A satellite collection system under control of a separate jurisdictional governmental agency or Native American Nation shall enter into an agreement with Pima County that addresses the following requirements:
A. Agreement by the contributing jurisdiction to adopt a pretreatment sewer use ordinance that is no less stringent than Pima County's ordinance.
B. Compliance with industrial wastewater ordinance requirements by industries that would be subject to Pima County's ordinances if they discharged to the collection system owned and operated by Pima County. Specifically, the contributing jurisdiction shall agree to adopt local limits for industrial discharges into its collection system that are at least as stringent as Pima County's local limits, or should agree to a specific maximum total mass loading of pollutants for discharge to Pima County's POTW.
C. Indication of whether the contributing jurisdiction or Pima County is responsible for issuing control mechanisms to industrial users located within the contributing jurisdiction. If joint control mechanisms are to be issued, the agreement should indicate which party will take the lead in preparing the draft control mechanisms.
D. Agreement by the contributing jurisdiction to providing Pima County access to all records compiled as part of the contributing jurisdiction's pretreatment program activities, including notice to Pima County of key activities such as enforcement actions and permit issuances.
E. Granting to Pima County the power to enter into the facilities of industrial users to periodically verify compliance with applicable pretreatment standards and requirements. Procedures and responsibility for conducting inspections and other compliance evaluation activities should be established explicitly.
F. Agreement as to whether the contributing jurisdiction or Pima County has primary responsibility for enforcing pretreatment standards and requirements against industrial users located within the contributing jurisdiction. If the contributing jurisdiction has primary responsibility for enforcing the ordinance, the agreement should specify that Pima County can enforce if the contributing jurisdiction fails to do so.
G. Where it has primary responsibility for permitting, compliance monitoring, and/or enforcement, the contributing jurisdiction should agree that Pima County has the right to take legal action as necessary to enforce the terms of the agreement and/or to take action directly against noncompliant industrial users in the event that the contributing municipality is unable or unwilling to do so. The agreement should also provide for remedies available against the noncomplying municipality, including indemnification and specific performance of pretreatment activities.
H. If no industrial users are located within the contributing jurisdiction, the agreement should state: (1) no industrial users are currently located within the contributing jurisdiction, and (2) none shall be allowed to operate unless prior notification is provided to Pima County and a new agreement is entered into addressing implementation and enforcement of the pretreatment program. A similar agreement might be appropriate if the only existing nondomestic users are light commercial establishments.
I. Operation of the contributing jurisdiction's collecting system so as to comply with the requirements of Pima County's CMOM permit number 20061111.
J. Prevention or reduction to the extent possible of stormwater or infiltration of groundwater from entering the Pima County collection system.
K. Notification of Pima County of new connections to Pima County's system, and assurance of compliance with Pima County's capacity assurance program.
L. Assurance of the payment of connection and user fees as adopted by Pima County.
M. Provision for spill-reporting systems.
N. O&M provisions that protect the system, including proper O&M as required by 40 CFR 122.41(d).
O. Reporting of unpermitted discharges from satellite systems to waters of the United States or storm sewer systems owned or controlled by Pima County.
P. All reasonable steps to minimize or prevent any discharge in violation of Pima County's permit that have a reasonable likelihood of adversely affecting human health or the environment.
(Ord. 2013-32 (part), 2013)