(A) All significant industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable federal categorical pretreatment standards within the time limits as specified by the Federal Pretreatment Regulations. The city may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any significant industrial user that is not meeting discharge limits established in the user's industrial user discharge permit. Any facilities required to pretreat wastewater to a level acceptable to the city 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 superintendent for review, and shall be acceptable to the superintendent before construction of the facility. The review of such 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 change.
(B) The city is required by federal regulations to keep the public informed of all cases of significant violations. To accomplish this, the city shall annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which were in significant noncompliance with any pretreatment requirements or standards. "SIGNIFICANT NONCOMPLIANCE" is any significant violation that meets one or more of the following conditions:
(1) Results in the exercise of emergency authority by the superintendent;
(2) Remains uncorrected forty-five (45) days after notice of noncompliance is given;
(3) Involves failure to report noncompliance accurately;
(4) Wastewater violations:
(a) Chronic violations - Sixty-six (66) percent or more of all measurements taken during a six (6) month period exceed, by any magnitude, the daily maximum limit or the monthly average limit for same pollutant parameter;
(b) Technical Review Criteria (TRC) violations - Thirty-three percent (33%) or more of all measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the monthly average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats oils and grease and 1.2 for all other pollutants except pH).
(c) Any violation of a pretreatment effluent limit that the superintendent believes has caused alone or in combination with other discharges, interference or pass through or has endangered the health of the POTW personnel or the public.
(d) Any discharge causing imminent endangerment to human health or to the environment or resulting in the superintendent's use of his emergency authority to halt or prevent such a discharge.
(e) Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction or attaining final compliance by ninety (90) days or more after the scheduled date.
(f) Failure to provide required reports within thirty (30) days of the due date.
(g) Any violation or group of violations which may include a violation of best management practices, which the Superintendent determines will adversely effect the operation or implementation of the local pretreatment program. The public notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months. All records relating to the pretreatment program of the city shall be made available to officials of the U.S. EPA or approval authority and the general public upon request. All records shall be maintained for a minimum of three (3) years in accordance with 40 CFR 403.12 (o)(2).
(C) All applications, reports or information submitted to the city shall be signed and certified in accordance with the following requirements. Written designation of the signatory official must be received by the city prior to acceptance of any application or other required document.
(1) All permit applications shall be signed:
(a) For a corporation: by a principal executive officer of at least the level of vice president.
(b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
(2) All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(a) The authorization is made in writing by a person described above; and
(b) The authorization specifies either an individual or a position having facility or activity, such as the position of plant manager, manager or position of equivalent responsibility.
(3) Certification.
(a) Any person signing a document under this section shall make the following written certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(b) A facility determined to be a non-significant categorical industrial user by the Superintendent pursuant to § 51.02 DEFINITIONS of this chapter must annually submit the following certification statement signed in accordance with the signatory requirements in this section. This certification must accompany any alternative report required by the Superintendent:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR [Part], I certify that, to the best of my knowledge and belief that during the period from [month/day], [year] to [month/day], [year]:
(A) The facility described as [Facility Name] met the definition of a Non-Significant Categorical Industrial User as described in § 51.02 DEFINITIONS of this chapter;
(B) The facility complied with all applicable Pretreatment Standards and Requirements during this reporting period; and
(C) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period."
(Ord., passed 8-20-91; Am. Ord. 2011-35, passed 1-3-12)