COMPLIANCE MONITORING

§ 7.1 RIGHT OF ENTRY; INSPECTION AND ENTRY.

   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)

§ 7.2 SEARCH WARRANTS.

   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

§ 8.1 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

§ 9.1 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.

   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)

ADMINISTRATIVE ENFORCEMENT REMEDIES

§ 10.1 NOTIFICATION OF VIOLATION.

   When the Utilities Manager finds that a user has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Utilities Manager may serve upon that user a written notice of violation. Within 30 days of the receipt of this 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 Utilities Manager. Submission of this 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 Utilities Manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)