§ 51.34 NON-DELEGATED PRETREATMENT PROGRAM.
   The city shall operate a non-delegated pretreatment program as defined in its NPDES permit in accordance with the following:
   (A)   The Board, through its Superintendent and/or his or her duly authorized employee, shall carry out all inspections, surveillance and monitoring necessary to determine, independent of information supplied by the city’s industrial users, compliance or noncompliance with limitations in monitoring requirements contained in industrial waste pretreatment permits (IWP) issued by the Indiana Department of Environmental Management (IDEM).
   (B)   The Superintendent or any authorized representative of the Superintendent is hereby authorized to enter any premises of any industrial user in which a discharge source or pretreatment system is located or in which records are required to be kept pursuant to 40 CFR 403.12(1) for the purpose of assuring compliance with IWP permits. This authority shall include the power to immediately order the cessation of any discharge of pollutants to the sewage system which reasonably appears to present an imminent endangerment to the health or welfare of the public, the environment, or which threatens to interfere with the operation of the sewage works; and to immediately halt or prevent any discharge of pollutant to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of the public, the environment, and/or which threatens to interfere with the operation of the POTW.
   (C)   In order to offset the cost incurred by the city, in managing, sampling, inspecting, and analyzing industrial users subject to the non-delegated pretreatment program, the Superintendent may charge reasonable fees which may from time to time be established and adopted by the Board.
   (D)   The Board and the Superintendent is further authorized to immediately begin operation of the non-delegated pretreatment program with respect to those industries set forth in Part III of the NPDES permit and any other industry which may subsequently be required to obtain an IWP permit from the Indiana Department of Environmental Management. In carrying out the inspections, surveillance and monitoring required by the non-delegated pretreatment program, the Board and its Superintendent shall adhere to the following:
      (1)   Utilize a sample type which is identical to that sample type required by the Indiana Department of Environmental Management in the IWP permit issued to the industry subject to monitoring.
      (2)   Collect all samples at the sample location specified in the IWP permit issued by IDEM to the industry subject to monitoring.
      (3)   Submit the analytical results of all monitoring to the pretreatment group of the Indiana Department of Environmental Management on or before the twenty-eighth day of the month following the month of sampling.
      (4)   Maintain a record of each industrial inspection performed which shall be kept in a file designated for each industrial user subject to the non-delegated pretreatment program. The inspection record shall be kept on a form equivalent to the form then currently used by the Indiana Department of Environmental Management. A copy of each inspection report shall be sent to the pretreatment group of the Indiana Department of Environmental Management.
   (E)   The Board and its Superintendent shall immediately sample and analyze the sewage plant influent and effluent for suspected pollutants when the sewage works operation is upset. The Superintendent or his or her representative shall immediately contact the pretreatment group by phone at the time of any such occurrence. The results of each analysis shall be sent to the pretreatment group.
   (F)   The Board, through its Superintendent, shall notify the pretreatment group of the Indiana Department of Environmental Management of any existing industry not currently listed in the NPDES permit, Part III, that is discharging processed wastewater to the sewage works. The Board, through the Superintendent, shall not accept or allow the discharge of processed wastewater into the sewage works by any new industry until such time as said industry has obtained an IWP permit from the Indiana Department of Environmental Management.
   (G)   The Board and the Superintendent shall maintain and operate the non-delegated pretreatment program in accordance with all state and federal regulations and requirements. Further, the Board and the Superintendent is authorized to develop and operate a non-delegated pretreatment program as required by the Indiana Department of Environmental Management upon determination that the pretreatment program can be operated more effectively by the city.
(Ord. 15-2021, passed 11-23-21)