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In addition to the requirements set forth in section 18-56, which section applies to all users, including industrial users, all industrial users are further required to meet the pretreatment requirements Best Practicable Control Technology Currently Available (BPT) if they are discharging incompatible or toxic pollutants, as defined by the applicable federal pretreatment regulations. The superintendent or other authorized agent of the city shall be allowed to enforce upon industrial users any and all pretreatment requirements necessary to ensure compliance by the city with the terms and conditions of its NPDES permit, as well as to ensure compliance by all industrial users with the pretreatment standards and any other applicable requirements promulgated pursuant to the Federal Water Pollution Control Act, or other federal laws and regulations.
(Ord. No. 1277, Art. VII, 7-8-80)
(a) Notwithstanding any of the foregoing provisions contained in this division, and in addition thereto, it shall be unlawful for any person to dispose into the sewage works any pollutant except in compliance with federal standards promulgated pursuant to the Federal Water Pollution Control Act Amendment of 1972, and other applicable federal law, as may from time to time be enacted.
(b) All users must notify the superintendent of any hazardous wastes discharges to the POTW. Notification must comply with requirements of 40 CFR 403.12(p).
(Ord. No. 1277, Art. VIII, 7-8-80; Ord. No. 1450, § 5, 8-27-91)
(a) A significant industrial user shall be defined in section 18-52. Any change in the definition of a significant industrial user as a result of promulgations in response to section 307 of the Federal Water Pollution Control Act, or other applicable law, shall immediately become a part of this division.
(b) All significant industrial users, categorical industrial users and other industrial users as deemed necessary by the superintendent, shall file to the superintendent quarterly reports or on dates specified in the industrial user permit, unless required more frequently by the permit, a report indicating, at a minimum, the nature and concentration of pollutants in the effluent which are limited by pretreatment standards or the discharge permit. The report shall also include the chain-of-custody (COC) forms, field data and any other information required by the superintendent. In addition, this report shall include a record of all daily flows or the average daily flow. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted. All periodic compliance reports must be signed and certified in accordance with 40 CFR 403.12 and this division.
(c) The significant industrial users shall employ such methods and procedures for sampling, preparing of records and reports, and using and maintaining monitoring equipment as required by the superintendent. Test procedures shall be set forth in 40 CFR 136.3, and other applicable federal regulations. 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. All analyses shall be performed by a laboratory acceptable to the city. Analytical procedures shall be in accordance with procedures established by the U.S. EPA Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR part 136 and amendments thereto and 40 CFR 261 or with any other test procedures approved by the U.S. EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the U.S. EPA Administrator. Except as indicated in subsections (a) and (b) below, the user must collect wastewater samples using twenty-four (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 superintendent, 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 twenty-four (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 superintendent, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. (a) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques. (b) For sampling required in support of baseline monitoring and ninety (90)-day compliance reports required in 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 40 CFR 403.12(e) and (h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant(s) in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the U.S. EPA Administrator.
(d) If sampling methods and laboratory procedures by and for the industrial user fail to provide the information required, and further provided that the superintendent:
(1) Has good reason to believe that the industrial user is in noncompliance with all or part of its permit; or
(2) Believes the industrial user be causing excessive maintenance with transmission facilities or upsets of the biological treatment processes;
The superintendent shall first notify in writing the offending or noncomplying user and shall give such user a reasonable time in which to take such remedial action deemed necessary by the superintendent; and if the user fails to do so, then the superintendent shall follow the enforcement actions as provided for in this division and the city's enforcement response plan. The superintendent shall be authorized to obtain the services of outside specialists, consultants or laboratory services to sample and/or analyze the sewage discharge by the industry. The cost of these services shall be at the expense of the industry.
(e) All significant industrial users must report all self-monitoring results that the user has obtained whether requested or not. The user may not change any monitoring points prior to approval in writing by the superintendent.
(f) All SIU must notify the superintendent immediately of any slug loading or hazardous waste discharge by the industrial user. Upon notification of such slug the superintendent may within seven (7) days notify the industrial user of the requirements of a slug control plan. The required plan will contain the elements as follows, along with other requirements as necessary by the superintendent.
(1) Description of discharge practices.
(2) Description of stored chemicals.
(3) Procedures for notification of the POTW.
(4) Prevention procedures for spills.
(Ord. No. 1277, Art. IX, 7-8-80; Ord. No. 1331, § III, 7- 10-84; Ord. No. 1450, § 6, 8-27-91; Ord. No. 1803, § 3, 2-27-12)
(a) Right of Entry; Cooperation With. All agents of the sewage works of the city and of the state and/or EPA, bearing proper credentials and identification, shall be permitted to enter all properties, including that of all industrial users, for the purposes of inspection, observation, measurement, sampling, and testing. All industrial users shall cooperate with such agents and officials as may be necessary to enforce the compliance of all federal and state laws.
(b) Right of Entry Onto Easements. The superintendent and other duly authorized employees or consultants of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement and/or; a contractual agreement for entry for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage facilities lying within such easement, All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement and/or contractual agreement for entry pertaining to the private property involved.
(c) Obtaining Information. The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the sewage collection system. The industry may withhold information proven to be confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. The city shall be empowered to seek judicial determination as to any claims of confidentiality.
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 in writing and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
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 public but shall be made available to all governmental agencies for uses related to this division, the NPDES/KPDES permit, sludge disposal system permit and/or the pretreatment program upon the request of the agency. 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 shall not be recognized as confidential information and shall be available to the public without restriction.
(d) Observing Safety Rules; Liability of Company; indemnification of Company. While performing the necessary work on private properties referred to in subsection (a), the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company; and the company shall be held harmless for injury or death to the city employees, except as such may be caused by negligence or failure of the company to maintain safe conditions; and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
(e) Access on Premises. The city shall inspect the facilities of any user to ascertain whether the purpose of this division is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of their duties. The city, approval authority, where the NPDES state is the approval authority, and EPA 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 so that upon presentation of suitable identification, personnel from the city, the approval authority and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
(f) Random Sampling and Demand Monitoring. The superintendent shall conduct random sampling and demand monitoring of effluent from industrial users in accordance with a schedule established by the superintendent; however, in no event shall the monitoring be performed at intervals of greater than one (1) year.
(g) Custody, Record of Samples. All samples taken by or on behalf of the city shall be placed in the custody of the superintendent of wastewater plant. The samples shall not be removed from his custody and control, unless the person so removing shall sign a control docket or sampling record, which reflects the date and time of removal, the name of the person to whom custody is being transferred, and the title and authority of such persons; the sampling record shall be maintained in accordance with Table 5.1, which is hereby incorporated by reference.
(h) Notification of Significant Noncompliance. The superintendent of the city's publicly owned treatment works shall annually provide public notification of the industrial users who have been found to be in significant noncompliance with applicable pretreatment standards during the previous twelve (12)-month period. The city engineer or city manager shall then cause a public notice of such violators to be published annually in the local daily newspaper of largest general circulation that provides meaningful public notice within the jurisdictions served by the POTW. The public notice shall include a list of significant users which were in significant noncompliance with any pretreatment requirements or standards. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months. For the purposes of this provision, a significant noncompliance is defined in section 18-52. [The violator] shall be notified under procedures outlined in the enforcement response plan. The costs to the city resulting from such publication shall be borne on a proportional basis by the significant industrial users published.
(i) Inspection Records. All pretreatment records shall be made available upon request and may be copied if necessary by any inspector covered under this section.
(j) Interjurisdictional Agreements. The superintendent is authorized to pursue the negotiation of an interjurisdictional agreement where required for full enforcement of this division. Any agreement will be subject to final approval by the city.
(k) Notification of Violations and Repeat Sampling Analysis. If sampling performed by an industrial user indicates a violation of this division, the industrial user shall notify the POTW within twenty-four (24) hours. The industrial user shall repeat the sampling and analysis and submit the results to the POTW within thirty (30) days after becoming aware of the violation; however, the repeat sampling and analysis and submission by the industrial user may be waived if and only if the POTW performs its own sampling within the same time period for the same pollutant in question.
(Ord. No. 1277, Art. X, 7-8-80; Ord. No. 1331, § XIV, 7- 10-84; Ord. No. 1420, § 1, 11-28-89; Ord. No. 1450, § 7, 8-27-91; Ord. No. 1803, § 4, 2-27-12)
Editor's Note - Section 7 of Ord. No. 1450 amended subsection (h) and added subsections (i) and (j), thus implicitly redesignating existing subsection (i) as (k).
All users of the sewage works shall be required to pay monthly user charges based on rates proportional to waste loading as determined by the city, and as will be made a part of the city water and sewer rate structure. This system of charges is based upon the annual audit of the operation and maintenance costs of the entire sewage collection, pumping, and sewage treatment system. Additionally, the replacement cost for vital equipment is included in the user charge determination.
(Ord. No. 1277, Art. XI, 7-8-80; Am. Ord. No. 1558, 6-8-99)
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