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(a) Wastewater Discharges. It shall be unlawful to discharge sewage, industrial wastes, or other wastes to any sewer within the jurisdiction of the Authority, and/or to the POTW without having first complied with the terms of this chapter.
(b) Wastewater Discharge Data Disclosure. All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes, and other wastes to the POTW shall comply with all terms of this chapter within ninety days after the effective date of this chapter. Industrial dischargers shall complete and file with the City a disclosure declaration in the form prescribed by the City. Existing industrial dischargers shall file disclosure forms within thirty days after the effective date of this chapter and proposed new dischargers shall file their disclosure forms at least ninety days prior to connecting to the POTW. The disclosure to be made by the discharger shall be made on written forms provided by the Authority and shall cover:
(1) Disclosure of name, address and location of the discharger.
(2) Disclosure of standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) Disclosure of volumes in gallons of water to be discharged to sanitary, storm or other surface or ground areas, including daily, seasonal or annual variation.
(4) Disclosure of all substances of a chemical, biological, or radioactive nature, other than those found in the source water supply, which are now or will be found in all wastewater discharges. Sampling and analysis shall be performed in accordance with procedures established by the USEPA and contained in 40 CFR, Part 136, as amended.
(5) Disclosure of site plans, waste treatment works, process flow patterns, outfall lines, and in plant drainage lines.
(6) Disclosure of each product produced by type, amount, process or processes, and rate of production.
(7) Disclosure of all raw materials entering the process or support systems, including analyses and assays provided by suppliers of raw materials.
(8) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the user shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
A. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required to comply with the requirements of this chapter.
B. Under no circumstance shall the City permit a time increment for any single step directed toward compliance with the chapter to exceed nine months.
C. Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by the milestone date and, if not, the reason for delay and the steps being taken by the user to return the construction to the approved schedule.
The Authority will evaluate the complete disclosure form and data furnished by the discharger and may require additional information.
(c) Reporting Requirements. Within ninety days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this chapter, or ninety days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to this chapter shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge and/or on-site, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger.
(1) Any discharger subject to a pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or, in the case of a new discharger, after commencement of the discharge to the City, shall submit to the City during the months of June and December, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement, provided, however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause when considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of said reports in months other than those specified above.
(2) Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the nature and concentration, or production and mass where required by the City. The frequency of monitoring by the user shall be as prescribed in the applicable pretreatment standard. All sampling and analyses shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the USEPA.
(d) Monitoring Facilities. Each discharger shall provide and operate, at the discharger's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the discharger's premises, except that where such a location would be impractical or cause undue hardship on the discharger, the City may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation 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 discharger. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of a permit by the discharger.
(e) Confidential Information. Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger 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 or proprietary information of the discharger. When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the national pollutant elimination system (NPDES) permit, the State disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the discharger furnishing this report. Wastewater constituents and characteristics will not be recognized as confidential, but shall not be transmitted to any governmental agency or the general public by the City until and unless a ten-day notification is given to the discharger.
(Ord. 22A. Passed 8-19-85.)
(f) Publication of Violations. As required by 40 CFR, Part 403, Section 403.8(f)(2)(vii), the City shall annually publish in the major local newspaper a list of the categorical industrial users which were significantly violating any applicable pretreatment requirements or standards during the twelve previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve months. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or MDEQ upon request.