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Users subject to the reporting requirements of these regulations shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by these regulations, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 50.025(C). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or CW, or where the user has been specifically notified of a longer retention period by CW.
(Ord. 653, passed 11-15-21)
(A) Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 50.066; users submitting baseline monitoring reports under § 50.085(B)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under § 50.087; users submitting periodic compliance reports required by § 50.088(A) through (D); and users submitting an initial request to forego sampling of a pollutant on the basis of § 50.088(C)(4). The following certification statement must be signed by an authorized representative as defined in § 50.004:
"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 or persons 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) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by CW pursuant to § 50.004 and § 50.066(C) must annually submit the following certification statement signed in accordance with the signatory requirements in § 50.004. This certification must accompany an alternative report required by CW:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR, I certify that, to the best of my knowledge and belief that during the period from , , to , [months, days, year]:
(a) The facility described as [facility name] met the definition of a non-significant categorical industrial user as described in § 50.004;
(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.
This compliance certification is based on the following information.
"
(C) Certification of pollutants not present. Users that have an approved monitoring waiver based on § 50.088(C) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 50.088
(A).
(Ord. 653, passed 11-15-21)
COMPLIANCE MONITORING
(A) CW shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow CW ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(B) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, CW shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(C) CW shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(D) CW may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(E) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of CW and shall not be replaced. The costs of clearing such access shall be borne by the user.
(F) Unreasonable delays in allowing CW access to the user’s premises shall be a violation of this chapter.
(Ord. 653, passed 11-15-21)
If CW has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of CW designed to verify compliance with these regulations or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, CW may seek issuance of a search warrant from the appropriate Court of Kentucky.
(Ord. 653, passed 11-15-21)
CONFIDENTIAL INFORMATION
Information and data obtained from a user from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from CW inspection and sampling activities, will be available to the public to the extent such is contained in a public record that is not exempt from inspection pursuant to KRS 61.878. Any claim that information is exempt from public inspection must be asserted at the time of submission. When requested and demonstrated by the user furnishing information that information is exempt from public inspection shall not be made available to the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the information. Wastewater characteristics and other effluent data, as defined in 40 CFR 2.302 shall not be considered exempt from public inspection and shall be made available to the public without restriction.
(Ord. 653, passed 11-15-21)
PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
CW shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the CW POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates divisions (C), (D) or (H) below and shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six- month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §§ 50.020 et seq.;
(B) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by §§ 50.020 et seq. multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(C) Any other violation of a pretreatment standard or requirement as defined by §§ 50.020 et seq. (daily maximum, long-term average, instantaneous limit, or narrative standard) that CW determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(D) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in CW's exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(F) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s), which may include a violation of BMPs, which CW determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 653, passed 11-15-21)
ADMINISTRATIVE ENFORCEMENT REMEDIES
When CW finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, CW may serve upon that user a written notice of violation. Within 30 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to CW. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this subchapter shall limit the authority of CW to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ord. 653, passed 11-15-21)
CW may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 50.133 and 50.134 and shall be judicially enforceable.
(Ord. 653, passed 11-15-21)
CW may order a user which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before CW and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 14 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 50.004 and designated in accordance with by § 50.066(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 653, passed 11-15-21)
When CW finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, CW may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 653, passed 11-15-21)
When CW finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, CW may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(A) Immediately comply with all requirements; and
(B) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 653, passed 11-15-21)
(A) When CW finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, CW may fine such user in an amount of up to and including $1,000 per violation. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(B) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 2% per month. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for CW to reconsider the fine along with full payment of the fine amount within 15 days of being notified of the fine. Where a request has merit, CW may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. CW may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 653, passed 11-15-21)
(A) CW may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. CW may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(B) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, CW may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. CW may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of CW that the period of endangerment has passed, unless the termination proceedings in § 50.137 are initiated against the user.
(C) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to CW prior to the date of any show cause or termination hearing under §§ 50.132 or 50.137
(D) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 653, passed 11-15-21)
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