All industrial users shall:
(A) Comply with the categorical standards, pretreatment requirements, and all other requirements imposed by this subchapter;
(B) Comply with the orders of the Sewer Department designed to implement the categorical standards, pretreatment requirements, and all other requirements imposed by this subchapter;
(C) Within 90 days of the adoption of this subchapter and prior to the discharge of wastewater to the POTW by any new user thereafter, file a written notice with the Sewer Department which identifies the:
(1) Name and address of the existing or prospective users;
(2) Business location(s) serviced or to be served by the POTW;
(3) Nature, concentration, and amounts of any substance present, at or intended to be present at such business location(s) which, if discharged to the POTW could constitute an industrial discharge; and
(4) Nature and concentration of all pollutants currently discharged to the POTW from such business location(s).
(D) File an annual POTW user report with the Sewer Department by the first of January of each year which provides an update to the information obtained pursuant to division (C) above. This reporting requirement does not apply to industrial users operating pursuant to an industrial user permit;
(E) Carry out and maintain an adequate record of all self-inspection and self-monitoring activities necessary for the user to know at all times whether or not the user is introducing any industrial discharge to the POTW;
(F) Assist the Sewer Department to determine the exact nature, concentration, and volume of any pollutant intended for discharge to the POTW. Therefore, upon request, any industrial user shall promptly:
(1) Allow the examination and copying of all relevant records or documents available to the user;
(2) Allow the inspection of all business locations served by the POTW, including all pretreatment equipment, methods, and activities utilized by the user at such locations;
(3) Install and maintain, at the user’s expense, convenient and adequate monitoring and/or sampling point(s) needed by the Sewer Department for monitoring and/or sampling purposes;
(4) Allow the taking and removal of samples from any wastewater discharged or intended for discharge, to the POTW; and
(5) Provide the Sewer Department with any other information, including, but not limited to, chemical analyses of wastewater and architectural or engineering design data, drawings and the like, which are reasonably needed by the Sewer Department for the purpose of determining the user’s compliance with the requirements of this subchapter.
(G) Not cause an industrial discharge without having first obtained, or applied for, an industrial user permit pursuant to the requirements of this subchapter;
(H) Comply with the demand of the Sewer Department to immediately halt any actual or threatened discharge to the POTW when the Sewer Department has given notice that the actual or threatened discharge:
(1) Presents or may present an imminent or substantial endangerment to the health or welfare of any person or to the environment; and/or
(2) Will cause interference with POTW operations.
(I) Immediately give notice to the Sewer Department of any discharge, including an accidental discharge, which is in violation of any categorical standard, pretreatment requirement, or permit condition imposed by this subchapter. The notice shall also describe the:
(1) Location of the discharge;
(2) Known or estimated nature, concentration, and volume of the discharged pollutant(s);
(3) Type of assistance desired from the city; and
(4) Corrective action(s) undertaken, being undertaken, and/or to be undertaken by the user. Any user causing such a discharge shall also initiate all appropriate corrective action(s) by the Sewer Department which are needed to:
(a) Prevent any further injury to human health or safety or to the environment, the POTW, and/or any other property;
(b) Promptly repair all or part of any injury or damage caused by the discharge; and
(c) Ensure that such a discharge does not occur again.
(J) Pay all sewer fees charged by the city for the wastewater collection and disposal services provided by the POTW pursuant to the requirements of this subchapter. The service fees will apply equally to all POTW users and will be determined by each user’s proportionate share of the POTW operating and maintenance costs. In turn, the proportionate share will be based on such factors as the strength, volume, and flow rate of wastewater discharged to the POTW by each user;
(K) Reimburse the city for all extraordinary expenses reasonably incurred by the city in insuring user’s compliance with the applicable requirements of this subchapter. An extraordinary expense is any cost not otherwise reimbursed from the normal collection of sewer fees. These extraordinary expenses include, but are not limited to, the costs in:
(1) Issuing permits;
(2) Conducting inspection, surveillance, and monitoring activities;
(3) Obtaining laboratory analyses of waste samples;
(4) Taking enforcement actions against users not in compliance with the requirements of this chapter; and
(5) Carrying out any measure needed for the protection of human health or safety, the environment, the POTW, or any other property in order to correct or mitigate any harm caused by the violation of any categorical standard or pretreatment requirement.
(L) Be financially responsible for all injury, damage, and/or loss suffered by any person as a result of any industrial discharge, by the user, which violates any categorical standard, pretreatment requirement, or permit condition enforced pursuant to this subchapter. In particular, the user shall be liable for the:
(1) Personal injury suffered by any person as a result of the discharge;
(2) Costs reasonably incurred by any person in correcting or otherwise mitigating any adverse environmental impact which resulted from the discharge; and
(3) Economic loss and property damage suffered by any person as a result of the discharge.
(Prior Code, § 16-7-1)