1040.19  PRETREATMENT.
   (a)   National Categorical Pretreatment Standards, as promulgated by the USEPA pursuant to the Federal Act, shall be met by all dischargers of the regulated industrial categories.
   (b)   Where the wastewater treatment plant achieves substantial and consistent pollutant removal, revisions of the categorical pretreatment standards shall be considered by the Director upon the written request of a regulated person, in accordance with Section 403.7 of the General Pretreatment Regulations. In any case, the Director shall require that the person's discharge shall not cause the wastewater treatment plant effluent to violate applicable water quality standards and effluent limitations specified in the City's NPDES permit.
   (c)   The Director of Public Service may issue orders to require compliance with any requirement of this chapter, including applicable categorical pretreatment standards, other discharge limits and reporting requirements. Any violation of these orders shall be considered a violation of this chapter and shall subject the user to the penalty provisions contained in Section 1040.99. If the Director determines that an existing or proposed discharge could cause damage to, impose an unreasonable burden upon, or be inadequately treated by, the sewerage works, the Director shall require the person, at his or her expense, to:
      (1)   Reduce or modify the objectionable characteristics of the wastes to meet limits or conditions specified in this chapter prior to discharging such wastes to a public sewer;
      (2)   Control the quantities and rates of discharge of the wastes over a twenty-four hour day and seven-day week; or
      (3)   Dispose of the wastes and prevent them from entering the sewerage works.
   (d)   Any person may install pretreatment facilities without an order from the Director, Plans, specifications, operating procedures, compliance schedules and any other pertinent information relating to pretreatment or control facilities shall be submitted to the Director for approval. No construction of facilities shall begin until written approval is obtained from the Director. Any subsequent change in the pretreatment facilities or operating procedures shall be submitted to and shall be approved by the Director before the change is implemented.
   (e)   All pretreatment facilities shall be maintained continuously in satisfactory and effective operation by the person at his or her expense, subject to periodic inspection by the Division of Water and Sanitary Sewage. The person shall maintain operating records and shall submit to the Division a monthly summary report of the character of the influent and effluent, showing the performance of the pretreatment facilities.
   (f)   Bypassing or diverting of wastewater from the pretreatment facility is prohibited unless all of the following are true:
      (1)   Bypass was unavoidable in order to prevent loss of life, personal injury or severe property damage.
      (2)   There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance.
      (3)   The user submitted notices as required under this section.
   If the user knows in advance of the need for a bypass, he or she shall submit prior notice, if possible at least ten days before the date of the bypass.
   The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraphs (f)(1) to (3) hereof.
   The user may allow, with notice, any bypass to occur which does not cause effluent limitations to be exceeded if that bypass is for essential maintenance to assure efficient operation.
   The user shall submit notice of an unanticipated bypass as required in Section 1040.13.
   (g)   Testing for pollutants will be conducted in accordance with applicable sections of 40 CFR, part 136, "Guidance for Establishing Test Procedures for Analysis of Pollutants."
(Ord. 91-59. Passed 10-21-91.)