(A) If another municipality, county or user contributes wastewater to the POTW, the POTW Director may enter into an inter-jurisdictional agreement with the contributing municipality or, if such agreement already exists, the provisions of this chapter shall be applicable to and enforced by such other jurisdiction.
(B) Prior to entering into an agreement permitted by division (A) above or being issued a permit under the terms of this chapter, the POTW Director shall require the following information from the contributing municipality/county:
(1) A description of the quality and volume of wastewater to be discharged to the POTW by the contributing municipality/county;
(2) An inventory of all users located within the contributing municipality that are discharging to the POTW, pollutants present and details of SIU determination; and
(3) Such other information as the POTW Director may deem necessary.
(C) An inter-jurisdictional agreement, as permitted by division (A) above, shall contain the following conditions:
(1) A requirement for the contributing municipality/county to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 50.003(B) of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the town’s ordinance or local limits;
(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis, including pollutants present and details of SIU determination;
(3) A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the POTW Director; and which of these activities will be conducted jointly by the contributing municipality and the POTW Director;
(4) A requirement for the contributing municipality to provide the POTW Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) Limits on the nature, quality and volume of the contributing municipality’s wastewater at the point where its wastewater can be sampled separate and apart from any other wastewater discharged to the POTW;
(6) Requirements for monitoring the contributing municipality’s discharge;
(7) A provision granting the POTW Director immediate access, in the event of an emergency, without notice to the facilities of any user for the purpose of inspection, sampling and any other duties deemed necessary by the POTW Director at any time a user is discharging wastewater into the municipality’s wastewater system;
(8) A provision specifying remedies available for breach; and
(9) Where the contributing municipality has primary responsibilities for permitting, compliance, monitoring or enforcement, the inter-jurisdictional agreement, and/or a permit issued under the terms of this chapter, shall specify that the town has the right to take legal action to enforce the terms of the contributing municipality’s ordinance or to impose and enforce pretreatment standards and requirements directly against non-compliant dischargers in the event the contributing municipality is unable or unwilling to take such action.
(Ord. passed 10-14-2021)