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(a) All Industrial Users who discharge or propose to discharge wastewater to the POTW shall maintain such records of production and related factors, effluent flows, and pollutant amounts or concentrations as necessary to demonstrate compliance with the requirements of this chapter and any applicable state or federal pretreatment standards or requirements, including BMPs.
(b) All Industrial Users shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and laboratory analyses made by or on behalf of an Industrial User in connection with its discharge.
(c) For samples, the minimum shall be retained for a minimum of three (3) years:
(1) The date, exact place, method, time of sampling, and the names of the person(s) taking the samples.
(2) The dates that the analyses were performed.
(3) The name and address of the laboratory that performed the analyses.
(4) The analytical techniques or methods used.
(5) The results of such analyses.
(d) All records which pertain to materials which are subject to any enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the Discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(e) Industrial Users shall retain all industrial wastewater discharge permits and pollution prevention alternatives (e.g., slug control plans, toxic organic management plan, etc.) for as long as these documents are effective and for at least three (3) years after the date on which these documents become ineffective. These documents are considered ineffective if replaced with a revised document or if the document is no longer applicable to the Industrial User.
(f) Such records shall be made available upon request by the City.
(Ord. 12966/2020. Passed 10-14-20.)
The City may for good cause shown, suspend the wastewater treatment service to a Discharger, without issuing a notice of violation, when it appears to the City that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons. Any Discharger notified of the suspension of the City’s wastewater treatment service shall immediately cease all discharges. In the event of failure of the Discharger to comply voluntarily with the suspension order, the City shall have the right to remove or close sewer connections and enter upon the property for accomplishing such purposes. The Director shall reinstate the wastewater treatment service pending proof by the Director of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(Ord. 12966/2020. Passed 10-14-20.)
Whenever the City finds that any Discharger has engaged in conduct which violates any provision of this chapter except for emergency suspension (Section 924.19) and falsifying information (Section 924.99(c)), the City shall serve or cause to be served upon such Discharger, a written notice by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Notification shall be made to any authorized representative of the Discharger. The Discharger shall respond personally or in writing to the City within the time period specified in the notice advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
(Ord. 12966/2020. Passed 10-14-20.)
Where the violation referred to in Section 924.20 is not corrected by timely compliance, the City may order any Discharger which causes or allows conduct prohibited by Section 924.20 to show cause before the Safety-Service Director or their duly authorized representative why termination of wastewater treatment service should not be taken. A written notice shall be served on the Discharger by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Safety-Service Director or designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action and directing the Discharger to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Notification may be made to any agent, officer or authorized representative of a Discharger. The proceedings at the hearing shall be considered by the Safety-Service Director who shall then enter appropriate orders with respect to the alleged improper activities of the Discharger.
(Ord. 12966/2020. Passed 10-14-20.)
In accordance with the procedures specified in Sections 924.20 and 924.21, the City shall have the authority to terminate wastewater treatment services to any Discharger who fails to correct a violation of this chapter within the time period specified after being issued a notice of violation and given the opportunity to show cause why such termination should not be taken.
(Ord. 12966/2020. Passed 10-14-20.)
No person shall access the sewer system or POTW for any activity including discharge of hauled septic or industrial wastes except at locations and at times as designated by the Director. Any removal of manhole lids, or other access to the sewer system for the purpose of discharging wastes at times and/or locations other than those designated by the Director, or without the expressed permission of the Director, shall be considered a violation and shall be subject to enforcement action including fines and penalties allowed under this chapter.
(Ord. 12966/2020. Passed 10-14-20.)
Following the entry of any order by the City with respect to the conduct of a Discharger contrary to the provisions of Section 924.19, the Law Director may, following the authorization of such action by the City, commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas.
(Ord. 12966/2020. Passed 10-14-20.)
Any Discharger or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a Discharger and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a Discharger’s request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of the final judicial order entered pursuant to this chapter may be taken in accordance with applicable local law. (Ord. 12966/2020. Passed 10-14-20.)
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