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(A) The Director shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with, in accordance with § 10.20. Persons or occupants or premises where wastewater is created or discharged shall allow the Director ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, or in the performance of any of their duties. The Director, MPCA, and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct samplings, inspection, compliance monitoring, and/or metering operations.
(B) Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, the Director, MPCA, and EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities relative to the provisions of this and other applicable ordinances.
(C) Wastewater discharge records shall be kept by the user for a period of at least three years. The records shall include information required in § 52.001 and any requirements of federal regulations.
(1) All records relating to compliance with pretreatment standards shall be made available by the Director to officials of the EPA or MPCA upon request.
(2) Any user subject to a national categorical pretreatment standard, after the compliance date of the pretreatment standard, or in the case of the commencement of a new discharge to the wastewater disposal system, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in §§ 52.050 or 52.051(B). The Director may agree to alter the months during which the above reports are to be submitted.
(Prior Code, § 14-4-4)
Within 90 days following the date for final compliance with applicable pretreatment standards or in the case of the commencement of a new discharge to the wastewater disposal system, any user subject to pretreatment standards and requirements shall submit to the Director a report 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’s facility which are limited by 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 operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user and certified to by a qualified professional.
(Prior Code, § 14-4-6)
(A) Information and data on a user obtained from applications, permits, monitoring programs, and inspections shall be available to the public or other government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of the information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
(B) When requested by the person furnishing a report, and until the time as the information is determined not to be 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 upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state disposal system permit, and/or the pretreatment programs, provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Director as confidential shall not be transmitted to any governmental agency or to the general public by the Director until and unless a ten-day notification is given to the industrial user.
(Prior Code, § 14-4-7)
ENFORCEMENT
(A) The Director may suspend the wastewater treatment service of a user and/or a wastewater discharge permit after formal written notice to the discharger when the suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the wastewater disposal system, or would cause the city to violate any condition of its NPDES or state disposal system permit.
(B) Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Director shall take the steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individuals. The Director shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the Director within 15 days of the date of occurrence.
(Prior Code, § 14-5-1)
In accordance with the procedures of §§ 52.070 through 52.075, the Director may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of his or her discharge, which fails to report significant changes in wastewater constituents or characteristics, which refuses reasonable access to the user’s premises for the purpose of inspection or monitoring or for violation of conditions of its permit, this chapter, or applicable state and federal regulations.
(Prior Code, § 14-5-2)
Whenever the Director finds that any person has violated or is violating this chapter, wastewater discharge permit, or any prohibition, limitation, or requirement contained herein, the Director may serve upon the person a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
(Prior Code, § 14-5-3)
(A) Notice of hearing. If the violation is not corrected by timely compliance, the Director may order any user which causes or allows an unauthorized discharge to show cause in a hearing before the City Council why the proposed enforcement action should not be taken. A notice of the hearing shall include proposed enforcement action and shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation or one of the persons whose name appears on the permit application.
(B) Hearing officials. The City Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Public Works Department to:
(1) Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in the hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
(C) Transcripts. At any hearing held pursuant to this chapter, 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 therefor.
(D) Issuance of orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed or existing treatment facilities, devices, or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Prior Code, § 14-5-4)
If any person discharges sewage, industrial waste, or other wastes into the city’s wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may, following the authorization of the action by the City Council, commence an action for appropriate legal and/or equitable relief.
(Prior Code, § 14-5-5)
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