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(A) National categorical pretreatment standards. National categorical pretreatment standards promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users who are subject to those standards in any instance where they are more stringent than the limitations in this subchapter unless the City Engineer has applied for and obtained from the MPCA approval to modify the specific limits in the national categorical pretreatment standards. When requested, an application for modification of the national categorical pretreatment standards will be considered for submittal by the City Engineer when the wastewater treatment system achieves consistent removal of the pollutants. Consistent removal shall be defined as in 40 C.F.R. part 403, “General Pretreatment Regulations for Existing and New Sources”. Conditional revisions of national categorical pretreatment standards may be made by the city in accordance with 40 C.F.R. part 403, “General Pretreatment Regulations for Existing and New Sources” if requested by an industry in accordance with requirements of 40 C.F.R. part 403.
(B) State requirements. State requirements and limitations on discharge shall be met by all users who are subject to those standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable provision of this code of ordinances.
(C) City’s right of revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharge to the wastewater treatment system if deemed necessary to comply with the objectives presented in this subchapter.
(D) Dilution. It is unlawful for any person to increase the use of potable or process water or in any way attempt to dilute a discharge as a partial or complete substitution for adequate treatment to achieve compliance with the limitations set forth in this subchapter or applicable pretreatment standards.
(E) Supplementary limitations.
(1) It is unlawful for any person to discharge wastewater containing the following substances in excess of the amounts contained in their wastewater discharge permit.
(2) Once limits are appropriated for individual industries, those industries’ rights to discharge up to those limits shall not be reduced by permit limits issued later to new industries. Reduction of limits may be necessary to achieve the objectives stated in this subchapter.
(2004 Code, § 53.073) (Ord. 727, passed 12-12-1985; Ord. 14-0722, passed 3-11-2014) Penalty, see § 10.99
(A) Each user shall provide protection from accidental discharges of prohibited materials or other substances regulated by this subchapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user’s cost and expense.
(B) Users shall notify the City Engineer immediately upon having a slug or accidental discharge of substances or wastewater in violation of this subchapter in order to enable countermeasures to be taken by the City Engineer to minimize damage to the wastewater treatment system and the receiving waters. The notification shall include location of discharge, date and time thereof, description of accidentally discharged waste including an estimate of concentration and volume, and corrective actions. These notifications will not relieve users of liability for any expense, loss or damage to the wastewater treatment system or treatment process, or for any fines imposed on the city on account thereof under any state or federal law. The city may choose to take no further action or to take action in accordance with §§ 53.089(A), 53.090 and 53.091.
(C) A notice shall be permanently posted in a prominent place on the user’s premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall ensure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure.
(2004 Code, § 53.074) (Ord. 727, passed 12-12-1985)
(A) Fees; purpose. It is the purpose of this subchapter to provide for the recovery of costs from users of the wastewater treatment system for the implementation and administration of the program established herein. The applicable charges or fees shall be set forth in the city’s schedule of charges and fees, to be prepared from time to time by the City Engineer and approved by the Council.
(B) Charges and fees. The Council shall adopt charges and fees which may include:
(1) Fees for monitoring, inspections and surveillance procedures;
(2) Fees for permit applications;
(3) Appeal fees; and
(4) Other fees as the City Engineer may deem necessary to carry out the requirements contained herein.
(2004 Code, § 53.075) (Ord. 727, passed 12-12-1985)
(A) Mandatory permits. All industries proposing to connect or to commence a new discharge to the wastewater treatment system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater treatment system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to national categorical pretreatment standards under § 307(b) and (c) of the Act, being , being 33 U.S.C. § 1317(b) and (c), connected to or discharging into the wastewater treatment system shall obtain a wastewater discharge permit within 180 days after the effective date of this subchapter.
(B) Permit applications.
(1) Users required to obtain a wastewater discharge permit shall complete and file with the City Engineer a permit application in the form as required. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this subchapter, and proposed new users shall apply at least 90 days prior to connecting or discharging to the wastewater treatment system.
(2) The City Engineer will evaluate the data furnished by the user and may require additional information. A wastewater discharge permit shall not be issued until an application is complete. After evaluation and acceptance of the data furnished, the City Engineer shall issue a wastewater discharge permit subject to terms and conditions provided herein.
(C) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the wastewater treatment system;
(2) Limits on the average and maximum wastewater constituents and characteristics, in terms of concentration, mass limitations or other appropriate units;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(4) Requirements for installation, maintenance and operation of sampling and monitoring facilities;
(5) Requirements for installation, operation and maintenance of pretreatment facilities;
(6) Specifications for self-monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;
(7) Compliance schedules;
(8) Requirements for submission of technical reports or discharge reports;
(9) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City Engineer, but in no case less than three years, and affording the City Engineer access thereto;
(10) Requirements for notification to and acceptance by the City Engineer for any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system if they may have a significant impact on the sewer collection or treatment systems;
(11) Requirements for notification of slug or accidental discharges as provided in § 53.079 of this code, and reporting of permit violations;
(12) Requirements for disposal of sludges, floats, skimmings and the like; and
(13) Other conditions deemed appropriate by the city to ensure compliance with this subchapter.
(D) Permit duration and renewal.
(1) Permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit renewal a minimum of 90 days prior to the expiration of the user’s existing permit by filing with the City Engineer a renewal application in the form as required.
(2) The terms and conditions of the permit may be subject to modification by the City Engineer during the term of the permit as limitations or requirements as identified in this subchapter are modified or other just cause exists. The City Engineer, upon a determination that the permittee has been in compliance with the expiring permit and is capable of complying with the renewed permit, shall renew a wastewater discharge permit upon the terms and conditions specified for an additional time period, not to exceed five years. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule agreeable to the permittee and the City Engineer for compliance.
(E) Permit modifications.
(1) A wastewater discharge permit may be modified, in whole or in part, by the City Engineer during its term for the following causes:
(a) Amendment of this subchapter where permit provisions are affected;
(b) A change in the city’s wastewater treatment system which results in the permittee’s discharge having a significantly different and negative impact on the system;
(c) A change in the permittee’s wastewater volume or characteristics which will or is likely to have, either singly or by interaction with other wastes, a negative impact on the wastewater treatment system; or
(d) Promulgation of a national categorical pretreatment standard. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to that standard shall be revised to require compliance with the standard within the time frame prescribed by that standard. All users, whether or not they have an existing wastewater discharge permit, shall apply for a new permit as required by this section within 150 days after the promulgation of the applicable national categorical pretreatment standard.
(2) Any modifications in the wastewater discharge permit shall specify a reasonable time schedule for compliance.
(F) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the City Engineer. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(2004 Code, § 53.076) (Ord. 727, passed 12-12-1985)
(A) Self-monitoring reports.
(1) A condition of the wastewater discharge permit shall include the completion and submittal of accurate routine self-monitoring reports to the City Engineer in the form as required. The nature and frequency of routine reporting shall be based upon the information provided in the permit application form. The City Engineer may modify the reporting frequency for a particular permittee based on the permittee’s industrial waste characteristics. Permittees subject to national categorical pretreatment standards shall submit reports to the City Engineer in accordance with the applicable national categorical pretreatment standards. These reports shall be submitted to the City Engineer during the months of July and January, unless required more frequently in the pretreatment standard or by the City Engineer. The report shall indicate the nature and concentration of pollutants in the effluent which are limited by pretreatment standards and include a record of all daily flows which during the reporting period exceeded the average daily flow.
(2) Wastewater discharge records of a permittee shall be kept by the permittee for a period of not less than three years. The permittee shall provide the City Engineer reasonable access to these records during normal business hours. A permittee subject to an applicable national categorical pretreatment standard shall maintain all records required by 40 C.F.R. part 403, “General Pretreatment Regulations”.
(B) Monitoring facilities.
(1) Each permittee that is required to do so by the City Engineer, shall provide and operate, at the permittee’s own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and internal drainage systems at the city’s request. Whenever possible, existing manholes, cleanouts and water meters will be used to meet these requirements. The monitoring facility should normally be situated on the user’s premises, but the City Engineer may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or right-of-way and located so that it will not be obstructed by landscaping or parked vehicles.
(2) There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and compositing of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(3) Whether constructed on a public or private property, the sampling and monitoring facilities shall be provided in accordance with the City Engineer’s requirements and all applicable local construction standards and specifications. If suitable monitoring sites are not in existence, construction shall be completed within 90 days following written notification by the City Engineer, unless a time extension is otherwise granted by the City Engineer.
(2004 Code, § 53.077) (Ord. 727, passed 12-12-1985)
(A) The City Engineer shall have the right to inspect the facilities of any user to ascertain whether the purpose of this subchapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City Engineer ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling or records examination, or in the performance of any of their duties. The City Engineer, MPCA and EPA shall have the right to set up on the user’s property those devices as are necessary to conduct sampling, inspection, compliance monitoring or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements with any security guards so that, upon presentation of suitable identification, the City Engineer, MPCA and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(B) Representative samples of a user’s industrial wastewater shall be collected on normal operating days and in accordance with guidelines as established from time to time. Industrial users subject to general pretreatment regulations shall sample in accordance with the general pretreatment regulations. Self-monitoring facilities for industrial users who are not subject to the general pretreatment regulations shall be at a location before wastewater is mixed with other discharges or at a point where waste can be adequately monitored.
(C) Test procedures for the analysis of pollutants for permit applications and routine self-monitoring shall conform to the guidelines established in 40 C.F.R. part 136 and 40 C.F.R. part 403, “General Pretreatment Regulations”.
(2004 Code, § 53.078) (Ord. 727, passed 12-12-1985)
(A) Users shall provide necessary wastewater treatment before discharging, directly or indirectly, into the wastewater treatment system as required to comply with this subchapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations.
(B) Any facilities required to pretreat wastewater shall be provided, operated and maintained at the user’s expense.
(C) All records relating to compliance with pretreatment standards shall be made available by the City Engineer to officials of the EPA or MPCA upon request.
(2004 Code, § 53.079) (Ord. 727, passed 12-12-1985)
(A) Information and data on a user obtained from applications, permits, monitoring programs and inspections shall be available to the public or other government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City Engineer that the release of this information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(B) When requested by the person furnishing a report, and until that time as the information is determined not to be 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 upon written request to governmental agencies for uses related to this subchapter, the NPDES permit, state disposal system permit or the pretreatment programs; provided, however, that, those portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City Engineer as confidential shall not be transmitted to any governmental agency by the City Engineer until and unless a ten-day notification is given to the user by registered mail.
(2004 Code, § 53.080) (Ord. 727, passed 12-12-1985)
Sludges, floats, skimmings and the like generated by a pretreatment facility shall not be disposed, directly or indirectly, into the wastewater treatment system. These sludges shall be contained, transported and disposed of in accordance with all federal, state and local regulations.
(2004 Code, § 53.081) (Ord. 727, passed 12-12-1985) Penalty, see § 10.99
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