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(a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the Federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City Engineer 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 Engineer for review, and shall be acceptable to the City Engineer before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City Engineer under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City Engineer prior to the user's initiation of the changes. All records relating to compliance with pretreatment standards shall be made available by the City Engineer to officials of the EPA or OEPA upon request.
(Ord. 96-84. Passed 9-17-1984.)
(b) When, in the opinion of the Director of Public Works, it becomes necessary for industrial users to install technology or provide additional operation and maintenance (O & M) to meet any condition of this chapter or an applicable administrative order, the Director shall require the development of the shortest schedule by which the industrial user will provide this additional technology or O & M. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events. Under no circumstances shall any increment exceed nine months. Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director, which shall include, at a minimum, whether or not such user complied with the increment of progress to be met on such 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 to return the schedule established.
(Ord. 88-91. Passed 10-7-1991.)
(a) Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City Engineer that the release of such 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, 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 chapter, the NPDES permit and/or the pretreatment programs; provided, however, that such 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 shall not be recognized as confidential information.
(c) Information accepted by the City Engineer as confidential shall not be transmitted to any governmental agency or to the general public by the City Engineer until and unless a ten- day notification is given to the user.
(Ord. 96-84. Passed 9-17-1984.)
Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the City's wastewater disposal system. Such sludges shall be contained, transported and disposed of by haulers in accordance with all Federal, State and local regulations. (Ord. 96-84. Passed 9-17-1984.)
(a) All industrial users shall notify the City immediately of any discharge violation of this chapter, including slug loadings and discharges which could cause problems to the City, in order to enable countermeasures to be taken by the City Engineer to minimize damage to the wastewater disposal system and the receiving waters. Such notification will not relieve users of liability for any expense, loss or damage to the wastewater disposal system or treatment processes, or for any fines imposed on the City on account thereof under any State or Federal law.
(b) All industrial users shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in their discharge.
(c) The City Engineer may suspend wastewater treatment service and/or a user's wastewater discharge permit when such suspension is necessary, in the opinion of the City Engineer, 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 disposal system, or an actual or threatened discharge that would cause the City to violate any condition of its NPDES permit.
(d) Any user notified of suspension of wastewater treatment service and/or such user's wastewater discharge permit shall immediately stop the discharge. In the event that the user fails to comply voluntarily with the suspension order, the City Engineer shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individuals The City Engineer shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. 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 fifteen days of the date of occurrence. (Ord. 88-91. Passed 10-7-1991.)
In accordance with the procedures of Section 913.18, the City Engineer may revoke the permit of any industrial user which fails to factually report the wastewater constituents and characteristics of his discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring, or for violation of conditions of its permit, this chapter or applicable State and Federal regulations.
(Ord. 96-84. Passed 9-17-1984.)
Whenever the City Engineer finds that any industrial user has violated or is violating this chapter, the wastewater discharge permit or any prohibition, limitation or requirement contained herein, the City Engineer may serve upon such person a written notice stating the nature of the violation. Within thirty days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.
(Ord. 96-84. Passed 9-17-1984.)
(a) Notice of Hearing. If the violation is not corrected by timely compliance the City Engineer may order any user which causes or allows an unauthorized discharge to show cause before 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 Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before 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. Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City to:
(1) Issue in the name of Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to Council for action thereon.
(c) Transcripts. At any hearing held pursuant to this chapter, testimony taken shall be under oath and recorded stenographically. The transcript, so recorded, shall be made available to any member of the public or party to the hearing upon payment of the usual charges therefore.
(d) Issuance of Orders. After 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.
(Ord. 96-84. Passed 9-17-1984.)
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