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Hutchinson, MN Code of Ordinances
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§ 53.082 SELF-MONITORING REPORTS; MONITORING FACILITIES.
   (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)
§ 53.083 INSPECTION, SAMPLING AND ANALYSIS.
   (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)
§ 53.084 PRETREATMENT.
   (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)
§ 53.085 CONFIDENTIALITY.
   (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)
§ 53.086 SLUDGES GENERATED; DISPOSAL.
   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
§ 53.087 FINAL COMPLIANCE DATE; REPORTING REQUIREMENTS.
   (A)   Within 90 days following the date for final compliance with applicable pretreatment standards or in the case of the commencement of a new discharge to the wastewater discharge system, any user subject to pretreatment standards and requirements shall submit to the City Engineer a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user’s facility which are limited by those pretreatment standards or requirements.
   (B)   The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user and certified by a qualified professional.
(2004 Code, § 53.082) (Ord. 727, passed 12-12-1985)
§ 53.088 EMERGENCY SUSPENSION OF SERVICE AND PERMIT.
   (A)   The City Engineer may suspend the wastewater treatment service of a user and a wastewater discharge permit (after informal notice to the discharger) when suspension is necessary, in the opinion of the City Engineer, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment or to the wastewater treatment system or would cause the city to violate any condition of its NPDES or state disposal system permit. The City Engineer shall follow up with a formal notice to a designated representative of the user within an hour after the informal notice is given to the user.
   (B)   (1)   Any user notified of a suspension of the wastewater treatment service or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the City Engineer shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment system or endangerment to any individuals. The city may also take action in accordance with § 53.091 of this chapter.
      (2)   The City Engineer shall reinstate the wastewater discharge permit and the wastewater treatment service upon proof of the elimination of the non-complying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
      (3)   A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the City Engineer within 15 days of the date of occurrence.
(2004 Code, § 53.083) (Ord. 727, passed 12-12-1985)
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