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(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
(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)
(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)
(A) Notification of violation. Whenever the City Engineer finds that any user has violated or is violating this subchapter, the wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the City Engineer may serve upon that user a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the city by the user. If the plan is satisfactory to the City Engineer and the user complies with the plan, the City Engineer may or may not take further action against the user. If the plan is not satisfactory to the City Engineer, the city may take action in accordance with § 53.090 of this chapter. If the user does not comply with the plan, the city may take action in accordance with § 53.091 of this chapter.
(B) Permit revocation. In accordance with the procedures of this subchapter, the City Engineer may revoke the permit of any user who fails to factually report the wastewater constituents and characteristics of its discharge; who misrepresents or fails to disclose fully all relevant facts when obtaining a wastewater discharge permit; who fails to report significant changes in wastewater constituents or characteristics; who refuses reasonable access to the user’s premises for the purpose of inspection or monitoring; or who violates conditions of its permit, this subchapter or applicable state and federal regulations.
(2004 Code, § 53.084) (Ord. 727, passed 12-12-1985)
(A) Notice of hearing. If the violation is not corrected by timely compliance, the City Engineer may order any user who causes or allows an unauthorized discharge to show cause before the Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Council regarding the violation, the reason why the action is to be taken and the proposed enforcement action, and directing the user to show cause before the Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(B) Hearing officials. The Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee to:
(1) Issue, in the name of the Council, notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in the hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Council for action thereon.
(C) Transcripts. At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(D) Issuance of orders.
(1) After the Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. The orders may also revoke the user’s wastewater discharge permit if this subchapter or wastewater discharge permit are violated.
(2) If the user violates an order, the city may take action in accordance with § 53.091 of this chapter.
(2004 Code, § 53.085) (Ord. 727, passed 12-12-1985)
If any person discharges wastewater, industrial wastes or other wastes into the wastewater treatment system contrary to the provisions of this subchapter, federal or state pretreatment requirements or any order of the city, the City Attorney may, following the authorization of that action by the Council, commence an action for appropriate legal and equitable relief.
(2004 Code, § 53.086) (Ord. 727, passed 12-12-1985)
(A) A list of the users who were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the 12 previous months shall be annually published by the city in a local newspaper. The notification shall also summarize any enforcement actions taken against the user during the same 12 months.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SIGNIFICANT VIOLATIONS. Violations which remain uncorrected 45 days after notification of non-compliance, which are a part of a pattern of non-compliance over a 12-month period or which involve a failure to accurately report non-compliance.
(C) Users will be notified by letter prior to publication of a list if they are included on the list, and will be given one week to respond to the City Engineer regarding the appropriateness of their inclusion.
(2004 Code, § 53.087) (Ord. 727, passed 12-12-1985)
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