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§ 8-2-4 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.
   (A)   Wastewater survey. When requested by the Superintendent all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the chapter.
   (B)   Wastewater discharge permit requirements.
      (1)   It shall be unlawful for any significant industrial user to discharge wastewater into the city’s POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
      (2)   The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
   (C)   Wastewater discharge permitting existing connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date hereof and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the city for a wastewater discharge permit in accordance with division (E) below, and shall not cause or allow discharges to the POTW to continue after 60 days of the effective date hereof, except in accordance with a wastewater discharge permit issued by the Superintendent.
   (D)   Wastewater discharge permitting new connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least 60 days prior to the date upon which any discharge will begin.
   (E)   Wastewater discharge permit application contents. In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required in § 8-2-5(A)(2) of this chapter. The Superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested:
      (1)   Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW;
      (2)   Number and type of employees, hours of operation and proposed or actual hours of operation of the POTW;
      (3)   Each product produced by type, amount, process or processes and rate of production;
      (4)   Type and amount of raw materials processed (average and maximum per day);
      (5)   The site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge;
      (6)   Time and duration of the discharge; and
      (7)   Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.
   (F)   Application signatories and certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user: “I certify under penalty of law that this document and all attachments were prepared under my direction of 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 or persons 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.”
   (G)   Wastewater discharge permit decisions. The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 15 days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The Superintendent may deny any application for a wastewater discharge permit.
   (H)   Wastewater discharge permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period less than five years at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
   (I)   Wastewater discharge permit contents.
      (1)   Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW.
      (2)   Wastewater discharge permits must contain the following conditions:
         (a)   A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
         (b)   A statement that the wastewater discharge permit is non-transferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
         (c)   Effluent limits applicable to the user based on applicable standards in federal, state and local law;
         (d)   Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; and
         (e)   Statement of applicable civil, criminal and administrative 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.
      (2)   Wastewater discharge permits may contain, but need not be limited to, the following:
         (a)   Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
         (b)   Limits on the instantaneous, daily and monthly average and/or maximum;
         (c)   Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;
         (d)   Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges;
         (e)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
         (f)   Requirements for installation and maintenance of inspection and sampling facilities and equipment;
         (g)   A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
         (h)   Other conditions as deemed appropriate by the Superintendent to ensure compliance with this chapter, and state and federal laws, rules and regulations.
   (J)   Wastewater discharge permit appeals. Any person, including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within 30 days 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 wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
      (3)   The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
      (4)   If the city fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review.
      (5)   Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Lee County District Court at Fort Madison within ten days.
   (K)   Wastewater discharge permit modification.
      (1)   The Superintendent may modify the wastewater discharge permit for good cause, including, but not limited to, the following:
         (a)   To incorporate any new or revised federal, state or local pretreatment standards or requirements;
         (b)   To address significant alterations or additions to the industrial user’s operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;
         (c)   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
         (d)   Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel or the receiving waters;
         (e)   Violation of any terms or conditions of the wastewater discharge permit;
         (f)   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
         (g)   Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. § 403.13;
         (h)   To correct typographical or other errors in the wastewater discharge permit; and
         (i)   To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
      (2)   The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
   (L)   Wastewater discharge permit transfer.
      (1)   Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 15 days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which:
         (a)   States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
         (b)   Identifies the specific date on which the transfer is to occur; and
         (c)   Acknowledges full responsibility for complying with the existing wastewater discharge permit.
      (2)   Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.
   (M)   Wastewater discharge permit revocation.
      (1)   Wastewater discharge permits may be revoked for the following reasons:
         (a)   Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
         (b)   Failure to provide prior notification to the city of changed condition pursuant to § 8-2-5(E) of this chapter;
         (c)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
         (d)   Falsifying self-monitoring reports;
         (e)   Tampering with monitoring equipment;
         (f)   Refusing to allow the city timely access to the facility premises and records;
         (g)   Failure to meet effluent limitations;
         (h)   Failure to pay fines;
         (i)   Failure to pay sewer charges;
         (j)   Failure to meet compliance schedules;
         (k)   Failure to complete a wastewater survey or the wastewater discharge permit application;
         (l)   Failure to provide advance notice of the transfer of a permitted facility; and/or
         (m)   Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
      (2)   Wastewater discharge permits shall be voidable upon non-use, cessation of operations or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.
   (N)   Wastewater discharge permit reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with division (E) above a minimum of 30 days prior to the expiration of the industrial user’s existing wastewater discharge permit.
(Ord. C-172, passed 9-7-1993)
§ 8-2-5 REPORTING REQUIREMENTS.
   (A)   Baseline monitoring reports.
      (1)   Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the city a report which contains the information listed in division (A)(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in division (A)(2) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
      (2)   The industrial user shall submit the information required by this section including:
         (a)   Identifying information. The name and address of the facility including the name of the operator and owners;
         (b)   Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility;
         (c)   Description of operations. A brief description of the nature, average rate of production and standard industrial classification of the operations carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
         (d)   Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 C.F.R. § 403.6(e);
         (e)   Measurement of pollutants.
            1.   Identify the categorical pretreatment standards applicable to each regulated process;
            2.   Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in division (J) below; and
            3.   Sampling must be performed in accordance with procedures set out in division (K) below.
         (f)   Certification. A statement reviewed by the industrial user’s authorized representative 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;
         (g)   Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard; and
         (h)   Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 8-2-4F of this chapter.
   (B)   Compliance schedule progress report. The following conditions shall apply to the schedule required by division (A)(2)(g) above. 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 hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Superintendent no later than 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 industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.
   (C)   Report on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in divisions (A)(2)(d) through (A)(2)(f) above. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the industrial user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 8-2-4(F) of this chapter.
   (D)   Periodic compliance reports.
      (1)   Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 8-2-4(F) of this chapter.
      (2)   All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
      (3)   If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, the results of this monitoring shall be included in the report.
   (E)   Report of changed conditions. Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user’s operations or system which might alter the nature, quality or volume of its wastewater at least 60 days before the change.
      (1)   The Superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 8-2-4(E) of this chapter.
      (2)   The Superintendent may issue a wastewater discharge permit under § 8-2-4(B) of this chapter or modify an existing wastewater discharge permit under § 8-2-4(K) of this chapter.
      (3)   No industrial user shall implement the planned changed conditions until and unless the Superintendent has responded to the industrial user’s notice.
      (4)   For purposes of this requirement flow increases of 10% or greater, and the discharge of any previously unreported pollutants, shall be deemed significant.
   (F)   Reports of potential problems.
      (1)   In the case of any discharge including, but not limited to accidental discharges of a non- routine, episodic nature, a non-customary batch discharge or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 8-2-2(A) of this chapter), it is the responsibility of the industrial user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
      (2)   Within five days following such discharge, the industrial user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this chapter.
      (3)   Failure to notify the city of potential problem discharges shall be deemed a separate violation of this chapter.
      (4)   A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (F)(1) above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
   (G)   Reports from non-significant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the Superintendent may require.
   (H)   Notice of violation/repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user’s at least once a month, or if the POTW performs sampling between the industrial user’s initial sampling and when the industrial user receives the results of this sampling.
   (I)   Notification of the discharge of hazardous waste.
      (1)   Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed, of, would be a hazardous waste under 40 C.F.R. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than ten kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notification must take place no later than 180 days after the discharge commences. Any notification under this division (I)(1) above need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under division (E) above. The notification requirements in this section does not apply to pollutants already reported under the self-monitoring requirements in divisions (A), (C) and (D) above.
      (2)   (a)   Discharges are exempt from the requirements of division (I)(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-time notification.
         (b)   Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
      (3)   In the case of any new regulations under § 3001 of RCRA, being 42 U.S.C. § 6921, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
      (4)   In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
   (J)   Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.
   (K)   Sample collection.
      (1)   Except as indicated in division (K)(2) below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
      (2)   Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques.
   (L)   Determination of non-compliance. The Superintendent may use a grab sample(s) to determine non-compliance with pretreatment standards.
   (M)   Timing. Written reports will be deemed to have been submitted on the date post-marked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern.
   (N)   Record keeping. Industrial users shall retain and make available for inspection and copying, all records and information required to be retained under this chapter. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this chapter, or where the industrial user has been specifically notified of a longer retention period by the Superintendent.
(Ord. C-172, passed 9-7-1993)
§ 8-2-6 COMPLIANCE MONITORING.
   (A)   Inspection and sampling. The city shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this chapter, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Superintendent or his or her representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
      (1)   Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
      (2)   The city, state and EPA shall have the right to set up on the industrial user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
      (3)   The city may require the industrial user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
      (4)   Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be born by the industrial user.
      (5)   Unreasonable delays in allowing city personnel access to the industrial user’s premises shall be a violation of this chapter.
   (B)   Search warrants. If the Superintendent has been refused access to a building, structure or property or any part thereof, and if the Superintendent has demonstrated probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the City Attorney, the Magistrate Judge can issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the city. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.
(Ord. C-172, passed 9-7-1993)
§ 8-2-7 CONFIDENTIAL INFORMATION.
   Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from city inspection and sampling activities, shall be available to the public without restriction, unless the industrial user specifically requests, 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 under applicable state law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 C.F.R. § 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. C-172, passed 9-7-1993)
§ 8-2-8 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NON- COMPLIANCE.
   (A)   The city shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous 12 months, were in significant non-compliance with applicable pretreatment standards and requirements.
   (B)   The term SIGNIFICANT NON- COMPLIANCE shall mean:
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
      (2)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants, except pH);
      (3)   Any other discharge that the city believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);
      (4)   Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city’s exercise of its emergency authority to halt or prevent such discharge;
      (5)   Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
      (6)   Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
      (7)   Failure to accurately report non- compliance; and
      (8)   Any other violation(s) which the city determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. C-172, passed 9-7-1993)
§ 8-2-9 ADMINISTRATIVE ENFORCEMENT REMEDIES.
   (A)   Notification of violation. Whenever the Superintendent finds that any user has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Superintendent or his or her agent may serve upon said user a written notice of violation. Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
   (B)   Consent orders. The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such orders will include specific action to be taken by the user to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant division (D) below and shall be judicially enforceable.
   (C)   Show cause hearing. The Superintendent may order any user which causes or contributes to violation(s) of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such actions and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least seven days prior to the hearing. Such notice may served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be prerequisite for taking any other action against the user.
   (D)   Compliance orders. When the Superintendent finds that a user has violated or continues to violate the ordinance, wastewater discharge permits or orders issued hereunder or any other pretreatment standard of requirement, he or she may issue an order to the user responsible for the discharge directing that the user come into compliance within a period of time specified in the order. If the user does not come into compliance within the specified period of time, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the non- compliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
   (E)   Cease and desist orders.
      (1)   When the Superintendent finds that a user is violating this chapter, the user’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
         (a)   Immediately comply with all requirements; and
         (b)   Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
      (2)   Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.
   (F)   Emergency suspensions.
      (1)   The Superintendent may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
         (a)   Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in division (G) below are initiated against the user.
         (b)   A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent, prior to the date of any show cause or termination hearing under division (C) above and division (G) below.
      (2)   Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
   (G)   Termination of discharge.
      (1)   In addition to those provisions in § 8-2-4(M) of this chapter, any user that violates the following conditions of this chapter, wastewater discharge permits or orders issued hereunder, is subject to discharge termination:
         (a)   Violation of wastewater discharge permit conditions;
         (b)   Failure to accurately report the wastewater constituents and characteristics of its discharge;
         (c)   Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
         (d)   Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling;
         (e)   Violation of the pretreatment standards in § 8-2-2 of this chapter; and
         (f)   Failure to pay sewer use charges as specified in § 8-7-2 of this code of ordinances, or any other fee that may be assessed by matters covered by this chapter.
      (2)   Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (C) above why the proposed action should not be taken.
(Ord. C-172, passed 9-7-1993)
§ 8-2-10 JUDICIAL ENFORCEMENT REMEDIES.
   (A)   Injunctive relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent may petition the Lee County District Court at Fort Madison through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirements imposed by this chapter on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.
   (B)   Civil penalties.
      (1)   Any user which has violated or continues to violate this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the Superintendent for a maximum civil penalty of $1,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
      (2)   The Superintendent may recover reasonable attorney fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the city.
      (3)   In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective action by the user, the compliance history of the user and any other factor as justice requires.
      (4)   Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.
   (C)   Criminal prosecution.
      (1)   Any user that wilfully or negligently violates any provision of this chapter, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a simple misdemeanor, punishable by a fine of not more than $200 per violation per day or imprisonment for not more than 30 days.
      (2)   Any user that wilfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a simple misdemeanor and be subject to a penalty of not more than $200 or be subject to imprisonment for not more than 30 days. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
      (3)   Any user that knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed or required to be maintained, pursuant to this chapter, wastewater discharge permit or order or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punishable by a fine of not more than $200 per violation per day or imprisonment for not more than 30 days.
   (D)   Simple misdemeanor. Any violation of this chapter, wastewater discharge permits or orders issued hereunder, is a simple misdemeanor. Each day that a violation continues shall constitute a separate offense.
   (E)   Municipal infraction.
      (1)   Any violation of this chapter arising from non-compliance with a pretreatment standard or requirement, referred to in 40 C.F.R. § 403.8 by an industrial user is a municipal infraction and punishable by a civil penalty of not more than $1,000 for each day a violation exists or continues.
      (2)   The city may classify a municipal infraction, other than a violation arising from non- compliance with a pretreatment standard or requirement, as an environmental violation if the infraction is a violation of Iowa Code Chapter 455B or a violation of a standard established by the city in consultation with the Department of Natural Resources, or both. A municipal infraction which is classified an environmental violation is punishable by a civil penalty of not more than $1,000 for each occurrence. A person committing an environmental violation is not subject to a civil penalty, if all of the following conditions are satisfied:
         (a)   The violation results solely from the person conducting an initial start-up, cleaning, repairing, performing scheduled maintenance, testing or conducting a shutdown, of either equipment causing the violation or the equipment designed to reduce or eliminate the violation;
         (b)   The person notifies the city of the violation within 24 hours from the time that the violation begins; and
         (c)   The violation does not continue in existence for more than eight hours.
      (3)   The city shall not enforce this section against a person committing an environmental violation, until the city offers to participate in informal negotiations with the person. If the person accepts the offer, the city and the person shall participate in good faith negotiations to resolve issues alleged to be the basis for the violation.
   (F)   Remedies non-exclusive. The provisions in §§ 8-2-9 through 8-2-11 of this chapter are not exclusive remedies. The city reserves the right to take any, all or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any non-compliant user. These actions may be taken concurrently.
(Ord. C-172, passed 9-7-1993; Ord. C-322, passed 4-4-2000)
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