facilities for the purpose of inspection or monitoring; and

      (4)   The owner shall comply with all terms and conditions of the permit.

   (B)   (1)   Before a permit is revoked, the Director of Public Works shall send the owner written notice 15 days in advance of the date of a hearing.

      (2)   The owner shall have the opportunity to present evidence at the hearing. The Director of Public Works shall notify the owner in writing of the decision by no later than 15 days after the hearing.

(Prior Code, § 51.137) Penalty, see § 51.999

§ 51.138 MONITORING FACILITIES.

   (A)   The Director of Public Works may require any industrial plant owner to construct, at the owner’s expense, monitoring facilities to allow inspection, sampling and flow measurement of the lateral sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed and operated at the owner’s expense.

   (B)   The monitoring facility shall be situated on the owner’s property and located so that landscaping or parked vehicles will not obstruct it.

   (C)   The personnel of the Department of Public Works shall have access to the monitoring facilities at all times for inspection and sample collection. If the facilities are locked, special arrangements shall be made to allow access. The Department of Public Works’ personnel shall also have the right to set up monitoring devices at the facilities. There shall be ample room in or near such monitoring facilities to allow adequate sampling and composition of samples for analysis. The monitoring facilities, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the owner.

   (D)   The sampling and monitoring facilities shall be provided in accordance with the Department of Public Works’ requirements, standards and specifications. Unless the Director of Public Works otherwise grants a time extension, construction shall be completed within 90 days following the issuance of written notification by the Department of Public Works.

(Prior Code, § 51.138) (Ord. 03-39, passed 11-17-2003) Penalty, see § 51.999

§ 51.139 ACCESS TO OWNER’S PROPERTY.

   (A)   The owner of any industrial plant where waste is created or discharged shall allow employees of the Department of Public Works ready access at all reasonable times to all parts of the property for purposes of inspection, sampling or for performance of their duties. The Department of Public Works shall have the right to set up on the owner’s property such devices as are necessary to conduct sampling or metering operations. Where an owner has security measures in force that would require proper identification and clearance before entry into the facilities, the owner shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the Department of Public Works will be permitted to enter without delay for the purpose of performing specific responsibilities.

   (B)   While performing the work, the Department of Public Works personnel shall observe all safety rules established by the owner and applicable to the plant or facilities. The Department of Public Works shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or facilities for waste treatment.

(Prior Code, § 51.139) Penalty, see § 51.999

§ 51.140 RELIABILITY OF MONITORING FACILITIES.

   Approval of proposed monitoring facilities or equipment by the Director of Public Works does not, in any way, guarantee that those facilities or equipment will function in the manner prescribed by their constructor or manufacturer; nor shall such approval relieve a person of the responsibility to enlarge or otherwise modify such facilities to accomplish the intended purpose.

(Prior Code, § 51.140)

§ 51.141 SAMPLING METHODS.

   All measurements, tests and analyses of the characteristics of industrial wastes shall be determined in accordance with EPA approved methods published in the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Health Association and American Water Works Association or Methods for Chemical Analysis of Water and Wastes published by the Environmental Monitoring and Support Laboratory, Office of Research and Development, U.S. Environmental Protection Agency and shall be determined at the monitoring facilities or from samples taken at the monitoring facilities. In the event no special monitoring facility has been installed, the sampling shall be done at the nearest downstream manhole in the public sewers to the point at which the building lateral sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effects of waste constituents upon the wastewater treatment works and to determine the existence of possible hazards to life, limb and property.

(Prior Code, § 51.141) (Ord. 2270, passed 6-17-1972; Ord. 03-39, passed 11-17-2003) Penalty, see § 51.999

§ 51.142 SPECIAL CONTRACTS OR AGREEMENTS.

   No statement contained in these rules and regulations shall be construed as preventing any special agreement or arrangement between the city and any person whereby an industrial waste of unusual strength or character may be accepted by the Department of Public Works for transport and/or treatment, subject to applicable fees or payments.

(Prior Code, § 51.142) (Ord. 03-39, passed 11-17-2003)

§ 51.143 INDEMNITY.

   In the event a person does discharge excessive amounts of pollutants in violation of the discharge permit, said person shall agree to indemnify and hold the city harmless against and from any and all loss, damages claims, demands, actions, causes of action, penalties, judgments, costs and expenses which may result from injury to or death of persons, or from loss or destruction of or damage to property, or results in the city being in violation of state or federal regulatory agency requirements, when such violation, injury, death, loss, destruction or damage arises in any way in connection with or incident to a person depositing amounts of industrial waste in excess of those permitted in the discharge permit into the city’s sanitary sewers. It must be proved, on an individual case basis, that a person’s depositing of excessive amounts of pollutants, on a daily basis, was in fact the cause of a violation, injury, death, loss, destruction or damage, and that the excessive discharge was not due to force majeure.

(Prior Code, § 51.144)