§ 18-64.  Administration and enforcement.
   (a)   Wastewater Discharge Permits and Wastewater Contribution Permits.  It shall be unlawful to discharge without a city permit to any natural outlet within the city, or in any area under the jurisdiction of the city, and/or to the POTW any wastewater except as authorized by the superintendent in accordance with the provisions of this division.  All significant users proposing to connect to or to contribute to the POTW shall obtained a wastewater discharge permit before connecting to or contributing to the POTW shall have obtain a wastewater contribution permit.  Users shall promptly notify the superintendent at least thirty (30) days in advance of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.  The superintendent may deny or condition the new introduction or change in discharge based on the information submitted in the notification or additional information as may be requested.  Significant industrial users are required to notify the superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
   (b)   Application for Wastewater Contribution Permit.  Users required to obtain an industrial user permit shall complete and file with the city an application in the form prescribed by the city, and accompanied by a fee of fifty dollars ($50.00).  Existing users shall immediately apply for a wastewater contribution permit, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW.  In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
      (1)   Name, address, and location, if different from the address.
      (2)   SIC number according to the standard Industrial Clarification Manual, Bureau of the Budget, 1972, as amended.
      (3)   Wastewater constituents and characteristics including but not limited to those mentioned in this section as determined by a reliable 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.
      (4)   Time and duration of contribution.
      (5)   Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any.
      (6)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
      (7)   Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
      (8)   Where known, the nature and concentration of any pollutant in the discharge which are limited by any applicable city, 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 (0&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
      (9)   If additional pretreatment and/or O&M will be required to meet the pretreatment standards, 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 treatment standard, or within one hundred eighty (180) days after the date of the ordinance, whichever last occurs. The following conditions shall apply to this schedule;
         a.   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.
         b.   No increment referred to in subsection (b)(9)a. shall exceed nine (9) months.
         c.   Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent, 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 (9) months elapse between such progress reports to the superintendent.
      (10)   Each product produced by type, amount, process or processes and rate of production.
      (11)   Type and amount of raw materials processed, average and maximum per day.
      (12)   Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
      (13)   Any other information as may be deemed by the city to be necessary to evaluate the permit application.
      (14)   All new source categorical industrial users must submit a baseline monitoring report (BMR) with the application.  The BMR must be submitted to the superintendent by all at least ninety (90) days prior to initiation of discharge to the sanitary sewer. The BMR must include, at a minimum, the following:
         (i)   Production data: a process description, SIC code number, raw materials used, chemicals used, final product, pretreatment industrial category (if applicable), and a schematic which indicates points of discharge to the sewer system.
         (ii)   Identifying information to include name, address of facility, owner(s), contact person and any other permits held by the facility.
         (iii)   Wastewater characteristics:  total plant flow, types of discharges, average and maximum flows from each process.
         (iv)   Nature/concentration of pollutants:  analytical results for all pollutants regulated by this ordinance and/or any applicable federal pretreatment standard and sample type and location. All analyses must conform with 40 CFR part 136 and amendments thereto.
         (v)   Information concerning any pretreatment equipment used to treat the facility's discharge.
         (vi)   Compliance certification. A statement, reviewed by the user's authorized representative as defined in Article I(B)(4) and certified by a qualified professional, indicating whether 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 to meet the pretreatment standards and requirements.
         (vii)   Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule shall not be later than the compliance date established for the applicable pretreatment standard.  A compliance schedule pursuant to this section must meet the requirements set out in section 18-64 of this division.
   The city will evaluate the data furnished by the user and may require additional information.  After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided in this division.  The wastewater contribution permit must be issued prior to commencement of discharge.  The superintendent may withhold or discontinue water service until the discharge permit is issued.  All new source categorical industries shall be capable of achieving compliance with this ordinance upon commencement of discharge.
   The superintendent shall provide notice to each significant industrial user of the issuance of the user's wastewater contribution permit.  Any person, including the user, may petition the superintendent to reconsider the terms of a permit within fifteen (15) days of notice of its issuance.
      (1)   Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
      (2)   In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the permit.
      (3)   The effectiveness of the permit shall not be stayed during the appeal.
      (4)   If the superintendent fails to act within thirty (30) days of receipt of the appeal, a request for reconsideration shall be deemed to be denied.  Upon denial of an appeal, the user may appeal to the city manager within fifteen (15) days of the date of the denial.  The city manager shall respond to the appeal within thirty (30) days.  Decisions by the city manager not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions for purposes of judicial review.
      (5)   Aggrieved parties seeking judicial review of the final administrative action and/or the permit must do so by filing a complaint with the Boyle County Circuit Court in accordance with the appropriate procedures of that court and any statute of limitations.
   (c)   Modifications of Wastewater Contribution Permit.  The superintendent may modify an industrial user permit for good cause, including, but not limited to, the following reasons:
      (1)   To incorporate any new or revised federal, state or local pretreatment standards or requirements;
      (2)   To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
      (3)   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
      (4)   Information indicating that the permitted discharge poses a threat to the Danville POTW, personnel, biosolids disposal and/or the receiving stream;
      (5)   Violation of any terms or conditions of the industrial user permit;
      (6)   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
      (7)   Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; or
      (8)   To correct typographical or other errors in the discharge permit.
   (d)   Conditions of Permits.  Wastewater discharge permits and wastewater contribution permits shall be expressly subject to all provisions of this division and all other applicable regulations, user charges and fees established by the city.  The superintendent may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user.  This authorization is subject to the conditions established in 40 CFR 403.12(e)(2).  Permits may contain the following:
      (1)   The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.
      (2)   Effluent limits, including best management practices and slug controls, on the average and maximum rate and time of discharge or requirements for flow regulations and equalization, wastewater constituents and characteristics.
      (3)   Requirements for installation and maintenance of inspection and sampling facilities.
      (4)   Specifications for monitoring programs; which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting scheduling.
      (5)   Compliance schedules.
      (6)   Requirements for submission of technical reports or discharge reports.  See subsections (f) and (g) of this section.
      (7)   Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city; and affording city access thereto as required by 40 CFR 403.12(o)(2).
      (8)   Requirements for notification to the city 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 systems.
      (9)   Requirements for notification of slug discharges as per section 18-56(d)(7)d.
      (10)   Other conditions as deemed appropriate by the city to ensure compliance with this division.
      (11)   Where an effluent from an industrial process is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived for the discharge permit by the superintendent.  These alternative limits shall be applied to the mixed effluent.  These alternative limits shall be calculated using the combined wastestream formula and/or flow- weighted average formula given in 40 CFR 403.6(e).  Where the effluent limits in a categorical pretreatrnent standard are expressed only in terms of mass of pollutants per unit of production (production-based standard), the superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant that may be discharged per day or of effluent concentration for purposes of calculating effluent permit limitations applicable to the permittee.  The permittee shall be subject to all permit limits calculated in this manner under 40 CFR 403.6(c) and must fully comply with these alternative limits.  All categorical industrial users subject to production-based standards must report production rates annually so that alternative permit limits can be calculated if necessary.  The categorical industrial user must notify the superintendent thirty (30) days in advance of any change in production levels that might affect the flow or other data used to calculate the effluent limits in the discharge permit.
      (12)   The permit may require the user to reimburse the city for all expenses related to monitoring, sampling and testing performed at the direction of the superintendent and deemed necessary by the city to verify that the user is in compliance with the permit.
      (13)   A statement that indicates the industrial user permit issuance date, expiration date and effective date.
      (14)   A statement that the industrial user permit is nontransferable.
      (15)   Requirements to control slug discharge, if determined by the superintendent to be necessary.
      (16)   The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with this chapter.  Any grant of a waiver by the superintendent must be included as a condition in the user's permit.
      (17)   A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule.  Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
   (e)   Duration of Permits. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit, The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in subsections (b) through (d) of this section are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
   (f)   Transfer of Wastewater Discharge Permit.  Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge 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 approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
   (g)   Compliance Data Report.  Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to federal categorical pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user’s facility which are limited by such categorical pretreatment standards or requirements.  The report shall state whether the applicable categorical pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable categorical pretreatment standards or requirements.  This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
   (h)   Periodic Compliance Reports.
      (1)   All significant industrial users shall submit to the superintendent quarterly reports, unless required more frequently in the wastewater contribution permit or by the superintendent, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards or the wastewater contribution permit.  The report shall also include all information necessary to determine that best management practices are being implemented as required, 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 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 section 52.61 of this chapter.  Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, 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 as may be required.  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 automatically be 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 by the superintendent.
      Where compliance schedules are required, the following conditions shall apply:
         A.   The schedule shall contain progress increments 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 (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
         B.   No increment referred to above shall exceed nine (9) months; and
         C.   The user shall submit a progress report to the superintendent no later than fourteen (14) days following each date in the schedule and the final date of compliance including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.  The following conditions shall apply to all compliance schedules required by this division:
            (i)   The schedule shall contain progress increments 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.
            (ii)   No increment referred to above shall exceed nine (9) months.
            (iii)   The user shall submit a progress report to the superintendent no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and in no event shall more than nine (9) months elapse between such progress reports to the superintendent.
      (2)   The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate.  In such cases, the report required by paragraph (1) of this subsection (h) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.  These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards.  The frequency of monitoring shall be prescribed in the applicable pretreatment standard.  All analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(g) of the Act and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the administrator.  Sampling shall be performed in accordance with the techniques approved by the administrator.  Where 40 CFR part 136 does not include a sampling or analytical technique for the pollutant 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 administrator.
   (i)   General.  The city through the superintendent or his designee, to insure compliance with this division, and as permitted through 40 CFR Subchapter N, 401 through 471 and 401 KAR 5:055, Section 9 may take the following enforcement steps against users in noncompliance with this division.  The remedies available to the superintendent include injunctive relief, civil and criminal penalties, immediate discontinuance of discharges and/or water service, and the publishing of the list of significant violators annually.  The enforcement authority shall be vested in the superintendent of the POTW or his/her designee.  All violations of requirements of this division must be reviewed and responded to by the superintendent or his representative.  In general, the superintendent shall notify the industrial user when a violation occurs.  For all violations, the superintendent shall receive an explanation and, as appropriate, a plan from the industrial user to correct the violation within a specific time period.  If the violation(s) persist or the explanation and/or plan are not adequate, the superintendent's response shall be more formal; and commitments or schedules, as appropriate, for compliance will be established in an enforceable document.  The enforcement response selected will be related to the seriousness of the violation.  Enforcement responses will be escalated if compliance is not achieved expeditiously after the initial action.  A significant violation will require a formal enforcement action.  The full scale of enforcement actions will be detailed in the city's pretreatment program enforcement response plan.
   The superintendent may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the superintendent, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the POTW to violate any condition of its NPDES/KPDES permit.
   Any user notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution.  In the event of a failure of the person to comply voluntarily with the suspension order, the superintendent shall take such steps as deemed necessary including immediate severance of the sewer connection and/or water service to prevent or minimize damage to the POTW system or endangerment to any individuals. The superintendent may reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge.  A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of occurrence.
   (j)   Enforcement Actions.
      (1)   Informal notice: These actions include statements made to the industrial user during sampling and/or inspection visits, telephone calls to the appropriate company official, informal meetings, warning or reminder letters. These informal notices shall be used for minor violations.
      (2)   Formal notice: These actions include the following:
         a.   Administrative order: Any person found to be violating any provision of this division, wastewater discharge permit, or any order issued hereunder shall be served by the POTW superintendent with a written notice staling the nature of the violation. The offender must permanently cease all violations.
         b.   Show-cause hearing: The superintendent may issue to any user who causes or contributes to violations of this division, discharge permit or order issued hereunder an order to appear and show cause why more severe enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing to be held by the superintendent regarding the violation and the reasons why the action is to be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of the facility. Whether or not a duly notified industrial user or its representative appears, immediate enforcement action may be pursued.
      The city itself may conduct the hearing and take evidence or may designate a representative to:
            (i)   Issue in the name of the city notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
            (ii)   Take the evidence.
            (iii)   Transmit a report of the evidence and hearing, together with recom mendations of the city for action thereon.
      After the city has reviewed the evidence, it may issue a note to the user responsible for the violation directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Further notices and directives as are necessary and appropriate may be issued.
   (k)   Protection from Accidental and Slug Discharges.
      (1)   Each significant user shall provide protection from accidental and/or slug discharges of prohibited materials or other substances regulated by this ordinance which adversely affects the POTW.  Facilities to prevent accidental and/or slug discharges of prohibited materials shall be provided and maintained at the owner or user's own cost and expense.  Once every two (2) years, the superintendent will determine whether each industrial user needs to develop or update a plan to control slug discharges.  If the superintendent determines that a slug control plan or revision is necessary, the plan shall contain the following:
         a.   Description of discharge practices.
         b.   Description of stored chemicals.
         c.   Procedures for notifying POTW.
         d.   Prevention procedures for spills.
   In the case of all possible or actual accidental and/or slug discharges, it is the responsibility of the user to immediately telephone and notify the POTW of the incident.  The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
      (2)   Written notice.  Within five (5) days following an accidental discharge, the user shall submit to the pretreatment coordinator a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences.  Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article, the enforcement response plan or other applicable law.
      (3)   Notice to employees.  A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge.  Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
   (l)   Pretreatment.  All significant industrial users shall provide necessary wastewater treatment as required to comply with this ordinance and achieve compliance with any applicable federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations.    The city may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any industrial user that cannot meet discharge limits required by this ordinance.  Any facilities required to pretreat wastewater to a level required by this ordinance 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 pretreatment coordinator for review, and shall be acceptable to the city before construction of the facility.  The review 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 that complies with the provisions of this ordinance.  Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
   (m)   Signatory and Certification Requirements.
      (1)   All applications, reports or information submitted to the city shall be signed and certified in accordance with the following requirements.  Written designation of the signatory official must be received by the city prior to acceptance of any application or other required document.
         a.   All permit applications shall be signed:
            1.   For a corporation: by a principal executive officer of at least the level of vice-president; or
            2.   For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
         b.   All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person.  A person is a duly authorized representative only if:
            1.   The authorization is made in writing by a person described above; and
            2.   The authorization specifies either an individual or a position having facility or activity, such as the position of plant manager, engineer or position of equivalent responsibility.
      (2)   Certification.  Any person signing a document under this section shall make the following written certification:
         "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(s) who manage the system, or those 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."
         a.   A facility determined to be a non-significant categorical industrial user by the superintendent pursuant to section 18-52, Definitions, of this division must annually submit the following certification statement signed in accordance with the signatory requirements in this section.  This certification must accompany any alternative report required by the superintendent:
         "Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR [Part], I certify that, to the best of my knowledge and belief that during the period from [month/day], [year] to [month/day], [year]:
            (a) The facility described as [Facility Name] met the definition of a Non-Significant Categorical Industrial User as described in § 18-52 DEFINITIONS of this division.
            (b) The facility complied with all applicable Pretreatment Standards and Requirements during this reporting period; and
            (c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period."
         b.   Users that have an approved monitoring waiver based on section 18-64(d), Permit conditions, of this division must certify each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user:
         "Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [Part], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant] in the wastewaters due to the activities at the facility since filing of the last periodic report as required by § 18-64(d) Permit Conditions of this division."
(Ord. No. 1331, § VI, 7-10-84; Ord. No. 1450, § 9, 8-27-91; Ord. No. 1803, § 5, 2-27-12)