(a) General Provisions; Objective. This section sets forth uniform requirements for discharges into the City wastewater treatment works and enables the City to protect public health in conformity with all applicable State and Federal laws relating thereto. The objectives are:
(1) To prevent the introduction of pollutants into the City wastewater treatment works which will interfere with the normal operation of the system or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the City wastewater treatment works which do not receive adequate treatment and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; and
(3) To improve the opportunity to recycle and reclaim wastewater and sludge from the system.
(b) Unlawful Discharge of Unpolluted Water; Orders.
(1) No person shall discharge or cause to be discharged unpolluted water, such as storm water, ground water, roof run-off, subsurface drainage or cooling water, to a sanitary sewer, except that storm water run-off from limited areas, which storm water may be polluted at times, may be discharged to the sanitary sewer by permission of the City Engineer. The City Engineer shall consult with the Superintendent of Water Pollution Control and Maintenance prior to granting written approval. Storm water that is discharged to the City sewer system shall be assessed the same rate as if it were considered sanitary waste.
(2) Whenever the City Engineer finds that paragraph (b)(1) hereof is being violated, he or she shall issue a written order, to the person responsible for the removal, elimination or correction of such condition, to remove connectors or drains from the sanitary sewer within thirty days after service of such order. However, if the removal, elimination or correction of such condition cannot reasonably be accomplished within thirty days after service of such order, such time period may be extended an additional sixty days upon application to and approval by the City Manager.
The service of such order may be made upon the person to whom it is directed by delivering a copy of the same to such person, by delivering the same to and leaving it with any person in charge of the premises or by affixing a copy thereof in a conspicuous place on the door to the entrance of such premises.
(c) Lawful Discharge of Unpolluted Water. Storm water, other than that exempted under subsection (b) hereof, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the City Engineer and other regulatory agencies. Unpolluted industrial cooling water or process water may be discharged, with the approval of the City Engineer and other regulatory agencies, to a storm sewer, combined sewer or natural outlet.
(d) Grease, Oil and Sand Interceptors Required. Grease, oil and sand interceptors shall be provided when, in the opinion of the City Engineer, they are necessary for the proper handling of liquid wastes containing oil and grease in excessive amounts, as specified in paragraph (f)(13) hereof, or any flammable wastes, sand or other harmful ingredients. However, such interceptors shall not be required for private living uarters or dwelling units. The City official responsible for the enforcement of the Plumbing Code shall determine the size and type of interceptors and shall be responsible for having them installed and maintained.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easy removable covers which, when bolted in place, shall be gastight and watertight.
(e) Maintenance of Grease, Oil and Sand Interceptors. Where grease, oil and sand interceptors and pretreatment of flow-equalizing facilities are provided or required for any water or waste, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense. All grease traps and garbage interceptors, at a minimum, shall be cleaned of its contents once per year.
(f) General Discharge Prohibitions. In the case of waters or wastes which are discharged or are proposed to be discharged, which waters or wastes contain compatible or incompatible pollutants, other than sanitary sewage, and which may have a deleterious effect upon the wastewater treatment works, processes, equipment or receiving waters, including a violation of applicable water quality standards, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent shall reject the discharge of such wastes; require pretreatment of quantities and rates of discharge to an acceptable condition for discharge to the public sewers and/or require payment to cover the added cost of handling, treating and disposing of the wastes in accordance with Section 923.08(n) and (o) and Section 923.99. However, no person shall contribute or discharge or cause to be discharged, directly or indirectly, any of the following described substances into the City's sewage treatment works:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or sixty degrees Centigrade using the test method specified in 40 CFR 261.21;
(2) Solid or viscous substances which will or may cause an obstruction to the flow in a sewer or other interference with the operation of the system;
(3) If monitored by grab sample, any wastewater having a pH of less than 5.5 S.U. or more than 11.0 S.U. or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage treatment works. If continuous monitoring of pH is required by the industrial wastewater discharge permit, then the conditions of said permit shall apply;
(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals or to exceed the limitations set forth in any National, State, or local pretreatment standards;
(5) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW and/or within the sewer collection system in a quantity that may cause acute worker health and/or safety problems, and/or be detrimental to the operation of the POTW and/or the sewer collection system;
(6) Any substance which may cause the wastewater treatment plant effluent or treatment residues, sludges or scums to be unsuitable for reclamation and re-use or to interfere with the reclamation process. In no case shall a substance discharged to the wastewater treatment works cause noncompliance with sludge use or disposal criteria, or regulations developed under Section 405 of the Act with criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act or the Toxic Substance Control Act or with State standards applicable to the sludge management method being used.
(7) Any substance which will cause the wastewater treatment plant to violate its NPDES and/or other disposal system permit;
(8) Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(9) Any wastewater having a temperature which will inhibit biological activity in the water pollution control plant resulting in interference in the treatment plant, but in no case wastewater with a temperature exceeding sixty degrees Centigrade (140 degrees Fahrenheit) at its introduction into the public sewer, and/or which causes the influent to the water pollution control plant to exceed forty degrees Centigrade (104 degrees Fahrenheit);
(10) Any slug as defined in Section 923.02(84);
(11) Any wastewater containing radioisotopes of such a half life or concentration as exceed limits established by the City in compliance with applicable State or Federal regulations;
(12) Any wastewater which causes a hazard to human life or creates a public nuisance;
(13) Any wastewater containing more than fifty mg/l of petroleum hydrocarbons or any wastewater containing more than 294 mg/l, or the allowable limit as specified in the most recent OEPA approved local discharge limits of total recoverable oil and grease; but in no case, oil in quantities which will pass through or cause interference at the POTW;
(14) Any garbage that has not been properly shredded; or
(15) Any substance that exerts a significant chlorine demand. No discharge shall exceed a residual chlorine limit of 0.7 mg/l.
(16) The Superintendent shall allow any industrial user to submit a plan of best management practices (BMPs) (OAC 3745-3-04) or a pollution prevention alternative for consideration instead of issuing local industrial discharge limits. If the alternative method or plan of BMPs is approved, the Superintendent shall issue an industrial discharge permit stating that the alternative method or plan of BMPs is an enforceable limit. The industrial discharge permit will contain reporting requirements for baseline and periodic compliance reports that will require submission of documentation indicating compliance with the alternative method or BMPs.
(g) Waste Haulers Permit Required; Compliance with Superintendent. No person shall access the sewer system or POTW for any activity including the discharge of hauled septic or industrial wastes, except at locations, quantity, dumping rates, and times, as designated by the Superintendent. All haulers of such wastes shall make application to the Superintendent for a waste hauler’s permit before commencing such activities and shall abide by the regulations of said permit. Permits are valid for up to five years. Failure to abide by such regulations shall be cause for revocation of the waste hauler’s permit. The Superintendent has the right to inspect all waste hauling vehicles, and collect samples of each load. The Superintendent should annually review the charge for waste hauler permits, sampling costs, and waste dumping fees. 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 Superintendent, or without the expressed permission of the Superintendent, shall be considered a violation and shall be subject to enforcement action including fines and penalties allowed under this chapter.
(h) Limitations on Wastewater Strength. The National Categorical Pretreatment Standards, as promulgated by the USEPA pursuant to the Act, which are hereby adopted and incorporated herein by reference, shall be met by all users of the City's wastewater treatment works. Copies of standards shall be available at the office of the City Engineer and the Superintendent. The only exception to this requirement occurs when the City, upon application for removal credits, receives a modification to the categorical pretreatment standards as provided for under the Act.
State requirements and limitations on discharges to the wastewater treatment works shall be met by all users who are subject to such standards in any instance in which such standards are more stringent than Federal requirements and limitations or those in this section or any other applicable ordinance of the City.
The City reserves the right to amend this chapter to provide for more stringent limitations or requirements on discharges to the sewage treatment works where deemed necessary to comply with the objectives set forth in subsection (a) hereof.
No user shall increase the use of potable or process water, in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this section.
No industrial user shall discharge or cause or allow to be discharged to the POTW wastes which contain any pollutants at concentrations greater than those found in domestic sewage unless that industrial user has obtained a wastewater discharge permit from the City which allows the discharge of such pollutants. Where an industrial user has been issued a wastewater discharge permit, that industrial user must comply with all local limitations established by the City and contained in the wastewater discharge permit in addition to any applicable State or Federal limitations.
(i) Accidental and/or Slug Discharge. Each user shall provide protection from accidental and/or slug discharge of prohibited or regulated materials or substances established by this chapter. The information to prevent an accidental and/or slug discharge shall be compiled into one document known as a slug control plan. A slug control plan must be approved by the Superintendent in order for a significant discharger to obtain/maintain a discharge permit. A slug control plan for a new significant discharger is required to be submitted to the Superintendent within one year from start of discharge to the City sewer system. A slug control plan for an existing significant discharger is required to be submitted to the Superintendent at a minimum of once every five years (control mechanism cycle), prior to permit renewal. In addition, a slug control plan for a non-significant user may be required by the Superintendent. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user’s cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review and shall be approved by the Superintendent before construction of the facility.
Users shall notify the Superintendent of Water Pollution Control immediately upon accidentally discharging or discharging wastes in violation of this chapter to enable countermeasures to be taken to minimize damage to the wastewater treatment works, treatment processes, sanitary sewer combined sewer, receiving waters, and any water course or storm sewer within and/or outside the City boundary. The notification shall include the location of the discharge, date and time thereof, the type of waste, the concentration and volume and corrective action. This notification shall be followed, within five working days of the date of occurrence, by a detailed and written statement describing the causes of the discharge and the measures being taken to prevent a future occurrence. Such notification will not relieve users of liability for any fines provided for in Section 923.99, for any expense, loss or damage to the wastewater treatment works or treatment process, sanitary sewers, combined sewers storm sewers, watercourse and receiving waters within and/or outside the City and/or for any fines imposed on the City on account thereof.
In order that employees of users will be informed of City requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the City from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user’s bulletin board advising employees whom to call within the user’s management structure and whom to call within the City in case of a discharge in violation of this chapter. The Department of Wastewater Treatment, Fire Department, and the Police Division shall be notified.
Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system shall be eliminated. Where such action is impractical or unreasonable, the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this chapter.
(j) Industrial Waste Discharge Permit and Pretreatment.
(1) No person shall discharge industrial waste, either directly or indirectly, into the City sanitary sewerage system without first obtaining a written permit from the Superintendent. The Superintendent shall not issue such a permit until he or she has ascertained that the discharge of waste in the particular instance is not in violation of this chapter and that the discharge will receive satisfactory pretreatment as may be required by the City. Industrial dischargers shall submit, within sixty days of permit issuance, a list of all environmental control permits held for the permitted facility.
(2) The disposal of pretreatment sludges and spent chemicals generated shall be done in accordance with Section 405 of the Clean Water Act and subtitles C and D of the Resource Conservation and Recovery Act.
(k) Wastewater Discharge Permit Disclosure. All industrial users proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall complete and file with the Superintendent a permit application in the form prescribed by the City.
Existing industrial users shall file the necessary forms within thirty days of the effective date of Ordinance 3018, passed September 6, 1988. Proposed new users shall file forms at least ninety days prior to connecting to the POTW. No discharge permit shall be issued unless and until the user has submitted to the City the following required information:
(1) Disclosure of the company name, parent compenay name, owner's name, address and location of the user;
(2) Disclosure of the Standard Industrial Classification (SIC) number(s) according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) Disclosure of wastewater constituents and characteristics, including, but not limited to, those mentioned in this chapter, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended;
(4) Disclosure of the time and duration of the discharge;
(5) Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured, unless other verifiable techniques are approved by the City due to cost or nonfeasability;
(6) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by site, location, and elevation;
(7) A description of the activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the POTW of the City;
(8) Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the user to comply with this chapter;
(9) Where additional pretreatment and/or operations and maintenance activities will he required to comply with this chapter, a declaration of the shortest schedule by which the user will provide such additional operational and maintenance activities as follows:
A. The schedule shall contain dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this chapter, including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts to achieve compliance with this section.
B. Under no circumstances shall the City permit a time increment for any single step directed toward compliance to exceed nine months.
C. Not later than fourteen days following each completion date in the schedule and the final date for compliance, the user shall submit a progress report to the City, including not less than a statement as to whether or not he or she complied with the increment of progress represented by that date and, if not, the date on which he or she expects to comply with this increment of progress, the reason for the delay, and the steps being taken by user to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
(10) Disclosure of each product produced by type, amount, process or processes and rate of production;
(11) Disclosure of the type and amounts of raw materials utilized, the average and maximum per day; and
(12) Requests that certain information be treated as confidential information, under Section 923.06(r) of the Codified Ordinances.
The information required by paragraphs (k)(1) through (12) hereof may be summarized on an industrial waste survey report, baseline monitoring report and priority pollutant report. Existing industrial users with permits shall by January 31 of each year annually update information required in paragraphs (k)(1) through (12) above.
All disclosure forms shall be signed by a principal executive of the user, or by the duly authorized representative.
The City will evaluate the complete application and data furnished by the user. Within thirty days and after full evaluation, the City will notify the user of the City’s acceptance thereof by issuing a wastewater discharge permit, subject to terms and conditions provided for herein, or will notify the user of the City’s rejection thereof and the basis therefor. Failure to comply with the provisions of an approved compliance schedule, or with other terms and conditions as set forth in each permit, shall be cause for revocation of such permit and will subject the user to enforcement actions and penalties as hereafter provided.
(l) Permit Modifications. The City reserves the right to amend any wastewater discharge permit issued hereunder in order to ensure compliance by the City with applicable new laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of each user subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit as required by subsection (j) hereof, the user shall apply for a wastewater discharge permit from the City within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, the user with an existing wastewater discharge permit shall submit to the City, within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by paragraphs (k)(5), (8) and (9) hereof. The user shall be informed of any proposed change in his or her permit at least thirty days prior to the effective date of the change. Any change or new condition in the permit shall include a reasonable time schedule for compliance. Within ninety days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new user, following commencement of the introduction of wastewater into the City sewerage system, any user subject to such pretreatment standards shall submit the information required by paragraphs (k)(5), (8) and (9) hereof. Any change or new condition in this chapter shall include a reasonable time schedule for compliance.
(m) Permit Conditions. Wastewater discharge permits shall specify not less than the following:
(1) Fees and charges to be paid upon initial permit issuance;
(2) Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
(3) Limits on the average and maximum rate and time of the discharge and/or requirements for flow regulations and equalization;
(4) Requirements for the installation and maintenance of inspection and sampling facilities;
(5) Special conditions as the City may reasonably require under particular circumstances of a given discharge including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules;
(6) Compliance schedules; and
(7) Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this chapter.
(n) Permit Duration. All wastewater discharge permits are issued to a specific user for a specific location and are not assignable to another use without the prior written approval of the Superintendent and the City Manager and are not transferable to any other location. All wastewater discharge permits are automatically renewable yearly for up to and including a five-year period, or longer as needed until OEPA approves renewal local limits, at which time a new permit shall be issued. Any industrial user wishing to apply for modification of the industrial wastewater discharge permit shall make formal application for such modification at least ninety days in advance of the date of the desired modification(s).
(o) Compliance Reports.
(1) Any industrial user subject to categorical pretreatment standards shall submit a report indicating whether the use has achieved compliance. This report shall be submitted to the City within ninety days following the date for final compliance with applicable categorical pretreatment standards, or, in the case of a new source discharger, ninety days following commencement of the introduction of wastewater into the POTW. The following information shall be included:
A. Measured average daily and maximum flows of regulated process streams and other nonregulated streams.
B. Results of sampling and analysis of regulated pollutants from each regulated process. For pH, cyanide, total phenolics, oil and grease, sulfide and volatile organics, a minimum of four grab samples must be analyzed. For all other pollutants a minimum of one twenty-four hour flow proportional composite sample shall be obtained downstream of pretreatment facilities if such exist or immediately downstream of regulated processes if no pretreatment facilities exist. All samples shall be representative of the daily operations.
C. For industrial users subject to mass allocation or concentration limits established by the Superintendent, this report shall include a reasonable measure of the user's long term production rate. For industrial users subject to production-based standards, this report shall include the user's actual production during the appropriate sampling period.
D. A statement indicating whether pretreatment standards are being met on a consistent basis and, if not, a statement indicating whether additional pretreatment or operation and maintenance will be required to meet the pretreatment standards.
(2) Any user subject to a pretreatment standard set forth in this chapter shall submit to the Superintendent, as required by the conditions of its industrial wastewater discharge permit, a report indicating the nature and concentration of prohibited and/or regulated substance(s) in the effluent that are limited by the pretreatment standards thereof. In addition, this report shall include a record, for the reporting period, of all measured or estimated flows as required by the industrial wastewater permit. Flows shall be reported on the basis of actual measurement. However, where cost or feasibility considerations justify, the Superintendent may accept reports of average and maximum flows estimated by verifiable techniques. Results of sampling above the minimum required shall also be reported if analyses were conducted according to methodology outlined in 40 CFR 136. Where the results of self-monitoring indicates a violation of pretreatment standards, the industrial user shall notify the Superintendent within twenty-four hours of becoming aware of the violation. The industrial user shall also resample for the pollutant(s) in violation and report those results within thirty days of becoming aware of the initial violation.
A. If a violation is detected through sampling and analysis conducted by the City instead of the industrial user, the City shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat sampling and analysis.
(3) Reports of users shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentrations, or production and mass where required by the City. The frequency of monitoring by the user shall be as prescribed in the conditions of its industrial wastewater discharge permit. All analyses shall be performed in accordance with 40 CFR, Part 136, and amendments thereto. Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the EPA.
(4) Reports shall state whether or not the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional facilities and/or pretreatment is necessary to gain compliance with applicable pretreatment standards or requirements. All industrial users shall promptly notify the POTW in advance of any significant changes to the industrial user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty days before the change.
(5) All reports required by this section shall be signed by one of the following:
A. Corporations - a principal executive officer or a duly authorized representative responsible for the overall operation of the facility discharging to the treatment works;
B. Partnership or proprietorship - a general partner or the proprietor;
C. When required by the City Manager, a licensed engineer.
(p) Monitoring Facilities. The City shall require any industrial user discharging industrial wastes to provide and operate, at the user’s own expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the user’s premises, except that where such a location would be impractical or cause undue hardship on the user, the City may permit the facility to be constructed in the public street or sidewalk area, provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment as may be required shall be maintained at all times in a safe and proper operating condition at the expense of the user. All metering and measuring equipment required shall be certified by the manufacturer as to its accuracy. Such equipment shall be inspected and calibrated annually, or biannually for certain City approved flow meters, by a service representative of the manufacturer, or an independent contractor qualified to perform such tasks, and a certificate of occupancy shall be furnished to the Superintendent within forty- five days after calibration was rendered. Construction shall be completed within 120 days of receipt of a permit by the user.
(q) Inspection and Sampling. The City may inspect the monitoring facilities of any user to determine compliance with the requirements of this chapter. The user shall allow the Superintendent and other duly authorized employees of the City bearing proper credentials and identification to enter upon the premises of the user at all reasonable hours for purposes of inspection, observation, measurement, sampling or records examination. Entry shall be allowed within thirty minutes of notification during normal business hours and within sixty minutes at all other times. The City may set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, and may make copies of such records as deemed necessary.
(r) Confidential Information. Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the user. When requested by a user furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, the State disposal system permit and/or the pretreatment programs, provided that such portions of a report shall be available for use by the State agency in judicial review or enforcement involving the user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the user.
(s) List of Noncompliant Dischargers or User. Annually the City shall publish a list of all significant industrial users which at any time during the previous twelve months were in significant noncompliance with applicable pretreatment requirements. For the purposes of this provision, a significant industrial user is in significant noncompliance at each discharge location if its violations meet one or more of the following criteria:
(1) Chronic violations including instantaneous wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the maximum allowable limit at any time for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations including instantaneous wastewater discharge limits, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the maximum allowable limit at any time multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violations including instantaneous limits or narrative standards that the Superintendent 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);
(4) Any discharge of a pollutant that has caused the imminent endangerment of human health or welfare or the environment or has resulted in the POTW’s exercise of emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within forty-five days after the due date, required reports such as Baseline Monitoring Reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which the Superintendent determines will affect or has adversely affected the operation or implementation of the City’s pretreatment program;
(9) Violations of BMPs that adversely affect the operation and implementation of the pretreatment program; or
(10) Non significant users are subject to the above named standard(s) except for parts (1) and (2).
(t) Inquiries. Any user or any interested party may 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. If such inquiry is by a user 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 user's request shall stay all enforcement proceedings pending receipt of the written reply. Upon receipt of the written reply as described in the previous sentence, a user may request, in writing, and within five working days of receipt of said reply, a review of the matter by the governing body of the City.
(u) Records. All users subject to this chapter shall retain and preserve, for not less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling and chemical analysis made by or on behalf of a user in connection with his or her discharge. All records which pertain to matters which are the subject of an administrative adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and until all periods of limitation with respect to any and all appeals have expired.
(v) Removal Credits. Where applicable, the City may elect to initiate a program of removal credits as part of this chapter to reflect the ability of the POTW to remove pollutants in accordance with 40 CFR, Part 403.7.
(v) Removal Credits. Where applicable, the City may elect to initiate a program of removal credits as part of this chapter to reflect the ability of the POTW to remove pollutants in accordance with 40 CFR, Part 403.7.
The City may elect to adjust categorical pretreatment standards to reflect the presence of pollutants in the user’s intake water, in accordance with 40 CFR, Part 403.15.
(Ord. 4252. Passed 12-21-92; Ord. 5478. Passed 7-2-12.)