(A) (1) All significant industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable federal categorical pretreatment standards within the time limits as specified by the federal pretreatment regulations.
(2) The city may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any significant industrial user that is not meeting discharge limits established in the user’s industrial user discharge permit.
(3) Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user’s expense.
(4) Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Superintendent for review and shall be acceptable to the Superintendent 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.
(5) 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 change.
(B) The city is required by federal regulations to keep the public informed of all cases of significant violations. To accomplish this, the city shall annually publish in a newspaper of local circulation a list of the users which were in significant noncompliance with any pretreatment requirements or standards. Significant noncompliance is any significant violation that meets one or more of the following conditions:
(1) Results in the exercise of emergency authority by the Superintendent;
(2) Remains uncorrected 45 days after notice of noncompliance is given;
(3) Involves failure to report noncompliance accurately; and
(4) Wastewater violations:
(a) Chronic violations: Those in which 66% or more of all measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the monthly average limit for the same pollutant parameter;
(b) Technical review criteria (TRC) violations: Those in which 33% or more of all measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the monthly average limit multiplied by the applicable TRC. TRC equals one and one-fourth for BOD, TSS, fats, oils and grease and one and one-half for all other pollutants except pH;
(c) Any violation of a pretreatment effluent limit that the Superintendent believes has caused alone or in combination with other discharges, interference or pass-through or has endangered the health of the POTW’s personnel or the public;
(d) Any discharge causing imminent endangerment to human health or to the environment or resulting in the Superintendent’s use of his or her emergency authority to halt or prevent such a discharge;
(e) Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction or attaining final compliance by 90 days or more after the schedule date;
(f) Failure to provide required reports within 30 days of the due date; and
(g) Any violation or group of violations which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program. The public notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All records relating to the pretreatment program of the city shall be made available to officials of the EPA or approval authority upon request. All records shall be maintained for a minimum of three years in accordance with 40 C.F.R. § 403.12(O)(2).
(Ord. 634, passed 3-5-2002)