An intergovernmental agreement, as required by § 51.175, shall contain the following conditions:
(A) A requirement for the contributing municipality to adopt a pretreatment ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in §§ 51.020(A) and (B) and 51.021; (In addition, any revised limits of the above sections by the POTW must also be reflected in the contributing municipality’s ordinance.)
(B) The contributing municipality must submit a revised industrial user inventory list every 6 months;
(C) The Superintendent shall specify which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Superintendent; and which of these activities will be conducted jointly by the contributing municipality and the Superintendent;
(D) The contributing municipality shall provide to the Superintendent complete access to all information that the contributing municipality obtains as part of its pretreatment activities;
(E) Limits on the nature, quality and volume of the contributing municipality’s wastewater at a point where it discharges to the POTW;
(F) Requirements for monitoring the contributing municipality’s discharge;
(G) The Superintendent shall have access to the facilities of users within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the Superintendent; and
(H) Enforcement for breach of the terms of the intergovernmental agreement is as follows:
(1) Where the contributing municipality has primary responsibility for permitting compliance monitoring, or enforcement, it shall take legal action to enforce the terms of the contributing municipality’s ordinance;
(2) When above (A) is not followed, then the Superintendent of the POTW shall take legal action to enforce the terms of the contributing municipality’s ordinance, or impose and enforce pretreatment standards and requirements directly against non-compliant dischargers in the event the contributing jurisdiction is unable or unwilling to take the action;
(3) All legal costs of the POTW incurred when enforcing above (B) will be paid for by the contributing municipality;
(4) If there is a failure of the contributing municipalities to comply with division (H)(3) of this section, the District shall immediately use the Resolution of Disagreements Section of the Customer Cities Contracts.
(Prior Code, § 51.152) (Ord. 7650, passed 2-14-1994)