(A) Annual assessment. The City Clerk-Treasurer shall maintain a proper system of accounts suitable for determining the operation, and maintenance, equipment replacement, and debt retirement costs of the treatment works, and shall furnish the Council with a report of the costs annually in October. The Council shall, annually, determine whether or not sufficient revenue is being generated for the effective operation, maintenance, replacement, and management of the treatment works, and whether sufficient revenue is being generated for debt retirement. The Council will also determine whether the user charges are distributed proportionately to each user in accordance with this chapter and § 204(b)(2)(A) of the Federal Water Pollution Control Act, as amended, being 33 U.S.C. § 1284(b)(2)(A). The city shall, thereafter, but not later than the end of the year, reassess, and as necessary revise, the sewer service charge system then in use to ensure the proportionality of the user charges, and to ensure the sufficiency of funds to maintain the capacity and performance to which the facilities were constructed, and to retire the construction debt.
(B) Notification. In accordance with federal and state requirements, each user will be notified annually, in conjunction with a regular billing, of the portion of the sewer service charge attributable to operation, maintenance, and replacement.
(C) Records. In accordance with federal and state requirements, the City Clerk-Treasurer shall be responsible for maintaining all records necessary to document compliance with the sewer service charge system adopted.
(D) Payment of services. The owner of the premises shall be liable to pay for the service to the premises, and the service is furnished to the premises by the city only upon the condition that the owner of the premises is liable therefor to the city.
(E) Additional costs. Any additional costs caused by discharges to the treatment works of toxic, or other incompatible, pollutants, including the cost of restoring wastewater treatment services, clean up and restoration of the receiving waters and environs, and sludge disposal, shall be borne by the discharger(s) of the wastes at no expense to the city.
(F) Discharge report. The city may require that any person discharging wastewater to the wastewater treatment system file a periodic discharge report. The discharge report may include, but not be limited to, the nature of the process, rates of flow, mass discharge rate, raw material and production quantities, hours of operation, number, and classification, of employees, compliance status with any state, or federal, pretreatment standards, or other information which relates to the generation of waste, including wastewater constituents and concentrations in the wastewater discharge. The reports may also include sludge disposal practices and the chemical constituents, and quantity, of liquid, or gaseous, materials stored on site, even though they may not normally be discharged. At a minimum, a summary of the data, indicating each industrial user’s compliance with this chapter, shall be prepared quarterly, and submitted to the Wastewater Superintendent. In addition to discharge reports, the Wastewater Superintendent may require information in the form of wastewater discharge permit applications, self-monitoring reports, and compliance schedules.
(G) Wastewater discharge permits.
(1) Mandatory permits. All industries proposing to connect, or to commence, a new discharge to the wastewater treatment system shall obtain a wastewater discharge permit before connecting to, or discharging into, the wastewater treatment system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users, or industrial users subject to national categorical pretreatment standards under § 307(b) and (c) of the Act, being 33 U.S.C. § 1317(b) and (c), connected to, or discharging into, the wastewater treatment system, shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.
(2) Permit application.
(a) Users required to obtain a wastewater discharge permit shall complete, and file, with the Wastewater Superintendent an application in the form prescribed by the city. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting, or discharging, to the wastewater treatment system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
1. Name, address, and location (if different from the address);
2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. Wastewater constituents and characteristics including, but not limited to, those governed by this chapter, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures approved by the Wastewater Superintendent;
4. Time, and duration, of discharge;
5. Average daily and peak hour wastewater flow rates, including daily, monthly, and seasonal variations, if any;
6. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation;
7. Description of activities, facilities, and plant processes on the premises, including all materials which are, or could be, discharged, including sludges, floats, skimmings, and the like;
8. Where known, the nature, and concentration, of any pollutants in the discharge which are limited by any city, state, or National Categorical Pretreatment Standards;
9. Each product by type, amount, and rate of production;
10. Type, and amount, of raw materials processed (average and maximum per day);
11. Number of full-time, and part-time, employees, and hours of work; and
12. Any other information as may be deemed by the Wastewater Superintendent to be necessary to evaluate the permit application.
(b) The Wastewater Superintendent will evaluate the data furnished by the user, and may require additional information. After evaluation, and acceptance, of the data furnished, the city may issue a wastewater discharge permit subject to terms, and conditions, provided herein.
(3) Permit conditions.
(a) Wastewater discharge permits shall be expressly subject to all provisions of this chapter, and all other applicable regulations, user charges, and fees established by the city.
(b) Permits may contain the following:
1. The unit charge, or schedule of user charges and fees, for the wastewater to be discharged to the wastewater treatment system;
2. Limits on the average, and maximum, wastewater constituents and characteristics;
3. Limits on average and maximum flow rate and time of discharge, or requirements for flow regulation and equalization;
4. Requirements for installation, and access to inspection and sampling facilities;
5. Requirements for installation, operation, and maintenance of pretreatment facilities;
6. Specifications for monitoring programs which may include sampling locations, frequency, and method of sampling, number, types, and standards for tests and reporting schedule;
7. Compliance schedules;
8. Requirements for submission of technical reports or discharge reports;
9. Requirements for maintaining, and retaining, plant records relating to wastewater discharge, as specified by the city, but in no case less than three years, and affording city access thereto;
10. Requirements for notification to, and acceptance by, the city of any new introduction of wastewater constituents, or of any substantial change in the volume, or character, of the wastewater constituents being introduced into the wastewater treatment system;
11. Requirements for notification of slug, or accidental, discharges, as provided herein, and reporting of permit violations;
12. Requirements for disposal of sludges, floats, skimmings, and the like; and
13. Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
(4) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements, as identified herein, are modified, or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes, or new conditions, in the permit shall include a reasonable time schedule for compliance.
(5) Permit modifications. Within nine months of the promulgation of the National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to the standard shall be revised to require compliance with the standard within the timeframe prescribed by the standard. Where a user, subject to the National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the Wastewater Superintendent, within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by this section. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.
(6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, or transferred or sold, to a new owner, new user, different premises, or a new, or changed, operation without the approval of the city. Any succeeding owner, or user, shall also comply with the terms, and conditions, of the existing permit if the city approves the transfer of the existing permit.
(H) Pretreatment.
(1) Wastewater treatment. Users shall provide necessary wastewater treatment, as required, to comply with this chapter, and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations, or within time limitations, as specified within the wastewater discharge permit, whichever is sooner.
(2) Requirements of pretreatment. Any facilities required to pretreat wastewater shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities, and operating procedures, shall be submitted to the Wastewater Superintendent for review, and shall be acceptable to the Wastewater Superintendent before construction of the facility. The review of the plans, and operating procedures, will, in no way, relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities, or method of operation, shall be reported to, and be acceptable to, the city prior to the user’s initiation of the changes.
(3) Records; pretreatment. All records relating to compliance with pretreatment standards shall be made available by the city to officials of the EPA or MPCA upon request.
(4) Submission of reports. Any user subject to a National Categorical Pretreatment Standard, after the compliance date of the pretreatment standard, or in the case of the commencement of a new discharge to the wastewater treatment system, shall submit to the Wastewater Superintendent, during the months of June and December, unless required more frequently in the pretreatment standard, or by the city, a report indicating the nature, and concentration, of pollutants in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow report in this section. The Wastewater Superintendent may agree to alter the months during which the above reports are to be submitted.
(I) Enforcement.
(1) Slug or accidental discharges.
(a) The city may suspend the wastewater treatment service of a user, and/or a wastewater discharge permit (after informal notice to the discharger), when the suspension is necessary, in the opinion of the Wastewater Superintendent, in order to stop an actual, or threatened, discharge which presents, or may present, an imminent, or substantial, endangerment to the health, or welfare, of persons, to the environment, or to the wastewater treatment system, or would cause the city to violate any condition of its NPDES, or state disposal system permit.
(b) Any user notified of a suspension of the wastewater treatment service, and/or the wastewater discharge permit, shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take the steps as deemed necessary, including immediate severance of the sewer connection, to prevent, or minimize, damage to the wastewater treatment system, or endangerment to any individuals. The city shall reinstate the wastewater discharge permit, and/or the wastewater treatment service, upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the slug, or accidental, discharge, and the measures taken to prevent any future occurrence, shall be submitted to the Wastewater Superintendent within 15 days of the date of occurrence.
(2) Revocation of permit. In accordance with the procedures of this section, the city may revoke the permit of any user which fails to factually report the wastewater constituents, and characteristics, of its discharge; which fails to report significant changes in wastewater constituents, or characteristics; which refuses reasonable access to the user’s premises for the purpose of inspection or monitoring, or for violation of conditions of its permit, this chapter, or applicable state and federal regulations.
(3) Show cause hearing.
(a) If the violation is not corrected by timely compliance, the Wastewater Superintendent may order any user which causes, or allows, an unauthorized discharge to show cause before the Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time, and place, of a hearing to be held by the Council regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally, or by registered or certified mail (return receipt requested), at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(b) The Council may itself conduct the hearing and take evidence, or may designate any of its members, or any officer or employee, to:
1. Issue, in the name of the Council, notices of hearings requesting the attendance, and testimony, of witnesses, and the protection of evidence relevant to any matter involved in the hearings;
2. Take the evidence; and
3. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Council for action thereon.
(c) At any hearing held pursuant to this chapter, testimony taken must be under oath, and recorded stenographically. The transcript, so recorded, will be made available to any member of the public, or any party to the hearing, upon payment of the usual charges therefor.
(d) After the Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued, unless adequate treatment facilities, devices, or other related appurtenances shall have been installed, or existing treatment facilities, devices, or other related appurtenances are properly operated. Further orders, and directives, as are necessary, and appropriate, may be issued.
(4) Legal action. If any person discharges wastewater, industrial wastes, or other wastes into the wastewater treatment system contrary to the provisions of this chapter, federal, or state pretreatment requirements, or any order of the city, the City Attorney may, following the authorization of the action by the Council, commence an action for appropriate legal, and/or equitable, relief.
(5) Annual publication. A list of the users which were significantly violating applicable pretreatment requirements, or National Categorical Pretreatment Standards, during the 12 previous months may be annually published by the city in the official newspaper of the city. The notification shall also summarize any enforcement actions taken against the user during the same 12 months. For the purpose of this provision, significant violations would be those violations which remain uncorrected 45 days after notification of non-compliance, which are part of a pattern of non-compliance over a 12-month period, or which involve a failure to accurately report non-compliance.
(6) Appeal to the Council.
(a) Any interested party shall have the right to request, in writing, an interpretation, or ruling, on any matter covered by this chapter, and shall be entitled to a written reply from the city.
(b) Any decision of the city in the enforcement of this chapter may be appealed to the Council by filing a written petition with the City Clerk-Treasurer within 30 days of the City’s ruling. The petition shall specify, in detail, the matter, or matters, involved, and every ground, or basis, on which objections are made. The petition shall show the names, addresses, and telephone numbers of all objectors and their attorney at law, or spokesperson. The filing of a petition, in accordance with the requirements herein, shall stay all proceedings, unless the city shall file, within 72 hours after the filing of a petition, a certificate stating that a stay would cause peril to life or property, or specifying other good reason. The Council shall fix a reasonable time for hearing of the petition or appeal, and give due notice of the time and place of the hearing to parties named in the petition as attorney or spokesperson. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition, after which the city may present evidence in support of its decision.
(c) The Council shall decide the appeal within a reasonable time, and notify the attorney or spokesperson. The minutes of the Council shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense.
(Prior Code, § 3.40) (Ord. 105, second series, passed 5-15-1990)