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1. Purpose. It is the purpose of this Section to provide for the recovery of costs from industrial users of the sewer system for the implementation of the industrial pretreatment program established herein. The applicable charges or fees shall be set forth in the City's schedule of charges and fees.
2. Fees That May Be Charged. The City may adopt charges and fees which may include:
A. Fees for reimbursement of costs of setting up and operating the industrial pretreatment program.
B. Fees for monitoring, inspections and surveillance procedures.
C. Fees for reviewing accidental discharges procedures and construction.
D. Fees for wastewater discharge permit applications.
E. Fees for filing appeals.
F. Fees for consistent removal (by the sewage treatment plant) of pollutants otherwise subject to categorical standards.
G. Other fees as the City may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this Part and are separate from all other fees chargeable by the City.
(Ord. 7-6-2010, 7/6/2010, § 3.5)
1. Wastewater Analysis. When requested by the Superintendent, a user must submit information on the nature and characteristics of its wastewater within 5 days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.
2. Individual Wastewater Discharge Permit Requirement. Discharge of any industrial waste to the sewer system without a wastewater discharge permit, except as authorized by the City in accordance with the provisions of this Part, is an unauthorized discharge and subject to the penalties provided herein. Each industrial user has an obligation to make reasonable efforts to determine if it is a significant industrial user and therefore subject to the permitting requirements of subsection .3 of this Section.
3. Significant Industrial User. All significant industrial users proposing to discharge wastewater into the POTW shall first obtaining an individual wastewater discharge permit from the City, except that a significant industrial user that has filed a timely application pursuant to subsection .6 of this Section may continue to discharge for the time period specified therein.
4. Other Industrial Users. Industrial users which are not significant industrial users do not require a wastewater discharge permit, but are required to comply with all other provisions of this Part. If an industrial user makes changes to processes, flow, wastewater concentration, wastewater characteristics or other changes which result in the industrial user meeting the definition of significant industrial user, the industrial user shall, immediately upon becoming aware that such a change has occurred, or 90 days prior to such change if it is planned, notify the City and apply for a wastewater discharge permit. The City may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this Part.
5. Permit Violations. Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Part and subjects the wastewater discharge permittee to the sanctions set out in § 18-518 of this Part. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.
6. Individual Wastewater Discharge Permitting Existing Connections. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Part and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the City or an individual wastewater discharge permit in accordance with subsection .8 of this Section, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this Part except in accordance with an individual wastewater discharge permit issued by the City.
7. Individual Wastewater Discharge Permitting New Connections. Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with subsection .8 of this Section, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
8. Individual Wastewater Discharge Permit Application Contents. All users required to obtain an individual wastewater discharge permit must submit a permit application in the form prescribed by the City and accompanied by the fee prescribed in the City's schedule of fees. The City may require users to submit all or some of the following information as part of a permit application:
A. The name and address of the facility (or location if different then the address), including the name of the operator and owner.
B. Contact information including the telephone and fax numbers of the personal responsible for the operation of the facility.
C. SIC number or numbers according to the “Standard Industrial Classification Manual,” Bureau of the Budget, 1972, as amended.
D. Environmental Permits. A list of any environmental control permits held by or for the facility.
E. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
F. Time and duration of wastewater discharges.
G. Wastewater constituents and characteristics as required by the City, as determined by a qualified analyst.
(1) Sampling and analyses shall be performed in accordance with procedure established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
(2) Sample results shall be accompanied by a signed statement of the authorized representative that the samples analyzed are representative of the normal discharge during the routine operation of the discharging facility.
H. A brief description of the nature, average rate of production including each product produced by type, amount, processes, and rate of production, and standard industrial classifications of the operation(s) carried out by such user.
I. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
J. Number and type of employees, hours of operation, and proposed or actual hours of operation of pretreatment facility.
K. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
L. The location for monitoring all wastes covered by the permit.
M. The measured average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variation in gallons, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in § 18-517.D(2)(c) (40 CFR 403.6(e)).
N. The nature and concentration of any pollutants in the discharge which are limited by any City, State, or national pretreatment requirements (including local limits) or categorical standards, and a statement regarding whether or not the categorical standard or pretreatment requirements are being met on a consistent basis and, if not, how the industrial user proposes to meet the pretreatment standards and requirements, including whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the applicable standard. If the applicant is a categorical industrial user, this statement shall be signed by a certified professional.
O. If additional pretreatment and/or O&M will be required to meet categorical standards or other pretreatment requirements (including local limits), the shortest schedule by which the industrial user will provide such additional pretreatment shall be developed and submitted. The completion date of this schedule shall not be later than the compliance date established for any applicable categorical standard. The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical standards or other pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.)
(2) No increment referred to in subparagraph (1) shall exceed 9 months.
(3) Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the City, including, as a minimum, whether or not it complied with the increment of the progress to be met on such date and, it not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the City.
P. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
Q. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
R. Any other information as may be deemed by the City to be necessary to evaluate the application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
9. Application Signatories and Certifications. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 18- 517.3. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the City prior to or together with any reports to be signed by an authorized representative.
10. Individual Wastewater Discharge Permit Decisions. The City will evaluate the data furnished by the user and may require additional information. The City will then determine whether to issue an individual wastewater discharge permit. The City may deny any application for an individual wastewater discharge permit.
11. Confidentiality of Applications.
A. All information required by the City in the permit application shall be provided by the industrial user to the best of its ability.
B. If information regarding raw materials, processes, production rates or other manufacturing information is regarded as confidential by the industrial user, such information shall be marked “confidential” on the application form.
C. Confidentiality shall not apply to information regarding the flow of or the constituents in the industrial wastewater discharge.
D. Information accepted by the City as confidential shall be handled as detailed in § 18-517.14 of this Part.
12. Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed 5 years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than 5 years, at the discretion of the City. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. The industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 180 days prior to the expiration of the industrial user's existing wastewater discharge permit. The terms and conditions of the wastewater discharge permit may be subject to modification by the City during the term of the wastewater discharge permit as limitations or requirements as indicated in § 18-513 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
13. Delayed Permit Renewal.
A. If the industrial user has complied with the terms of the wastewater discharge permit and this Part, and has applied for renewal as provided for in subsection .12 of this Section and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect until it is re-issued or rescinded by the City.
B. If the wastewater discharge permit is not renewed because of a failure of the industrial user to apply for renewal in a timely fashion or through an act or omission of the industrial user, then discharge of industrial waste by the industrial user without a wastewater discharge permit is an unauthorized discharge and is subject to the enforcement provisions of this Part.
14. Appeal of Wastewater Discharge Permits.
A. Any industrial user that is issued a wastewater discharge permit may appeal the permit conditions, in whole or in part. Appeal procedures shall be set forth in § 18-518.10 of this Part.
B. During the process of appeal, the wastewater discharge permit shall remain in effect and shall be enforced with the exception of those conditions specified in writing in the appeal. Conditions imposed by Federal or State regulations (e.g., categorical standards) shall not be waived. Conditions which, in the opinion of the City, would set hazard or pose potential threat of pollution if waived, shall not be waived during an appeal.
15. Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the City to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
A. Individual wastewater discharge permits must contain:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with subsection .16 of this Section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3) Effluent limits, including best management practices, based on applicable pretreatment standards.
(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
(6) Requirements to control slug discharge, if determined by the City to be necessary.
B. Wastewater discharge permits shall be expressly subject to all provisions of this Part and all other applicable regulations, user charges and fees established by the City. Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(2) Limits on the average and maximum wastewater constituents and characteristics, including local limits and/or categorical standards, as applicable.
(3) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
(4) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges such as slug load as per § 18-513.11.
(5) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(6) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(7) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices.
(8) A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit.
(9) List of prohibited discharges, as presented in § 18-513 of this Part.
(10) Requirements for submission of technical reports or discharge reports, including the information to be contained and the signatory requirement of these reports.
(11) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
(12) Requirements for maintaining and retaining records relating to industrial waste and wastewater discharges and characteristics as specified by the City and affording the City access thereto.
(13) Requirements for installation and maintenance of pretreatment facilities.
(14) Compliance schedules.
(15) Other conditions as deemed appropriate by the City to ensure compliance with this Part, and State and Federal laws, rules, and regulations.
16. Transferability of Permits. Wastewater discharge permits are issued to a specific industrial user for specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new person, new industrial user, different premises or a new or changed operation without the approval of the City. Any succeeding industrial user shall also comply with the terms and conditions of the existing wastewater discharge permit. The City may, at its discretion, deny the transfer of a wastewater discharge permit and require application for a new wastewater discharge permit under the provision of this Section.
17. Permit Modification. The City may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.
B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance.
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
D. Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters.
E. Violation of any terms or conditions of the individual wastewater discharge permit.
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
H. To correct typographical or other errors in the individual wastewater discharge permit. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection .16 of this Section.
18. Change in Operations. Each user must notify the City of any significant changes to the user's operations or system including manufacturing processes, raw materials, auxiliary processes, pretreatment processes, or other changes which might alter the nature, quality, volume or flow rate of its wastewater at least 30 days before the change, or if unplanned, immediately upon making the change. The report shall include all information necessary to determine the effect on the wastewater of the change.
A. The City may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 18-514.8 of this Part.
B. The City may, on receipt of such a report:
(1) Continue an existing wastewater discharge permit in effect.
(2) Require application for a new wastewater discharge permit.
(3) Modify an existing wastewater discharge permit to reflect the changed nature of the waste.
(4) Rescind and re-issue an existing wastewater discharge permit in order to make substantial changes in wastewater discharge permit conditions.
(5) Revoke an existing wastewater discharge permit ore require the industrial user to cease or prevent the discharge.
(6) Take such action as it deems appropriate.
(Ord. 7-6-2010, 7/6/2010, § 3.6)
1. Baseline Monitoring Reports.
A. As soon as possible following the promulgation of a categorical standard, the wastewater discharge permit of industrial users subject to such standards shall be revised, if necessary, to require compliance with such categorical standards within the time frame prescribed by the categorical standard.
B. Where an industrial user, subject to newly promulgated categorical standard, has not previously submitted an application for a wastewater discharge permit as required by § 18-515.8, the industrial user shall, within 180 days after the promulgation of the applicable categorical standard:
(1) Apply for a wastewater discharge permit.
(2) Provide the baseline monitoring information required by 40 CFR § 403.12(b). This information may be incorporated into the application for a wastewater discharge permit.
C. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a) (4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the City a report which contains the information listed in paragraph .D, below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the City a report which contains the information listed in paragraph .D, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
D. Users described above shall submit the information set forth below:
(1) All information required in subsection .8 of this Section. (See 40 CFR 403.12(b) (1)).
(2) Measurement of Pollutants.
(a) The user shall provide the information required in subsection .8.G, .N, .P and .Q of this Section.
(b) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
(c) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority.
(d) Sampling and analysis shall be performed in accordance with subsections .6 and .7 of this Section.
(e) The City may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(f) The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(3) Compliance Certification. A statement, reviewed by the user's authorized representative as defined in § 18-513.2 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(4) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in subsection .2 of this Section.
2. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by subsection .1.D.(4) of this Part.
A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).
B. No increment referred to above shall exceed 9 months.
C. The user shall submit a progress report to the City no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.
D. In no event shall more than nine months elapse between such progress reports to the City.
3. Signature and Report Certification.
A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 18-516.7 and .8; users submitting baseline monitoring reports under subsection .1 of this Section (See 40 CFR 403.12 (1)); users submitting reports on compliance with the categorical pretreatment standard deadlines under subsection .4 of this Section (See 40 CFR 403.12(d)); users submitting periodic compliance reports required by subsection .5 of this Section (See 40 CFR 403.12(e) and (h)). The following certification statement must be signed by an authorized representative as defined in § 18-512.
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
4. Categorical Compliance Report. Within 90 days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the discharge of industrial waste from processes regulated by categorical standards shall submit to the City a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards and the average and maximum daily flow for those process units in the industrial user's facility which are limited by such categorical standards. The report shall certify that the information contained therein concerning wastewater constituents and flows is representative of discharges during normal work cycles. The report shall also state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operation and management practices and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical standards, and including a schedule for completion of the required actions in the form described in subsection .2 of this Section.
5. Periodic Compliance Reports.
A. All significant industrial users must, at a frequency determined by the City but no less than twice per year (June and December) submit reports indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the user.
B. For significant industrial users subject to categorical standards, if discharge limits are based on mass units per production unit, then production information regarding the regulated processes during the reporting period shall be included in the report, along with flow and concentration values, so that a determination of compliance or noncompliance with categorical standards can be made.
C. All periodic compliance reports must be signed and certified in accordance with subsection .3 of this Section.
D. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
E. If a user subject to the reporting requirement in this Section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using the procedures prescribed in subsection .6 of this Section, the results of this monitoring shall be included in the report. (See 40 CFR 403.12(g) (6)).
6. Reporting and Re-Sampling of Discharge Limit Violations.
A. If, upon receipt of valid sampling and testing results, a significant industrial user becomes aware that a violation of discharge limits has occurred, the significant industrial user shall, within 24 hours of becoming aware of the violation, notify the City of this fact. Within 30 days of becoming aware of the violation, the significant industrial user shall also sample and analyze its discharge(s) for each parameter found to be in violation and report the results of the re-sampling and analysis to the City.
B. Each significant industrial user shall have a duty, on receipt of validly obtained sampling and analysis results, of inspecting the results and determining if any wastewater discharge permit condition has been violated. Failure to examine and compare testing results with wastewater discharge permit conditions shall not be a valid defense for failure to comply with these reporting conditions.
7. Sampling and Analysis.
A. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City or other parties approved by EPA.
B. Monitoring results submitted to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report that is representative of conditions occurring during the reporting period.
C. Except as indicated in paragraph .D and .E below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
D. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
E. For sampling required in support of baseline monitoring and 90-day compliance reports required in § 18-517.1 and .2 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the City may authorize a lower minimum. For the reports required by paragraphs in § 18-517 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
8. Monitoring Facilities.
A. The City may require an industrial user to provide and operate, at the industrial user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the wastewater or industrial waste discharge. The monitoring facility should normally be situated on the industrial user's premises, but the City may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user.
C. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the City.
9. Individual Wastewater Discharge Permit Reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 18-516.8 of this Part, a minimum of 180 days prior to the expiration of the user's existing individual wastewater discharge permit.
10. Inspections. The City shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Part and any individual wastewater discharge permit or order issued hereunder. Users shall allow the City ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, The Superintendent or Pretreatment Coordinator shall be permitted to enter without delay for the purposes of performing specific responsibilities.
B. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent or Pretreatment Coordinator and shall not be replaced. The costs of clearing such access shall be borne by the user.
C. Unreasonable delays in allowing the City access to the user's premises shall be a violation of this Part.
11. Reports from Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Superintendent as the City may require.
12. Date of Receipt of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
13. Recordkeeping.
A. Users subject to the reporting requirements of this Part shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Part, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least 3 years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the City.
B. The City shall keep and maintain all records relating to the administration and enforcement of the industrial pretreatment program including, but not limited to, wastewater discharge permit applications, investigations and calculations, wastewater discharge permits, inspection reports, industrial user reports, sampling results and enforcement activities for a minimum of 3 years. In case of ongoing litigation, records shall be maintained as long as they may be required.
14. Confidentiality.
A. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the Superintendent's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data.
B. When requested and demonstrated by the user furnishing a report that such information should be held 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
C. The City shall maintain a secure place to store records containing confidential information and shall insure that all records marked as confidential are kept secure from casual or public scrutiny.
D. When information accepted by the City as confidential is transmitted to any government agency, a notification to the industrial user shall be provided listing the confidential information transmitted and the governmental entity requesting it.
(Ord. 7-6-2010, 7/6/2010, § 3.7)
1. Right to Refuse. The City reserves the right to refuse to accept wastewater, or combinations of wastewater, which are discharged in violation of the terms or conditions of the industrial pretreatment program or any written directions issued by the City pursuant to the conditions of the industrial pretreatment program. The City may take such steps as it deems necessary, as outlined in this Part, to compel discontinuance of use of the sewer system or pretreatment of industrial wastes in order to comply with the provisions of the industrial pretreatment program.
2. Individual Wastewater Discharge Permit Revocation.
A. The City may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the City of significant changes to the wastewater or the operations prior to the changed discharge.
(2) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(3) Falsifying self-monitoring reports and certification statements.
(4) Tampering with monitoring equipment.
(5) Refusing to allow the City timely access to the facility premises and records.
(6) Failure to meet effluent limitations.
(7) Failure to pay fines.
(8) Failure to pay sewer charges.
(9) Failure to meet compliance schedules.
(10) Failure to complete a wastewater survey or the wastewater discharge permit application.
(11) Failure to provide advance notice of the transfer of business ownership of a permitted facility.
(12) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Part.
B. Discharge of any industrial waste to the sewer system by a significant industrial user without a wastewater discharge permit is an unauthorized discharge, as provided in, and is subject to the penalties provided herein.
C. Any industrial user notified of a revocation of its wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the industrial user to comply voluntarily with the notice of revocation, the discharge shall be considered an unauthorized discharge and the City shall take such steps as deemed necessary, which may include immediate severance of the connection between the building sewer and the sewage collection system, to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person.
D. Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit that user.
3. Suspension of Permit.
A. The City may suspend the wastewater discharge permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference or pass through or causes the City to violate any condition of its NPDES permit or any other national or State law, rule, regulation or permit condition.
B. Any industrial user notified of a suspension of its wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the industrial user to comply voluntarily with the notice of suspension, the discharge shall be considered an unauthorized discharge and the City shall take such steps as deemed necessary, including immediate severance of the connection between the building sewer and the sewage collection system, to prevent or minimize damage to the sewer system or endangerment to the environment or any property or person.
C. If a permit has been suspended as a result of an unauthorized discharge, which discharge resulted in or contributed to damages to the sewer system or to any person or property, the permit shall not be reinstated until such time as all such damages have been satisfied.
D. The City shall reinstate the wastewater discharge permit upon submission of proof by the industrial user of the elimination of the unauthorized discharge. A detailed written statement submitted by the industrial user describing the causes of the unauthorized discharge and the measures taken to prevent any future occurrence shall be submitted to the City within 15 days of the date of occurrence.
4. Notice of Violation. Whenever the City finds that any industrial user has violated or is violating this Part, its wastewater discharge permit or any prohibition, limitation or requirements contained herein, the City may serve upon such industrial user a written notice stating the nature of the violation and requiring a response within a specified time. Within 5 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the City. Responses required of industrial users may include, but are not limited to, actions, plans, compliance schedules or written explanations. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this Section shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
5. Show Cause Hearing.
A. Any industrial user who causes or allows an unauthorized discharge to enter the sewer system, or who violates any condition or requirement of the industrial pretreatment program or its wastewater discharge permit, may request to show cause before the City Manager why the proposed enforcement action should not be taken. A written notice shall be served on the industrial user specifying the time and place of a hearing to be held by the City Manager regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the industrial user to show cause before the City Manager why the proposed enforcement action should be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation if the industrial user is a corporation.
B. The City Council may designate any of its members or any representative to:
(1) Issue in the name of the City notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing.
(2) Conduct the hearing.
(3) Take the evidence.
(4) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations for action thereon.
C. At any hearing held pursuant to this Part, 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 thereof.
D. After the City Manager has reviewed the evidence, he shall, in writing, direct the industrial user to take certain actions to correct the unauthorized discharge or to achieve compliance. The actions which may be directed include, but are not limited to:
(1) Installation of pretreatment facilities or equipment.
(2) Modification or additions to existing pretreatment facilities or equipment.
(3) Initiation of management practices which are required to alter the nature of the industrial waste being discharged.
(4) Development or implementation of SPCC plans or other measures.
(5) Other measures found to be necessary to correct the unauthorized discharge or other noncompliance.
(6) The direction may be in form of a schedule for compliance, setting dates by which certain actions shall be taken.
E. Failure of an industrial user to comply with written directions issued pursuant to a hearing constitutes a violation of this Part.
6. Administrative Orders. The City shall issue written directions as described in subsection .5.D, above, without a show cause hearing if the City determines that such directions are necessary to correct or remedy continuing violations of this Part or any wastewater discharge permit or other requirements of the industrial pretreatment program, the City or Federal or State regulations.
7. Compliance Orders. When the City finds that a user has violated, or continues to violate, any provision of this Part, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
8. Cease and Desist Orders. When the City finds that a user has violated, or continues to violate, any provision of this Part, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the City shall issue an order to the user directing it to cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements.
B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/ or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
9. Consent Orders. The City may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections .7 and .8 of this Section and shall be judicially enforceable.
10. Right of Appeal.
A. An industrial user may appeal the enforcement actions enumerated above in subsections .2, .3, .5., and .6 of this Section; or wastewater discharge permit conditions, in whole or in part. An appeal is subject to the following requirements:
(1) The appeal must be made in writing to City Council.
(2) The appeal must be made within 30 calendar days from the date of receipt of the wastewater discharge permit, written directions or notice of denial, suspension, modification or revocation of a wastewater discharge permit being appealed by the industrial user.
(3) The appeal must state the specific provision(s) of a wastewater discharge permit or the specific directions of the City which are being contested.
(4) The appeal must state the reason for the appeal of each provision.
(5) The appeal may suggest alternate or revised provisions to replace those appealed.
B. Provisions mandated by Federal or State regulations (e.g., compliance with categorical standards) shall not be appealed.
C. The appeal shall be reviewed by the City Manager.
D. Within 30 days of receipt, the City Manager shall report, in writing, to City Council the results of the review. The report shall contain, at a minimum:
(1) A summary of each item appealed the appellant's reasons for appeal and the appellant's proposed remedies, if any.
(2) The finding of merit for each point and the reason(s) for finding.
(3) For each point found to be with merit, a proposed remedy and a finding that the remedy is allowable under this Part and all applicable Federal, State and local rules, regulations and laws.
E. City Council shall review the report and, at one or more regular or special public meetings, take any additional testimony offered by the appellant, reviewer, pretreatment program coordinator or other interested party. City Council shall, within 45 days of the conclusion of testimony, decide to:
(1) Grant the appeal or portions of the appeal, applying such remedies as it deems proper.
(2) Deny the appeal.
Such decision of City Council constitutes final administrative action.
11. Publication of Users in Significant Noncompliance. The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs .C and .D of this Section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter taken during a 6-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 3.2.
B. Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a 6-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 3.2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment standard or requirement as defined by § 3.2 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public.
D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of his emergency authority to halt or prevent such a discharge.
E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.
F. Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.
G. Failure to accurately report noncompliance.
12. Records. The City shall maintain records of all enforcement actions taken, the reasons for those actions and the results of those actions. These records shall be made available to the public during normal City business hours.
13. Civil Actions. If any person violates the provisions of the industrial pretreatment program, including local, national or State pretreatment requirements, categorical standards or any wastewater discharge permit or written directions issued by the City, the City may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of Clinton County or any other appropriate forum.
A. When the City finds that a user has violated, or continues to violate, any provision of this Part, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may fine such user in an amount not to exceed $1,000 and costs. Such fines shall be assessed on a per violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. In default of payment of said fines and costs, user will be subject to a term of imprisonment not to exceed 30 days.
B. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Part or the rules, regulations and permits issued hereunder.
C. Users desiring to dispute such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the City may convene a hearing on the matter. In the event the user's appeal is successful, the payment shall be returned to the user. The City may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
14. Injunctive Relief. When the City finds that a user has violated, or continues to violate, any provision of this Part, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may petition the Clinton County Court of Common Pleas through the City's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, or other requirement imposed by this Part on activities of the user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
15. Remedies Nonexclusive. The remedies provided for in this Part are not exclusive. The City may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City may take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 7-6-2010, 7/6/2010, § 3.8)
1. Enforcement Response Plan. The City shall develop an enforcement response plan to guide the pretreatment coordinator in the administration of the industrial pretreatment program. The enforcement response plan shall meet the requirements of 40 CFR § 403.8(f) (5) regarding the contents of enforcement response plans. The pretreatment coordinator shall be guided by the enforcement response plan when reviewing industrial user reports, inspection results and other compliance information, and when recommending to the City enforcement action in response to noncompliance.
2. Payment of Outstanding Fees and Penalties. The City may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this Part, a previous individual wastewater discharge permit, or order issued hereunder.
3. Water Supply Severance. Whenever a user has violated or continues to violate any provision of this Part, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.
4. Affirmative Defenses to Discharge Violations.
A. Upset.
(1) For the purposes of this Section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subparagraph (3), below, are met.
(3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset.
(b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures.
(c) The user has submitted the following information to the City within 24 hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within 5 days]:
1) A description of the indirect discharge and cause of noncompliance.
2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
3) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(4) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(5) Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
B. Prohibited Discharge Standards.
(1) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 18-513.1 of this Part or the specific prohibitions in § 18-513.3.A through .3.S of this Part if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference.
(b) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
C. Bypass.
(1) For the purposes of this Section:
(a) Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility.
(b) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs .C(4) and .C(5) of this Section.
(3) Bypass Notifications.
(a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the City, at least 10 days before the date of the bypass, if possible.
(b) A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(4) Bypass is prohibited, and the City may take an enforcement action against a user for a bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance.
(c) The user submitted notices as required under paragraph .C(3) of this Section.
(5) The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the three conditions listed in paragraph .C(4) of this Section.
(Ord. 7-6-2010, 7/6/2010, § 3.9)