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§ 51.068 REPORTING REQUIREMENTS FOR PERMITTEE.
   (A)   Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report, on forms provided by the city, 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 facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional user operation and maintenance or pretreatment techniques or installations are necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional as defined in General Pretreatment Regulations.
   (B)   Periodic compliance reports. Any industrial user subject to an applicable pretreatment standard, after the compliance date of such applicable pretreatment standard or, in the case of a new source, after discharge of wastewater to the POTW begins, shall submit to the Superintendent, a certified report indicating the nature and concentration of pollutants in the effluent which are limited by such applicable pretreatment standards at the frequency specified in the industrial discharge permit. The certified reports of the industrial user shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the industrial discharge permit. The frequency of monitoring by the industrial user shall be as prescribed in the industrial discharge permit. Wastewater analysis shall be made in accordance with Standard Methods. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Superintendent may accept reports of average and maximum flows estimated by verifiable techniques.
(Ord. 1984-35, passed 12-18-84)
§ 51.069 DENIAL OF PERMIT; APPEAL.
   (A)   No discharge permit shall be issued by the city to any person whose discharge of material to sewers, whether shown upon his application or determined after inspection and testing conducted by the city, is not in conformity with city ordinances, and regulations, unless a variance of such nonconformity is granted by the Board in the manner set forth in this chapter. The Superintendent shall state the reason or reasons for denial or requirement for variance in writing, which shall be mailed or personally delivered to the applicant within five days after denial or determination of a need for a variance. Where a variance is required, users shall follow the procedures set forth in this chapter. Such petition for variance shall be filed within 15 days of the receipt of the Superintendent's requirements for a variance.
   (B)   If the application is deemed unsatisfactory by the Superintendent, or if the discharge indicated from the permit application or inspection is not in accordance with the requirements of this chapter, the user may obtain review of the denial by the Board, provided that the user shall give written notice of this request therefore, within 30 days after receipt of such denial. The Board shall review the permit application, the written denial and such other evidence and matters as the applicant and Superintendent shall present at the Board's next regular meeting following receipt of request for review, and the decision of the Board shall be final.
   (C)   In the event it is determined by the Superintendent that any discharge of wastewater to a sewer materially and substantially differs in type and volume from those characteristics set forth in the application and discharge permit issued based on a said application, the user shall be subject to revocation of discharge permit, disconnection, fine, and other penalties as herein provided.
(Ord. 1984-35, passed 12-18-84)
§ 51.070 MONITORING FACILITIES.
   (A)   The city shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems. Where required by federal or state regulations, such monitoring facilities shall be provided at the end of a process wherein incompatible pollutants are used, produced, or treated. The monitoring facility will normally be situated on the user's premises but the city may, when such a location would be impractical or cause undue hardship to the 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, parked vehicles, or other activities of the user.
   (B)   Whenever required by city, the owner or any property serviced by a building-sewer carrying nonresidential wastewater shall install a large manhole or sampling chamber for each separate discharge in the building-sewer in accordance with plans and specifications approved by the Superintendent, installed and maintained at all times at user's expense, which shall have ample room in each sampling chamber to permit the city to take accurate composite samples for analysis. The chamber shall be safely, easily and independently accessible to authorized representatives of the city during the user's normal production hours.
      (1)   Each sampling chamber shall contain a flow monitoring device approved by the city with a recording and totalizing register for measurement of the liquid quantity; or at the discretion of the city the metered water supply to the industrial plant may be used as the liquid quantity where it is substantiated by the user that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment agreed to by the city is made in the metered water supply to determine the liquid waste quantity.
      (2)   When required, samples shall be taken every hour or half hour, as determined by the city and properly refrigerated and preserved in accordance with Standard Methods and shall be composited in proportion to the flow for a representative 24-hour sample. Such sampling shall be done as prescribed by the city.
      (3)   The frequency of sampling, sampling chamber, metering device, sampling methods and analyses of samples shall be subject, at any time, to inspection and verification by the city.
   (C)   All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this section shall be determined in accordance with Standard Methods.
(Ord. 1984-35, passed 12-18-84)
§ 51.071 INSPECTION, SAMPLING, AND RECORDKEEPING.
   (A)   The city may inspect the facilities of users to ascertain whether the purposes of this chapter are being met and if all requirements of the chapter are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representatives ready access upon presentation of credentials at reasonable times to all parts of said premises where wastewater is generated or chemicals are stored for the purposes of inspection, sampling, examination of records required to be kept by this chapter, and in the performance of any of their duties. The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling, monitoring, and metering operations. Where a user has security measures in force which would require suitable identification necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city shall be permitted to enter immediately for the purposes of performing their specific responsibilities. Such arrangements shall be made by users with their security guards within 30 days of the passage of this chapter.
   (B)   Users and city shall maintain records of all information resulting from any monitoring activities required by this chapter or, in the case of industrial users, by Section 403.12(n) of the General Pretreatment Regulations. The city and industrial users shall maintain such records for a minimum of three years. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or operation of city's pretreatment program or when requested by the Superintendent.
(Ord. 1984-35, passed 12-18-84)
§ 51.072 PRETREATMENT OPERATION AND FACILITIES.
   (A)   Users shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by appropriate statutes, regulations, and ordinances. National Categorical Pretreatment Standards shall be incorporated in this chapter by reference. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, properly operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities shall be submitted to the city for review and must be acceptable to the city before construction of the facility. The user shall obtain all necessary construction-operating permits from the ISBOH. Such pretreatment facilities shall be under the control and direction of an ISBOH certified wastewater treatment operator. The review of such plans shall in no way relieve the user from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Within a reasonable time after the completion of the wastewater treatment facility, the user shall furnish its operations and maintenance procedures for the city to review. Any subsequent significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the city prior to the user's initiation of the changes.
   (B)   The city shall annually publish in the Madison Courier a list of users who have caused significant violations of any pretreatment requirements or standards during the previous 12 months. The notification shall also summarize any enforcement actions taken against those users during the same 12 months.
(Ord. 1984-35, passed 12-18-84)
§ 51.073 CONFIDENTIAL INFORMATION.
   (A)   Information and data relating to 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 agency 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 of the user. When requested by the person furnishing a report, and until such time as the information is determined not to be confidential by agreement between the Board and the user, 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 National Pollutant Discharge Elimination System (NPDES) permit, and 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. The wastewater constituents and characteristics in amounts or concentrations which will cause a violation of this chapter will not be recognized as confidential information.
   (B)   Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a 30-day notification is given to the user.
(Ord. 1984-35, passed 12-18-84)
§ 51.074 DISCHARGES EXCEEDING SPECIFIED STANDARDS.
   Should analysis by the city of the discharge of any user show that such discharge exceeds standards specified in this chapter or any condition of an industrial wastewater discharge permit, the city may, at its option, institute voluntary compliance proceedings or take such other actions as are authorized by this chapter, statutes, regulations, at law, or in equity. Additionally, should the city, at its option, elect to begin voluntary compliance proceedings and then determine that such proceedings are ineffective or futile or are likely to be ineffective or futile if continued, it may terminate said voluntary compliance proceedings at such point, and, at the option of the Board require the user to attend a standards meeting or proceed with any other remedies authorized by this chapter, statutes, regulations, at law, or in equity.
(Ord. 1984-35, passed 12-18-84)
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