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Users subject to the reporting requirements of this appendix shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this appendix and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices. 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 three years or longer, Including documentation associated with best management practices. 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 Utilities Manager.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
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 § 4.6 of this appendix; users submitting baseline monitoring reports under § 6.1(B)(6) of this appendix [Note: See 40 CFR 403.12 (1)]; users submitting reports on compliance with the categorical pretreatment standard deadlines under § 6.3 of this appendix [Note: see 40 CFR 403.12(d)]; users submitting periodic compliance reports required by § 6.4(A) through (C) of this appendix [Note; See 40 CFR 403.12(e) and (h)], and users submitting an initial request to forego sampling of a pollutant on the basis of § 6.4(B)(4) of this appendix [Note: See 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an authorized representative as defined in § 1.4 of this appendix:
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.
(Ord. 2012-19, passed 9-18-12)
COMPLIANCE MONITORING
The Utilities Manager, or an authorized representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this appendix and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Utilities Manager ready access to all parts of the premises at reasonable times for the purposes of inspection, independent 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 Utilities Manager shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(B) The Utilities Manager shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(C) The Utilities Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(D) 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 Utilities Manager and shall not be replaced. The costs of clearing such access shall be born by the user.
(E) Unreasonable delays in allowing the Utilities Manager access to the user's premises shall be a violation of this appendix.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
If the Utilities Manager has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this appendix, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this appendix or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Utilities Manager may seek issuance of a search warrant from the Jefferson County Circuit Court of Madison, Indiana.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Utilities Manager'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 Utilities Manager, 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. 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 by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
PUBLICATION IF NONCOMPLIANT
The Utilities Manger 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 divisions (C), (D) or (H) below and shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 2 of this appendix;
(B) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 2 of this appendix 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 § 2 of this appendix (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Utilities Manager 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 Utilities Manager's exercise of its 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; or
(H) Any other violation(s), which may include a violation of best management practices, which the Utilities Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
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