(A) Users shall provide wastewater treatment as necessary to comply with this subchapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in §§ 51.028 through 51.031 within the time limitations specified by EPA, the state, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility for modifying such facilities as necessary to produce a discharge acceptable to the Director under the provisions of this subchapter. Any subsequent changes in such facilities or operating procedures shall be reported to and be approved by the Director prior to the user’s commencement of the changes.
(B) A user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the user to comply with the requirements of this subchapter. Proper operation and maintenance includes, without limitation, effective performance, adequate funding, adequate operator staffing, and adequate quality assurance/quality control (QA/QC) procedures for sampling and analysis.
(C) Upon reduction of efficiency of operation, or loss, or failure of all or part of a user’s pretreatment equipment or facility, the user shall, to the extent necessary to maintain compliance with categorical pretreatment standards and other applicable standards, requirements, and limits, control its production and all discharges until operation of the equipment or facility is restored or an alternative method of treatment is provided. This requirement applies in situations, including, without limitation, where the primary source of power for the pretreatment equipment or facility is reduced, lost, or fails. 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 this subchapter.
(D) A user shall take all reasonable steps to minimize or correct any adverse impact to the POTW or the environment resulting from noncompliance with this subchapter, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.
(Prior Code, § 51.29) (Ord. D-1927, passed 7-15-2002, effective 8-1-2002)