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13.05.040: REGULATIONS/PROHIBITED DISCHARGE STANDARDS:
   A.   General Discharge Prohibitions: No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to federal categorical pretreatment standards or requirements.
   B.   Specific Prohibitions: No user shall introduce, or cause to be introduced, into the POTW the following pollutants, substances or wastewaters:
      1.   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140oF) (60oC) using the test methods specified in 40 CFR 261.21;
      2.   Wastewater having a pH less than 5.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
      3.   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, including, but not limited to, the following: any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l), for nonbiodegradable (mineral) fats; and oil and grease in excess of two hundred milligrams per liter (200 mg/l) for biodegradable (nonmineral) fats, oils and greases, or containing substances which may solidify or become viscous at temperatures between thirty two degrees Fahrenheit (32oF) and one hundred fifty degrees Fahrenheit (150oF) (or 0°C and 65°C), but in no case solids greater than one inch (1") in any dimension;
      4.   Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
      5.   Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (104oF) (40oC) unless the POTW director approves alternate temperature limits;
      6.   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through as set forth in subsection D3b of this section;
      7.   Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
      8.   Trucked or hauled pollutants, except at discharge points designated by the city;
      9.   Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or health, or to prevent entry into the sewers for maintenance or repair;
      10.   Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent (10%) from the seasonably established norm for aquatic life;
      11.   Wastewater containing any radioactive wastes or isotopes, except as specifically approved by the POTW director in compliance with applicable state or federal regulations;
      12.   Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the POTW director;
      13.   Any sludges, screenings or other residues from the pretreatment of industrial wastes or from industrial processes;
      14.   Medical wastes, except as specifically authorized by the POTW director;
      15.   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
      16.   Detergents, surface active agents, or other substances which may cause excessive foaming in the POTW;
      17.   Any liquid, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5%), nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter;
      18.   Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
      19.   Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits;
      20.   Any wastewater which, in the opinion of the POTW director, can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under special agreement by the POTW director (except that no special waiver shall be given from categorical pretreatment standards);
      21.   The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septic tank waste, or other wastewater unless the person has first obtained testing and approval as may be generally required by the city and paid all fees assessed for the privilege of said discharge;
      22.   Any hazardous waste as defined in rules published by the state of Idaho or in 40 CFR part 261;
      23.   Persistent pesticides and/or pesticides regulated by the federal insecticide fungicide rodenticide act (FIFRA);
      24.   Septic tank waste;
      25.   Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW or cause other environmental damage.
   C.   Processes Causing Discharge: Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW or cause other environmental damage.
   D.   Standards:
      1.   Federal Categorical Pretreatment Standards: Categorical pretreatment standards as promulgated by the EPA pursuant to the act shall be met by all users of the regulated industrial categories. The categorical pretreatment standards found at 40 CFR ordinance I, subordinance N, parts 405-471, are incorporated. An application for modification of the categorical pretreatment standards may be considered for submittal to the EPA region 10 administrator, or by the city when the city's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR section 403.7.
      2.   State Requirements: State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance which are more stringent than federal requirements and limitation, or those in this chapter or other applicable ordinances.
      3.   Local Limits:
         a.   The city reserves the right to adopt local pollutant limits as set forth in subsection D3b of this section, which may be more stringent than federal and state requirements.
         b.   The following pollutants limits are established to protect against pass-through and interference. No person shall discharge wastewater containing pollutant levels in excess of the following daily maximum allowable discharge limits:
Pollutant
mg/l
Pollutant
mg/l
Arsenic
0.20
Cadmium
0.11
Chromium
2.77
Copper
1.50
Cyanide
0.10
Lead
0.69
Mercury
0.01
Nickel
0.50
Oil and greases (animal or vegetable)
200
Oil and greases (petroleum base)
100
pH
5.5 - 10.0
Phosphorus
10.0
Silver
0.43
Zinc
2.61
 
      4.   City Right Of Revision: The city reserves the right to amend this chapter or an industrial wastewater permit to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in section 13.05.010 of this chapter.
      5.   Dilution: No user shall, without written approval from the wastewater division head, increase the use of potable or process water in any way, nor mix separate waste streams, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment in order to achieve compliance with the standards set forth in this chapter.
      6.   Mass Limitations: The wastewater division head may impose mass limitations on users which are using dilution to meet the pretreatment standards or requirements of this chapter or, in other cases, where the imposition of mass limitations is deemed appropriate by the wastewater division head.
      7.   Special Agreement: The city reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a federal categorical pretreatment standard or pretreatment requirements. However, the user may request a net gross adjustment to a federal categorical pretreatment standard in accordance with 40 CFR 403.15. The user may also request a variance from the federal categorical pretreatment standard from the wastewater division head. Such request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing the applicable federal categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions set forth in 40 CFR 403.13.
      8.   Pretreatment Facilities: Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards and requirements set out in this chapter within the time limitations specified by the EPA, the state or the city, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city 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 city 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 acceptable discharge to the city under the provisions of this chapter.
      9.   Additional Pretreatment Measures:
         a.   Fat, oil and grease and grit interceptors/traps shall be provided when in the opinion of the POTW director, they are necessary for the proper handling of wastewater containing excessive amounts of fat, oil, grease and/or grit. All such interceptors/traps shall be of a dual chamber design and shall be a type and capacity approved by the POTW director. More capacity shall be required when, in the opinion of the POTW director, it is necessary for adequate treatment of effluent. Any other users shall also provide interceptors when, in the opinion of the POTW director, they are necessary for the proper handling of wastewater containing excessive amounts of fats, oils, greases and/or grit. Interceptors/traps shall be located as to be easily accessible for cleaning and inspection. Such interceptors/traps shall be inspected, cleaned and repaired as per manufacturers' recommendations and/or at the discretion of the POTW director or his designee in accordance with city of Hailey BMPs, established by resolution, and maintained in proper operating condition, by the user at his expense.
         b.   Users with the potential to discharge flammable substances may be required to install and maintain an approved, combustible gas detection meter.
         c.   The introduction of chemicals, bacterial, enzyme and/or any other additive into fat, oil and grease, directly or indirectly, that causes interference with the normal operation of the unit or causes pass-through of prohibited substances is prohibited.
         d.   Interceptor/trap maintenance and cleaning records shall be maintained by the user and made available to the city inspectors for review upon request.
         e.   Interceptors/traps shall not be required for domestic user.
   E.   Deadline For Compliance With Applicable Pretreatment Requirements:
      1.   Existing users (categorical users) covered by the federal categorical pretreatment standards shall be in compliance within three (3) years of the date the standards become effective, unless a shorter compliance time is specified in the appropriate standard. If necessary, the city shall establish a final compliance deadline date for any existing significant industrial user (SIU) not covered by categorical pretreatment standards, or for any user when the local limits for said user are more restrictive than federal categorical pretreatment standards.
      2.   New sources and new users (that fit the definition of SIU) are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed 90 days from the beginning of discharge). "New sources" and "new users" shall install and have in operating condition and shall "start up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.
      3.   Any pretreatment discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established by federal categorical pretreatment standards. Any other existing SIU, which is in noncompliance with any local limits, shall be provided a compliance schedule placed in an order, or other similar enforcement document, as outlined in the "City Of Hailey Enforcement And Response Guide", or elsewhere in this chapter.
   F.   Accidental Discharge/Slug Control Plans:
      1.   The city may require any user to develop and implement an accidental spill prevention control plan (ASPP). Where deemed necessary by the wastewater division head, facilities to prevent accidental discharges or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. An ASPP showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The wastewater division head shall determine which user is required to develop a plan and shall require this plan to be submitted within ninety (90) days after notification by the city. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter and other federal, state or local regulations.
      2.   Any user required to develop and implement an ASPP shall submit a plan which addresses, at a minimum, the following:
         a.   Description of discharge practices, including nonroutine batch discharges;
         b.   Description of stored chemicals;
         c.   Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards set forth in subsections A, B and C of this section; and
         d.   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
      3.   Users shall notify the wastewater division head and/or city immediately upon the occurrence of a "slug" or "accidental discharge" of substances prohibited by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law.
      4.   Within five (5) days following an accidental discharge, the user shall submit to the wastewater division head, 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 chapter or other applicable federal or state law.
      5.   Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. (Ord. 1086 §§ 1 - 5, 2011; Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
13.05.050: FEES:
   A.   Purpose: It is the purpose of this section to provide for the payment of fees from users to the city's wastewater disposal system, to compensate the city for the cost of administration of the pretreatment programs established in this chapter.
   B.   Charges And Fees: The city council shall adopt charges and fees by resolution as it deems necessary. Such fees may include:
      1.   Reimbursement of costs of setting up and operating the city's pretreatment program;
      2.   Fees for monitoring, inspections and surveillance procedures;
      3.   Fees for consistent removal (by the city) of pollutants otherwise subject to federal pretreatment standards;
      4.   Fees for filing appeals;
      5.   Fees for reviewing accidental discharge procedures and construction; and/or
      6.   Fees for issuance of a pretreatment discharge permit. (Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
13.05.060: ADMINISTRATION:
   A.   Wastewater Users: It is unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the city and/or to the POTW without having first complied with the terms of this chapter. All existing users who discharge industrial wastes or other wastes to the POTW shall comply with all terms of this chapter within ninety (90) days of being notified by the city. All users proposing to discharge waste to the POTW shall comply with all terms of this chapter prior to discharging waste to the POTW.
   B.   Pretreatment Discharge Permit: No user shall discharge wastewater into the POTW without first obtaining a pretreatment discharge permit from the city. Any violation of the terms and conditions of a pretreatment discharge permit shall be deemed a violation of this chapter and shall subject the pretreatment discharge permittee to the sanctions set out in this chapter. Obtaining a pretreatment 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. The wastewater division head may require other users, including liquid waste haulers, to obtain pretreatment discharge permit (as necessary) to carry out the purposes of this chapter. The city reserves the right not to issue a pretreatment discharge permit if the applicant cannot meet the pretreatment discharge requirements. Any pretreatment discharge permit shall expressly state that a violation of this chapter, or a pretreatment discharge permit, or order issued under this chapter, or any other pretreatment standard or requirement, will make the permittee liable for any expense, loss or damage to the city wastewater system or POTW.
   C.   Pretreatment Discharge Permit Requirements:
      1.   Industrial Waste Acceptance Permit: All existing users and users proposing to connect to, or to discharge sewage, industrial wastes and other wastes to, the POTW shall obtain a pretreatment discharge permit. The pretreatment discharge permit shall be issued for a specified time period, not to exceed five (5) years. A pretreatment discharge permit may be issued for a period less than five (5) years at the discretion of the city. Each permit will indicate a specific date upon which it will expire.
      2.   Disclosure Forms: Prior to the city granting a pretreatment discharge permit, the user shall complete and file with the city a disclosure declaration in the form prescribed by the city. Existing users shall file disclosure forms within thirty (30) days of being notified by the city. Proposed new users shall file their disclosure forms at least ninety (90) days prior to connecting to the POTW. The disclosure to be made by the user shall be on written forms provided by the city and shall require the following information:
         a.   Disclosure of the name of the facility, the address and the location of the facility, and the owner's and operator's name.
         b.   Description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or works of the city, including a list of any environmental control permits held by or for the facility. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such user, 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; number and type of employees; and hours of operation.
         c.   Disclosure of wastewater sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in subsection 13.05.040B of this chapter. Both daily maximum and average concentration (or mass, where required) shall be reported. A minimum of one representative sample is necessary to comply with this subsection. Sampling and analysis shall be performed in accordance with procedures established by the EPA and contained in 40 CFR part 136, as amended.
         d.   The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.
         e.   Disclosure of time and duration of discharges.
            (1)   Categorical users shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated, manufacturing process streams, or other streams, as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).
            (2)   Noncategorical users shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from the total process flow, wastewater treatment plant flow, total plant flow, or individual manufacturing process flow as required by the wastewater division head. The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
         f.   Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the city due to cost or nonfeasibility.
         g.   Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
         h.   Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and, if not, whether additional pretreatment is required for the user to comply with this chapter.
         i.   Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional operational and maintenance activities, which shall address the following:
            (1)   The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this chapter, including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this chapter.
            (2)   Only upon recommendation and approval of the city council shall the city permit a time increment for a single step directed toward compliance to exceed nine (9) months.
            (3)   Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the city, including, at a minimum, a statement as to whether or not it has complied with the increment of progress represented by that milestone 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 approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the city.
         j.   Disclosure of each product produced or stored by type, amount, process or processes; rate of production as it relates to wastewater flow generation; and a schematic process diagram indicating points of discharge from regulated or manufacturing processes.
         k.   Disclosure of the type and amount of raw materials, including chemicals utilized or stored (average and maximum per day).
         l.   The wastewater division head may require inspection and sampling manholes and/or flow recording with sampling equipment if deemed necessary by the wastewater division head to assure compliance with this chapter.
         m.   Any other information as may be deemed necessary by the wastewater division head, or his designee, to evaluate the pretreatment discharge permit application.
      3.   Incomplete, Inaccurate Applications: Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
      4.   Signatory And Certification Requirement: All pretreatment discharge permit applications and user reports must be signed by an authorized representative of the user.
   D.   Pretreatment Discharge Permit Decisions: The wastewater division head, or his designee, will evaluate the complete disclosure form and data furnished by the user and may require additional information, including an inspection of the premises. Within thirty (30) days of receipt of a complete wastewater discharge permit application, and after full evaluation of the information provided, and if necessary, a complete inspection of the premises, the wastewater division head, or his designee, will determine whether or not to issue a wastewater discharge permit, and type of permit to be issued. After acceptance of the data furnished, the city shall notify the user of the city's acceptance or denial thereof. Where determined necessary by the wastewater division head, or his designee, a pretreatment discharge permit may be issued setting forth limitations of various waste strengths as addressed under this chapter.
   E.   Pretreatment Discharge Permit Conditions:
      1.   Revocation Of Pretreatment Discharge Permit: The pretreatment discharge permit issued to a user by the city may be revoked for, but not limited to, the following reasons:
         a.   Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
         b.   Failure to provide notification to the city of changed conditions;
         c.   Misrepresentation or failure to fully disclose all relevant facts in the pretreatment discharge permit application;
         d.   Falsifying self-monitoring reports;
         e.   Tampering with monitoring equipment;
         f.   Failure to meet discharge limitations;
         g.   Failure to pay fines;
         h.   Failure to pay sewer charges;
         i.   Failure to meet compliance schedules;
         j.   Failure to complete a wastewater survey or the wastewater discharge permit application;
         k.   Failure to provide advance notice of the transfer of a permitted facility;
         l.   Violation of any pretreatment standard or requirement, or any terms of the pretreatment discharge permit or this chapter; or
         m.   If the city has to invoke its emergency provision as stated in subsection 13.05.070A of this chapter.
      2.   Transfer Of Pretreatment Discharge Permit:
         a.   A pretreatment discharge permit may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days' advance notice to the wastewater division head, and the wastewater division head approves the pretreatment discharge permit transfer. The notice to the wastewater division head must include a written certification by the new owner and/or operator which:
            (1)   States that the new owner and/or operator (user) has no immediate intent to change the facility's operations and processes;
            (2)   Identifies the specific date on which the transfer is to occur; and
            (3)   Acknowledges full responsibility for complying with the existing pretreatment discharge permit.
         b.   Provided, that the requirements set forth in subsection E2a of this section are met, and that there are no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an "existing user" and be covered by the existing limits and requirements in the previous owner's permit.
         c.   Failure to provide advance notice of a transfer, as set forth above, renders the pretreatment discharge permit void as of the date of facility transfer.
      3.   Pretreatment Discharge Permit Modification: The wastewater division head may modify the pretreatment 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 user's operation, processes, wastewater volume or character since the time of pretreatment 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 pretreatment discharge permit application or in any required reporting or inspection;
         g.   Revision of, or grant of, a variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
         h.   To correct typographical or other errors in the wastewater discharge permit; or
         i.   To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
      4.   Duty To Reapply For Pretreatment Discharge Permit: Within thirty (30) days of the permit expiration, the user shall reapply for reissuance of the pretreatment discharge permit on a form provided by the city. A user, whose existing pretreatment discharge permit has expired and who has submitted its reapplication in the time period specified herein, shall be deemed to have an effective pretreatment discharge permit until the city issues or denies the new pretreatment discharge permit. A user, whose existing pretreatment discharge permit has expired and who has failed to submit its reapplication in the time period specified herein, shall be deemed to be discharging without a pretreatment discharge permit.
      5.   Severability: The provisions of a pretreatment discharge permit are severable, and if any provision of the pretreatment discharge permit, or the application of any provision of the permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of the permit shall not be affected thereby.
      6.   Property Rights: The issuance of a pretreatment discharge permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any infringement of federal, state or local regulations, nor any action, at law or in equity, for invasion of personal rights for violation of any federal, state or constitutional protections.
      7.   Permit Holders Outside City Limits: All users outside the city limits who discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the city and/or to the POTW shall be subject to the wastewater pretreatment use regulations as users inside the city limits and at a minimum any other use regulation set forth in an agreement between the city and the permit holder.
   F.   Pretreatment Discharge Permit Appeals:
      1.   Any user may appeal to the city council, within thirty (30) days of its issuance or denial, subject to the following conditions:
         a.   Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
         b.   In its appeal petition, the appellant must indicate which pretreatment discharge permit provisions are objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place on the pretreatment discharge permit.
         c.   The issuance or denial of the pretreatment discharge permit shall not be stayed pending the appeal.
      2.   The city council may affirm, modify or reverse a decision issuing or denying a pretreatment discharge permit. The city council decision shall be considered final administrative action for purposes of judicial review. After a final administrative appeal has been brought before the city, an aggrieved party seeking judicial review of such final administrative pretreatment discharge permit decision must do so by filing a petition for review with the district court for Blaine County within the state of Idaho.
   G.   Reporting Requirements For Users:
      1.   Compliance Date Report:
         a.   Within thirty (30) days following commencement of the introduction of wastewater into the POTW by a new source or new user, this new user shall, upon request of the wastewater division head, submit to the city a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons.
         b.   In the case of categorical users, the flows and pollutant concentrations (or mass) of the waste streams from processes regulated under categorical pretreatment standards must be reported separately. This report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with applicable pretreatment standards or requirements.
         c.   For users subject to equivalent mass or concentration limits established by the city in accordance with procedures established in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of production), this report shall include the user's actual production during the appropriate sampling period.
         d.   All compliance reports shall be signed by an authorized representative of the user.
      2.   Periodic Compliance Reports:
         a.   Any user that is required to have a pretreatment discharge permit and/or who is otherwise subject to any applicable pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or in the case of a new user, after commencement of discharge to the city, shall submit to the city during the months of June and December, unless required more frequently by the wastewater division head, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof and/or as prescribed within the pretreatment discharge permit. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period as set forth in subsection G1 of this section.
         b.   Reports of users shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration of regulated pollutants, or production and mass where required by the city. The frequency of monitoring by the user shall be as prescribed by wastewater division head, shall occur not less than twice a year, unless the city agrees to sample instead. All analyses shall be performed in accordance with procedures established by the city pursuant to section 304(g) of the act and contained in 40 CFR part 136, and subsections K and L of this section, or with any other test procedures approved by the wastewater division head. The record of all flow measurements (average and maximum) taken at the designated sampling locations shall include any additional information required by this chapter and/or the pretreatment discharge permit. Both daily maximum and average concentration (or mass, where required) shall be reported.
         c.   Sampling shall be performed in accordance with the techniques approved by the wastewater division head and this chapter and shall be representative of wastewater discharges during the reporting period. Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where the wastewater division head determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods, or any other sampling and analytical procedures, including procedures suggested by the wastewater division head.
         d.   Flows shall be reported on the basis of actual measurement; provided, however, that the city may accept reports of average and maximum flows estimated by verifiable techniques if the wastewater division head determines that an actual measurement is not feasible.
         e.   The wastewater division head, for good cause shown, and considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of such reports on months other than those specified above.
         f.   The city may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the city agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the city for sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The city is under no obligation to perform periodic compliance monitoring for a user.
         g.   A certification statement signed by an authorized representative of the user is required as a part of the periodic compliance reports.
      3.   Notification Of Significant Production Changes: Any user operating under a pretreatment discharge permit incorporating equivalent mass or concentration limits shall notify the city within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its pretreatment discharge permit.
      4.   Notice Of Potential Problems, Including Accidental Spills And/Or Slug Loadings: Any user shall notify the city immediately of all discharges that could cause problems to the POTW, including any slug loadings as defined in sections 13.05.010 through 13.05.040 of this chapter. The notification shall include the concentration and volume of the discharge. Corrective action, including steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharges a slug (or slugs) of prohibited materials shall be liable to the city for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed under state or federal law.
      5.   Noncompliance Reporting: If sampling performed by a user indicates a violation, the user shall notify the city within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the sampling within five (5) days and shall submit the results of the repeat analysis to the city within thirty (30) days after becoming aware of the violation, except the user is not required to resample if the city performs sampling at the user facility between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
      6.   Notification Of Changed Discharge: All users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p).
      7.   Notification Of Hazardous Waste:
         a.   Existing users that are discharging fifteen (15) kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month, or any facility which generates any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) are required to provide a onetime notification in writing to the city and the EPA regional waste management division director. Any existing user exempt from this notification, shall comply with the requirements contained herein within thirty (30) days of becoming aware of a discharge of fifteen (15) kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the city sewer system. Such notification shall include:
            (1)   The name of the hazardous waste as set forth in 40 CFR part 261;
            (2)   The EPA hazardous waste number; and
            (3)   The type of discharge (continuous, batch or other).
         b.   If a user generates more than one hundred (100) kilograms of such waste per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the user:
            (1)   An identification of the hazardous constituents contained in the wastes;
            (2)   An estimation of the mass and concentration of such constituents in the waste streams discharged during that calendar month; and
            (3)   An estimation of the mass of constituents in the waste streams expected to be discharged during the following twelve (12) months.
         c.   These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.
         d.   Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the city of the discharge of such a substance within ninety (90) days of the effective date of such regulations.
         e.   In the case of any notification made under this subsection, a 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.
   H.   Reports From Unpermitted Users: All others not required to obtain a pretreatment discharge permit pursuant to this chapter shall provide appropriate access for sampling, flow measurements and analysis to the city as the wastewater division head, or his or her designee, may require. 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, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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; and the name of the person 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 be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the wastewater division head.
   I.   Compliance Schedules For Meeting Applicable Pretreatment Standards: The compliance 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.). No increment referred to above shall exceed nine (9) months.
   J.   Monitoring Facilities: The city may require the user to install monitoring equipment as necessary.
      1.   Each user shall provide and operate, at the user's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the sewer.
      2.   Each monitoring facility shall be situated on the user's premises, except where such location would be impractical or cause undue hardship on the user. The city may permit the monitoring facility to be constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
      3.   There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. All devices used to measure wastewater flow and quality shall be calibrated at a frequency determined by the city to ensure their accuracy.
      4.   All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications as well as local zoning and land use ordinances. Construction shall be completed within one hundred twenty (120) days of receipt of the permit by the user, unless a compliance schedule has been approved by the wastewater division head.
   K.   Compliance Monitoring:
      1.   Inspection And Sampling: The city shall have the right to obtain consent to enter the facilities of any user to ascertain whether the purpose of this chapter, and any pretreatment discharge permit, or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow the city 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.
      2.   Search Warrants: If the wastewater division head, or his or her designee, has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate 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 pretreatment discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the wastewater division head, or his or her designee, shall seek issuance of search and/or seizure warrant from the district court in and for the county of Blaine. Such warrant shall be served by the wastewater division head, and his or her designee, in the company of a uniformed police officer of the city or local county.
      3.   Vandalism: No person shall wilfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter.
   L.   Sampling And Analytical Requirements:
      1.   Sampling Requirements For Users:
         a.   A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, fats, oils and greases, sulfide and volatile organics. The wastewater division head will determine on a case by case basis whether the user may be able to composite the individual grab samples. For all other pollutants, twenty four (24) hour composite must be obtained through flow proportional composite sampling techniques where feasible. The wastewater division head may waive flow proportional composite sampling for any user that demonstrates that flow proportional sampling is infeasible. In such cases, samples may be obtained through time proportional composite sampling techniques, or through a minimum of eight (8) grab samples, where the user demonstrates that this will provide a representative sample of the effluent being discharged.
         b.   Samples should be taken immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated or manufacturing process if no pretreatment exists, or as determined by the wastewater division head and contained in the user's pretreatment discharge permit.
            (1)   For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastes formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable pretreatment standards.
            (2)   For other SIUs, for which the city has adjusted its local limits to factor out dilution flows, the user should measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).
         c.   All sample results shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user samples more frequently than what was required in its pretreatment discharge permit, it must submit all results of sampling and analysis of the discharge as part of a self-monitoring report during the reporting period.
      2.   Analytical Requirements: All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 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.
   M.   Pretreatment Facilities:
      1.   Detailed plans showing the pretreatment facilities shall be submitted to the city for review, and must be acceptable to the city before construction of the facility. The review of such plans shall in no way relieve the user from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter.
      2.   Within a reasonable time after the completion of the wastewater pretreatment facility, the user shall furnish its operation and maintenance procedures for the wastewater division head to review.
      3.   Any subsequent, significant changes to the pretreatment facility or its method of operation shall be reported to and accepted by the wastewater division head prior to the user's initiation of the changes.
   N.   TTO Reporting: Categorical users which are required by EPA to eliminate and/or reduce the levels of toxic organics (TTOs) discharged into the sewer system must follow the categorical pretreatment standards for that industry. Those users must also meet the following requirements:
      1.   Categorical users must sample, as part of the application requirements, for all the organics listed under the TTO limit (no exceptions); and
      2.   The user elects to develop a solvent management plan in lieu of continuously monitoring for TTO, the user must routinely submit a certification statement as part of its self-monitoring report that there has been no dumping of concentrated toxic organic into the wastewater and that it is implementing a solvent management plan as approved by the city. (Ord. 1086 §§ 1 - 5, 2011; Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
13.05.070: ENFORCEMENT:
   A.   Emergency Suspension Of Service And Pretreatment Discharge Permit: The city may, without advance notice, order the suspension of the wastewater treatment service to a user when it appears to the city that an actual or threatened discharge:
      1.   Presents or threatens an imminent or substantial danger to the health or welfare of persons, or substantial danger to the environment. Any user notified by the city's suspension order shall immediately cease all discharges. In the event of failure of the users to comply with the suspension order, the city is authorized to physically prevent the discharge from entering the public owned sewerage collection system, and assess all associated costs to the user.
      2.   Threatens to interfere with the operation of the POTW, or to violate any pretreatment limits imposed by this chapter. Any user notified of the city's suspension order shall immediately cease all discharges. In the event of failure of the user to comply with the suspension order, the city may commence judicial proceedings immediately thereafter to compel the user's specific compliance with such order and/or to recover civil penalties. The city shall reinstate the wastewater treatment service upon proof by the user of the elimination of the noncomplying discharge or conditions creating the threat as set forth above. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
   B.   Termination Of Treatment Services; Nonemergency Procedures:
      1.   Termination: The city may terminate wastewater treatment services to any user who:
         a.   Fails to factually report accurately the wastewater constituents and characteristics of its discharge;
         b.   Fails to report significant changes in wastewater constituents or characteristics; or
         c.   Violates the provisions of this chapter, or any order of the city with respect thereto.
      2.   Cease And Desist Orders: When the wastewater division head finds that a user has violated (or continues to violate) any provision of this chapter, a pretreatment discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the wastewater division head 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.
   C.   Administrative Enforcement Remedies:
      1.   Notices Of Violation (NOV): When the city finds that a user has violated (or continues to violate) any provision of this chapter, a pretreatment discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may serve that user a written notice of violation (NOV). If required, within five (5) working 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 city. 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.
      2.   Consent Orders: The city may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document and as determined by the wastewater division head. Use of a consent order shall not be a bar against, or a prerequisite for, taking any other action against the user.
      3.   Compliance Orders: When the wastewater division head finds that a user has violated or continues to violate any provision of this chapter, a pretreatment discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the wastewater division head may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may 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 noncompliance, 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 categorical pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
      4.   Show Cause Hearing: Where the violation of this chapter is not corrected in adherence to compliance orders or any other enforcement action in a timely manner, the city may order any user which suffers or permits a violation of this chapter to show cause before the city, or its duly authorized representative, why the proposed service termination action should not be taken. A written notice shall be served on the user by personal service, or certified or registered mail, return receipt requested:
         a.   Specifying the time and place of a hearing to be held by the city or its designee regarding the violation;
         b.   The reasons why the enforcement action is to be taken;
         c.   The proposed enforcement action.
The notice shall further direct the user to show cause before the city or its designee why the enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer or authorized representative of a user. The proceedings at the hearing shall be considered by the city, which shall then enter appropriate orders with respect to the alleged violations of the user.
   D.   Judicial Proceedings: Following the entry of any order by the city with respect to the violation by a user of this chapter, the city may commence in an action for appropriate legal and/or equitable relief in the appropriate local court, including the following:
      1.   Injunctive Relief: When the wastewater division head or his designee determines that a user has violated (or continues to violate) any provision of this chapter, a pretreatment discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the wastewater division head or his designee may petition the district court of the fifth judicial in and for the county of Blaine for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the pretreatment discharge permit, order or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or prerequisite for, taking any other action against a user.
      2.   Criminal Prosecution:
         a.   It shall be unlawful for any user to:
            (1)   Violate any provision of this chapter, a pretreatment discharge permit or order issued hereunder, or any other pretreatment standard or requirement;
            (2)   Introduce any substance into the POTW which causes personal injury or property damage;
            (3)   Knowingly make any false statements, representations or certifications in any application, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, pretreatment discharge permit or order issued hereunder; or
            (4)   Falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this chapter.
         b.   Any person, firm or other legal entity violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment in the county jail for a period not to exceed six (6) months, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
      3.   Restitution: Any user violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city wastewater system shall be liable to the city for any expense, loss or damage caused by such violation of discharge. The city may bill the user for the actual and/or estimated cost incurred by the city for any cleaning, sampling and monitoring expenses, repair or replacement work caused by the violation or discharge, including reasonable attorney fees, court costs and other expenses associated with the violation.
   E.   Civil Penalty:
      1.   Any user who violates an order of the city, or who fails to comply with any provision of this chapter, or any regulations, rules or permits of the city, issued pursuant to this chapter, shall be liable to the city for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long term average discharge limit, the penalties shall accrue for each day during the period of the violation. Such penalties may be recovered by judicial actions and/or, to the extent permissible by state law, by administrative procedures.
      2.   A user desiring to dispute such penalty must file a written request for the city to reconsider the fine, along with full payment of the fine, within fifteen (15) days of the imposition of the penalty. Upon receipt of the request to reconsider the penalty, the city council shall convene a hearing within thirty (30) days of receiving the request. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.
      3.   In determining the amount of civil liability, the city shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions 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 bar against, or a prerequisite for, taking any other action against a user.
   F.   Remedies Nonexclusive: The provisions in this section are not exclusive remedies. The rights and remedies provided by this chapter are cumulative and the use of any one right or remedy shall not preclude the city from pursuing any or all other remedies the city may have by law, statute, ordinance or otherwise.
   G.   Affirmative Defenses To Discharge Violation:
      1.   An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of subsection E2 of this section are met.
      2.   A user who wishes to establish an affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
         a.   An upset occurred and that the user can identify the cause(s) of the upset;
         b.   The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
         c.   The user has submitted the following information to the city within twenty four (24) hours of becoming aware of the upset (if this information is submitted orally, a written submission must be provided within 5 days):
            (1)   A description of the discharge and cause of noncompliance;
            (2)   The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
            (3)   Steps being taken and/or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.
      3.   In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
      4.   Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.
      5.   Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss or failure of its treatment facility until the treatment facility is restored or an alternative method of treatment is provided. This requirement applies to the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (Ord. 1086 §§ 1 - 5, 2011; Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
13.05.080: RECORDS RETENTION:
All users subject to this chapter shall retain and preserve, for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement of litigation activities brought by the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
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