(A) General. Industrial users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this chapter within the time limitations specified by EPA, the State of Indiana, or the City, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the users' expense.
(B) Prior approval. Detailed plans describing such facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter.
(C) Operation. Where pretreatment facilities are provided pursuant to the Superintendent's approval, they shall be maintained continuously in satisfactory and effective operating condition at the user's expense and shall be subject to periodic and random inspection and sampling by the City. The user responsible for such facilities shall maintain suitable operating records which shall be open to inspection by the City, and shall submit to the Superintendent such summary reports of the character of the influent and effluent of the facilities as the Superintendent may require. All 1records and reports shall be retained for a minimum of three years.
(D) Pursuant to 40 CFR 403.12, the City may, at its discretion, require that records be kept for a longer period in the case of unresolved litigation or when requested by the approval authority.
(E) All industrial users, whether defined as categorical or noncategorical industry by state and federal regulation, shall comply with all applicable requirements of 40 CFR 403.12, including, when applicable, baseline monitoring reports (BMRs), 90-day compliance reports, and periodic compliance reports.
(F) Additional measures. Whenever deemed necessary, the City may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.
(G) Bypass.
(1) For the purposes of this section:
(a) BYPASS means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(b) SEVERE PROPERTY DAMAGE means substantial physical damage to property, damage to the treatment facilities which causes them 19to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of this section.
(a) Bypass is prohibited, and the Superintendent may take an enforcement action against a user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
3. The user submitted notices as required under this section.
(b) The Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Superintendent determines that it will meet the three conditions listed above.
(3) Bypass notifications.
(a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent, at least ten days before the date of the bypass, if possible.
(b) A user shall submit oral notice to the Superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a 20description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Superintendent may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(Ord. G-5-18, passed 3-13-18) Penalty, see § 51.999