(a) City's Authority to Control Discharges. If wastewaters containing any substances described in Section 1048.04 of this Chapter are discharged, or proposed to be discharged, into the sewer system of the City or to any sewer system tributary thereto, the City may:
(1) Prohibit the discharge of such wastewater;
(2) Require the user to make modifications that will reduce or eliminate the discharge of such substance to achieve compliance with this chapter;
(3) Require pretreatment, including storage facilities or flow equalization, necessary to reduce or eliminate the objectionable characteristics or substances to achieve compliance with all categorical pretreatment standards, local limits and prohibitions set out in Section 1048.04 of this Chapter;
(4) Require the user making, causing, or allowing the discharge to pay any additional costs or expenses incurred for handling and treating excess loads imposed on the XWWTP;
(5) Take any other remedial action as may be deemed desirable or necessary to achieve the purposes of this chapter; and/or
(6) Require the user responsible for the discharge or proposed discharge to apply for and obtain a wastewater discharge permit authorizing and limiting the discharge for specific pollutants.
(b) City Authority over Pretreatment or Flow Equalization.
(1) Where pretreatment or flow equalization prior to discharge into the XWWTP is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the City for review and approval. Such approval shall not exempt the user from compliance with any other applicable code, ordinance, rule, regulation, or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the City.
(2) If pretreatment or flow equalization is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his or her own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws.
(c) Monitoring.
(1) The Director may require any user to provide, install and operate, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the user's discharge to the City's sewer system. The monitoring facility shall be situated on the user's premises and located so that personnel will have unimpeded access at all times for inspection and sample collection. If the facilities are locked, special arrangements shall be made to allow access. The sampling and monitoring facilities shall meet the City's requirements, and construction of such facilities shall not begin until plans have been submitted to, and approved by, the City. The Director shall also have the right to set up monitoring devices at the facilities. There shall be ample room in or near such monitoring facilities to allow for additional monitoring devices. The monitoring facilities, sampling and flow measuring equipment must be maintained at all times in a safe and proper operating condition by and at the expense of the user.
(2) Whenever the Director, in his sole discretion, deems it necessary, an authorized representative of the City, upon presentation of identification, may enter upon any property or premises at reasonable times for the purpose of copying any records required to be kept under the provisions of this chapter: inspecting any processes or equipment where wastewater is generated and discharged to the XWWTP; and/or sampling any discharge or wastewater to the XWWTP.
(d) Protection Against Accidental Discharge/Slug Discharge. Each industrial user shall provide, at its own cost and expense, protection from accidental discharges of prohibited materials or other wastes regulated by this chapter. The Director shall evaluate whether each industrial user needs a written accidental discharge/slug discharge control plan or other action to control slug discharges. The Director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Director and the XWWTP of any accidental or slug discharge, as required by this chapter; and
(4) Procedures to prevent adverse impact from any accidental or slug discharge including, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site-runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(e) Duty to Notify Director. If, for any reason, a user does not comply with, or will not be able to comply with, any prohibition or limitation in this chapter, the user responsible for such discharge shall immediately notify the Director so that corrective action may be taken to protect the XWWTP. In addition, a written report addressed to the Director detailing the exact date, time and cause of the accidental discharge, and the duration, quantity, and characteristics of the discharge, shall be filed by the responsible person within five (5) days.
(Ord. 2020-20. Adopted 08/27/20)