13.36.130   General requirements.
   A.   State and Federal Requirements. All users shall comply with all applicable federal rules, regulations or pretreatment standards, or any applicable more stringent state or local rules, regulations or standards, whether or not contained in a permit.
   B.   Separation of Wastes. All domestic wastewater from restrooms, showers, drinking fountains, and similar sources shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment facility or device and the industrial wastewater monitoring facility. The director may waive this condition if Section 13.36.130(E) is utilized.
   C.   Sample Location. As a condition of the permit, all discharged industrial wastewater shall pass through a designated sampling location. This sample location shall be located so as to allow unrestricted physical access by the director.
   D.   Accidental Discharge Protection (Spill Protection and Slug Discharge Control). All users shall provide protection from the accidental discharge or spill into the POTW of prohibited, hazardous or other waste materials which are regulated through this chapter. Such protection shall be provided and maintained at the users' expense. No user shall commence discharge to the POTW without accidental discharge protection facilities or procedures. The user shall notify the POTW immediately of any changes at its facility affecting potential for a slug discharge.
   E.   Combined Wastewater Formula.
      1.   The combined wastewater formula will be used by users that mix regulated wastewaters with other regulated or unregulated wastewaters prior to pretreatment.
   The alternative concentration limits shall be derived using the formula found in 40 CFR § 403.6(e):
   Where:
   C T = The alternative concentration limit for the combined wastestream.
   C i = The categorical pretreatment standard concentration limit for a pollutant in the regulated stream i.
   F i = The average daily flow (at least a thirty-day average) of stream i to the extent that it is regulated for such pollutant.
   F D = The average daily flow (at least a thirty-day average) from: (a) boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams; provided, however, that where such streams contain a significant amount of a pollutant, and the combination of such streams, prior to pretreatment, with an industrial user's regulated process wastestream(s) will result in a substantial reduction of that pollutant, the control authority, upon application of the industrial user, may exercise its discretion to determine whether such stream(s) should be classified as diluted or unregulated. In its application to the control authority, the industrial user must provide engineering, production, sampling and analysis and such other information so that the control authority can make its determination; or (b) sanitary wastestreams where such are not regulated by a categorical pretreatment standard; or (c) from any process wastestreams which were or could have been entirely exempted from categorical pretreatment standards pursuant to paragraph 8 of the NRDC v. Costle (568 F.2d 1369 (DC Cir. 1977)) Consent Decree for one or more of the following reasons: (1) the pollutants of concern are not detectable in the effluent from the industrial user; (2) the pollutants of concern are present only in trace amounts and are neither causing or likely to cause toxic effects; (3) the pollutants of concern are present in amount too small to be effectively reduced by technologies known; or, (4) the wastestreams contain only pollutants which are compatible with the POTW.
   F T = The average daily flow (at least a thirty-day average) through the combined treatment facility (includes F i and F D and unregulated streams).
   N = The total number of regulated streams.
      2.   An alternative discharge limit may not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants. As a result, the combined wastewater formula cannot be used, and wastestreams must be segregated.
   F.   Duty to Reapply. The user shall submit a new application with the appropriate fee one hundred eighty days before the existing permit expires.
   G.   Duty to Comply.
      1.   The user must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the ordinance codified in this chapter and is grounds for enforcement action as provided for in Article VI.
      2.   The user shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions.
   H.   Need to Halt or Reduce Activity not a Defense. It shall not be a defense for a user in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
   I.   Duty to Mitigate. The user shall take all reasonable steps to minimize or prevent any discharge in violation of the permit which has a reasonable likelihood of adversely affecting human health or the environment.
   J.   Proper Operation and Maintenance. The user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the user to achieve compliance with the conditions of a permit or the ordinance codified in this chapter. Proper operation and maintenance also include adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a user only when the operation is necessary to achieve compliance with the conditions of the permit.
   K.   Duty to Provide Information. The user shall furnish within thirty days, any information the director may request to determine whether cause exists for modifying, revoking and reissuing, or to determine compliance with the permit. The user shall also furnish to the director upon request, copies of records required to be kept by the permit.
   L.   Inspection and Entry.
      1.   The user shall allow the director, upon compliance with ARS § 11-1603-1606 notification and presentation of photo identification, to:
         a.   Enter upon the users premises, at reasonable times, where a regulated facility or activity is located or conducted, or where records must be kept under conditions of the permit.
         b.   Have access to and copy, at reasonable times, any records that must be kept under conditions of the permit.
         c.   Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit.
         d.   Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the ordinance codified in this chapter, any substances or parameters at any location.
         e.   The user has the right to a split or duplicate of any samples taken during the inspection if the split or duplicate of any samples, where appropriate, would not prohibit an analysis from being conducted or render an analysis inconclusive.
      2.   The director 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.
      3.   The director 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 based on manufacturer recommendation to ensure their accuracy.
      4.   Unreasonable delays in allowing the director access to the user's premises shall be a violation of this chapter.
      5.   Where a user has security measures in place which require proper identification and clearance before entry onto its premises, the user shall make necessary arrangements with its security group so that, upon presentation of suitable identification, the director shall be permitted to enter without delay for the purposes of performing inspections and monitoring.
   M.   Monitoring and Records.
      1.   Samples and measurements taken for the purpose of monitoring shall be representative of the permitted activity.
      2.   The user shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, documentation associated with best management practices (BMPs), copies of all reports required by the permit, and records of all data used to complete the application for the permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the director at any time.
      3.   Records of monitoring information shall include:
         a.   The date, exact place, and time of sampling or measurements;
         b.   The individual(s) who performed the sampling or measurements;
         c.   The date(s) analyses were performed;
         d.   Laboratory(s) which performed the analyses;
         e.   The analytical techniques or methods used;
         f.   Chain of custody forms;
         g.   Any comments, case narrative or summary of results produced by the laboratory. These comments should identify and discuss QA/QC analyses performed concurrently during sample analyses and should specify whether analyses met project requirements and 40 CFR 136. The summary of results must include information on initial and continuing calibration, surrogate analyses, blanks, duplicates, laboratory control samples, matrix spike and matrix spike duplicate results, sample receipt conditions, holding times and preservation; and
         h.   The results of such analyses.
      4.   Collection, preservation and analysis of compliance samples must be conducted according to test procedures approved by 40 CFR § 136 as adopted in AAC R18-9-A905(A)(7), unless other test procedures have been specified in the permit.
         a.   Except as indicated in subsections b and c below and unless time-proportional composite or grab sampling is approved by the director (sampling must be representative of the discharge), the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques.
         b.   Samples for oil and grease, temperature, pH, cyanide, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Samples collected may be composited prior to the analysis as follows: for cyanide, and sulfides, the sample may be composited in the laboratory or in the field; for volatile organic compounds and oil and grease, the samples may be composited in the laboratory.
         c.   For sampling required in support of baseline monitoring and ninety-day compliance reports in 40 CFR § 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For reports required by 40 CFR § 403.12(e) and (h), the user is required to collect the number of grab samples necessary to assure compliance with applicable pretreatment standards and requirements.
      5.   All compliance samples shall be analyzed by a laboratory licensed in conformance with environmental laboratories consisting of Article 1 and A.R.S. §§ 36-495 through 495.15.
   N.   Compliance Schedule. The director shall require the development of a compliance schedule by users for the installation of technology required to meet applicable categorical pretreatment standards and requirements. When a new requirement is placed upon a user, a compliance schedule may be established to allow the user to come into compliance.
   O.   Signatory Requirement. All applications, reports, or information submitted to the director shall be signed and certified by a person meeting the requirements of Section 13.36.110(A)(5) and (6) or by an authorized representative.
   P.   Re-Opener Clause. A permit shall be modified to incorporate an applicable standard or limitation promulgated or approved after the permit is issued if that standard or limitation is more stringent than the limitation in the permit, or controls a pollutant not limited in the permit.
   Q.   Minor Modification of Permit. The director may modify a permit to make corrections or allowances for changes in the permitted activity listed in this section. Any permit modification not processed as a minor modification under this section must be made for cause. Minor modifications may only:
      1.   Correct typographical errors;
      2.   Change an interim compliance date in a schedule of compliance, provided the new date is not more than one hundred twenty days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;
      3.   Allow for a change in ownership or operational control of a facility (after notice to the director) where the director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new user has been submitted to the director; or
      4.   Implement the compliance schedule for a user which is a new source. No such change shall affect a user's obligation prior to discharge.
   R.   Major Modification or Termination of Permit. The director may modify or terminate a permit for cause. The following are causes for modifying or terminating a permit during its term, or for denying a permit renewal application:
      1.   Significant noncompliance (as defined in Section 13.36.170(F) of Article VI) by the user with any condition of the permit;
      2.   The user's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the user's misrepresentation of any relevant facts at any time;
      3.   A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by modification or revocation; or
      4.   A change in any condition that requires either a temporary or a permanent reduction or elimination of any discharge controlled by the permit.
   S.   Availability of Reports. Except for data determined to be confidential by 40 CFR § 2.201 Subpart B, all reports prepared in accordance with the terms of the permit shall be available for public inspection at the offices of the Pima County regional wastewater reclamation department's industrial wastewater control section after director approval. Permit applications, permits, and effluent data shall not be considered confidential. Environmental audit reports prepared in accordance with A.R.S. § 49-1401 et seq. shall be held as confidential and not disclosed as provided for in A.R.S. § 49-1404.
   T.   Removed Substances. Regulated wastes or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering the POTW.
   U.   Severability of Permit Conditions. The provisions of the permit are severable, and if any provision of the permit, or the application of any provision of the permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of the permit, shall not be affected thereby.
   V.   Civil and Criminal Liability. Except as provided in permit conditions on by-pass and upset, nothing in the permit shall be construed to relieve the user from civil or criminal penalties for noncompliance.
   W.   Permit Actions. The permit may be modified, suspended or revoked for cause. The filing of a request by the user for a permit modification, reissuance, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
   X.   Property Rights. The permit does not convey any property rights of any sort, or any exclusive privilege.
   Y.   Comment Period. The permit holder has thirty-three days from the date of the mailing of the permit in which to comment in writing to the director.
   Z.   Permit Duration. Permits are issued for a specified time period, not to exceed five years.
(Ord. 2013-32 (part), 2013)