A. Industrial Waste Measurement And Sampling: Any person discharging industrial wastewater into the city system or any connected disposal system shall provide and maintain a suitable point or points of access together with such necessary meters and other appurtenances at an appropriate location prior to discharge of the total combined waste stream into the disposal system to permit observation, measurement and sampling of such waste by the user and authorized city personnel. Plans for such points and measuring equipment shall be submitted to and approved by authorized city personnel prior to construction and installation of same. Sampling and measuring facilities shall be such as to provide safe access for making inspection and verification of their proper operating condition. The metered water supply to a source of industrial waste volume shall be measured where it can be established that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment to the metered supply can be made to determine the waste volume.
B. Monitoring Facilities: Monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems shall be provided and operated by all industrial users. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on 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 or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and compositing 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 user.
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 ninety (90) days following written notification by the city, unless a time extension is otherwise granted by the city.
C. Inspection And Sampling: Authorized city personnel shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and compliance with all requirements is being satisfied. Persons or occupants of premises where wastewater is created or discharged shall allow authorized city personnel ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any associated duties. Authorized city personnel, the MPCA, and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. 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 guard so that upon presentation of suitable identification, authorized city personnel, the MPCA and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
D. Industrial Waste Analysis: Determination of the character and concentration of an industrial waste discharged into the city system shall be made by the persons discharging it or their designated agents. Reports showing quantities and pertinent analytical data, including chain-of-custody, of such industrial waste discharges shall be filed with the control authority as required by the city.
E. Measurement And Test Procedures: All measurements, tests and analyses of the characteristics of waste to which reference is made in these rules and regulations shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published jointly by the American public health association, the American water works association and the water pollution control federation. Sampling shall be carried out by methods acceptable to said reference and approved by the city. Alternate methods for certain analyses may be used subject to prior written approval by the city.
F. Confidential Information: Information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies 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.
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 written request to governmental agencies for uses related to the NPDES program or pretreatment programs 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.
G. Pretreatment: Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
All records relating to compliance with pretreatment standards shall be made available by the city to officials of the EPA or MPCA upon request.
H. Limitations On Wastewater Strength:
1. National Categorical Pretreatment Standards: National categorical pretreatment standards promulgated by the U.S. environmental protection agency (EPA) pursuant to the act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this chapter unless the city has applied for and obtained from the MPCA approval to modify the specific limits in the national categorical pretreatment standards. When requested, an application for modification of the national categorical pretreatment standards will be considered for submittal by the city when the city's wastewater treatment system achieves consistent removal, as defined in 40 CFR 403.7(B)(1), of the pollutants. Conditional revisions of national categorical pretreatment standards may be made by the city in accordance with 40 CFR 403.7(c) if requested by the industry(ies) in accordance with requirements of 40 CFR 403.7(d).
2. State Requirements: State requirements and limitations on discharges shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter.
3. City's Rights Of Revision: The city reserves the right to establish by code more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in section 7-2-1 of this chapter.
4. Dilution: Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained herein, contained in the federal pretreatment standards, or contained in any state requirements. The control authority may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitation is appropriate.
5. Sludges Generated: Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the city's wastewater disposal system. Such sludges shall be contained, transported and disposed of by haulers in accordance with all federal, state and local regulations.
6. Local Limits:
a. The city is authorized to establish local limits pursuant to 40 CFR 403.5(c) and Minnesota Administrative Rule 7049.0850.
b. The city may develop BMPs, by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of section 7-2-4.
I. Accidental Discharges: Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Necessary facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.
Accidental discharges of prohibited waste into the city system directly or through another disposal system, or to any place from which such waste may enter the city system shall be reported to the city by the person responsible for the discharge, or by the owners or occupants of the premises where the discharge occurs, promptly upon obtaining knowledge of the fact of such discharge.
J. Basis For Industrial Wastewater Charge: When an industrial waste discharged into the city disposal system has a biochemical oxygen demand (BOD5) or a total suspended solids (TSS) concentration greater than the base concentration established by the council, or discharges process wastewater with a rated flow of twenty five thousand (25,000) gallons or more per day or a load of five percent (5%) or more of the capacity of the wastewater treatment works where the rated flow is the daily design flow multiplied by twenty four (24) and divided by the actual hours of discharge in a single day, the normal waste charges shall be as stated in section 7-2-6 of this chapter.
1. In the event where an industrial waste charge is applicable because of high strength waste, but the revenue generated using the charge method is less than the revenue generated based upon flow, then the user shall be charged the higher of the two (2) rates.
2. Whenever an industrial waste charge is determined to be applicable to an unusually high strength waste, the analysis of which indicates biochemical oxygen demand and/or total suspended solids concentrations greater than the base values established by the council, then the city shall apply the industrial charge to the waste of the person(s) discharging such waste or causing it to be discharged into its disposal system.
3. Industrial waste charges attributable to this chapter and collected by the city shall be for and account of and payable to the city as compensation for the costs resulting from the discharge of such high strength waste.
4. Property owners or tenants with abnormal sewage must install and maintain devices to sample, on a flow proportional basis, and continuously measure the wastewater flows. The city shall inspect for proper operation of the devices in regards to sample collection. (1987 Code; amd. Ord. 2000-12, 9-5-2000; Ord. 2022-12, 5-23-2022)