[HISTORY: Adopted by the City Council of
the City of Rockwood 1-21-1999 by Ord. No. 373. Amendments noted where
applicable.]
A.Â
This chapter sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system for the City and enables the City to comply with all applicable
requirements of the Clean Water Act, the Michigan Natural Resources
and Environmental Protection Act ("MNREPA"), the General Pretreatment
Regulations (40 CFR, Part 403), and other regulations promulgated
under applicable law, as amended.
B.Â
The objectives of this chapter are to:
(1)Â
Prevent the introduction of pollutants into the municipal
wastewater system, which pollutants will interfere with the operation
of the system or contaminate the resulting sludge;
(2)Â
Prevent the introduction of pollutants into the municipal
wastewater system, which pollutants will pass through the system,
inadequately treated, into receiving waters or the atmosphere or otherwise
be incompatible with the system;
(3)Â
Improve the opportunity to recycle and reclaim wastewaters
and sludges from the system;
(4)Â
Provide for equitable distribution of the cost of
the municipal wastewater system; and
(5)Â
Enable the City to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other federal or state laws to which the wastewater
collection and treatment system is subject.
C.Â
This chapter provides for the regulation of direct
and indirect contributors to the municipal wastewater system through
the issuance of permits to certain nondomestic users and through the
enforcement of general requirements for the other users, authorizes
monitoring and enforcement activities, requires user reporting, assumes
that an existing customer's capacity will not be preempted and provides
for the setting of fees for the equitable distribution of costs resulting
from the program established in this chapter.
D.Â
This chapter shall apply to the City and to persons
outside the City who are, by contract or agreement with the city,
users of the City POTW. Except as otherwise provided in this chapter,
the Superintendent of the City POTW shall administer, implement and
enforce this chapter.
A.Â
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
(a)Â
(b)Â
(c)Â
(4)Â
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
BYPASS
CATEGORICAL STANDARDS
CITY
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
MDEQ
MNREPA
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)Â
(2)Â
(3)Â
PASS THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SIGNIFICANT INDUSTRIAL USER
(1)Â
(2)Â
(a)Â
(b)Â
(c)Â
(3)Â
SIGNIFICANT NONCOMPLIANCE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORMWATER
SUSPENDED SOLIDS
SUPERINTENDENT
TOXIC POLLUTANT
UPSET
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATERS OF THE STATE
As used in this chapter, unless the context specifically
indicates otherwise, the following terms shall have the meanings indicated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act (33 U.S.C. § 1251 et seq., as amended).
The Director in an NPDES state with an approved state pretreatment
program and the Administrator of the EPA in a non-NPDES state or an
NPDES state without an approved state pretreatment program.
A responsible corporate officer, if the industrial
user is a corporation. For the purpose of this subsection, a responsible
corporate officer means:
A president, secretary, treasurer, or vice president
of the corporation in charge of a principal business function, or
any other person who performs similar policymaking or decisionmaking
functions for the corporation;
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedure.
By a general partner or proprietor if the industrial
user submitting the reports is a partnership or sole proprietorship
respectively.
By a duly authorized representative of the individual
designated in Subsections (1)(a) or (1)(b) of this definition if:
The authorization is made in writing by the
individual described in Subsection (1)(a) or (1)(b);
The authorization specifies either an individual
or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, operator or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
The written authorization is submitted to the
control authority.
If an authorization under Subsection (3) of
this section is no longer accurate because of a different individual
or position has responsibility for the overall operation of the facility,
or overall responsibility for environmental matters for the company,
a new authorization satisfying the requirements of Subsection (3)
of this section must be submitted to the control authority prior to
or together with any reports to be signed by an authorized representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20° C., usually expressed as a concentration [milligrams per
liter (mg/l)].
A sewer conveying wastewater from the premises of a user
to the POTW.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
National categorical pretreatment standards or pretreatment
standards.
The City of Rockwood or City Council.
The city-owned treatment work if it has an approved program,
or the approval authority until the publicly owned treatment works
program is approved.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the state.
The United States Environmental Protection Agency. Where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of such Agency.
A sample taken from a waste stream on a one-time basis over
a period of time of not more than 15 minutes without regard to the
flow in the waste stream.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317) into the POTW (including holding tank waste
discharged into the system).
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act (33 U.S.C. § 1342).
The inhibition or disruption or the POTW treatment processes
or operations, which inhibition or disruption contributes to a violation
of any requirement of the city's NPDES permit. The term includes prevention
of sewage sludge use or disposal by the POTW in accordance with Section
405 of the Act (33 U.S.C. § 1345), or any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act or more
stringent state criteria (including those contained in any state sludge
management plan prepared pursuant to Title IV of SWDA) applicable
to the method of disposal or use employed by the POTW.
The Michigan Department of Environmental Quality or its successor
department or Agency.
The Michigan Natural Resources and Environmental Protection
Act, MCLA 324.101 et seq., as amended.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and Cc) of the Act (33
U.S.C. § 1347), which regulation applies to a specific category
of industrial users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under authority of Section 307(b)
of the Act and 40 CFR, Section 403.5.
Any building, facility or structure, from which there is
or may be a discharge and for which the construction commenced after
the publication of proposed pretreatment standards under Section 307(c)
of the Clean Water Act or will be applicable to the source if the
standards are thereafter promulgated in accordance with Section 307(c)
and if any of the following provisions apply:
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site.
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of any requirement of the POTW's NPDES permit (including an increase
in the magnitude or duration of a violation).
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or other legal entity, or his, her or its legal representatives,
agents or assigns.
The logarithm (base ten) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
Man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
A publicly owned treatment works as defined below.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by 40 CFR, Section 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the city.
This definition includes any sewers that convey wastewater to the
POTW treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For the
purposes of this chapter, POTW also includes any sewers that convey
wastewaters to the POTW from persons outside the City who are, by
contract or agreement with the city, users of the city's POTW.
Except as provided in Subsection (3) of this section, the
term significant industrial user means:
A user subject to a categorical pretreatment
standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; or
Any other industrial user that:
Discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewater); or
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
Is designated as such by the City of Rockwood
as defined in 40 CFR 403.12(a) on the basis that the industrial user
has a reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement in accordance
with 40 CFR 403.8(f)(6).
Upon a finding that a user meeting the criteria
in Subsection (2)(b) has no reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement, the City of Rockwood may at any time, on its own initiative
or in response to a petition received from a user, and in accordance
with procedures in 40 CFR 403.8(f)(6), determine that such user should
not be considered a significant industrial user.
An industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
Chronic violations of any numerical limits placed
on wastewater discharge, defined here as those in which 66% or more
of all of the measurements taken during a six-month period exceed
(by any magnitude) the daily maximum numerical limit or the average
numerical limit for the same pollutant parameter.
Technical review criteria (TRC) violations,
defined here as those in which 33% or more of all of the measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the daily maximum numerical limit or the
average numerical limit multiplied by the applicable TRC (TRC = 1.4
for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH).
Any other violation of a numerical pretreatment
effluent limitation (daily maximum or longer-term average) that the
control authority determines has caused, alone or in combination with
other discharges, interference or pass-through (including endangering
the health of treatment plant personnel or the general public).
Any discharge of a pollutant has caused imminent
endangerment to human health, welfare, or to the environment or has
resulted in the treatment plant's exercise of its emergency authority
to halt or prevent such a discharge.
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance.
Failure to provide, within 30 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.
Failure to accurately report noncompliance.
Any other violation or group of violations which
the control authority determines will adversely affect the operation
or implementation of the local pretreatment program.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
The person designated by the City to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this chapter, or his or her duly authorized
representative.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of Section 307(a) of the Act
or under any other act.
An exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards because
of factors beyond the reasonable control of the industrial user. An
upset does not include noncompliance to the extent caused by operation
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper
operation.
Any person who contributes, or causes or permits the contribution
of, wastewater into the city's POTW.
Liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings and industrial facilities and institutions,
together with groundwater, surface water or stormwater that may be
present, whether treated or untreated, which is contributed into or
permitted to enter the POTW.
Has the meaning set forth in § 115-12.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and other bodies or accumulations of water, surface or underground,
natural or artificial, public or private, which are contained within,
flow through or border upon the state or any portion thereof.
B.Â
Terms not otherwise defined herein shall be defined
as set forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Water Works Association
and the Water Pollution Control Federation.
C.Â
The following abbreviations shall have the designated
meanings:
BOD
|
Biochemical oxygen demand
| |
CFR
|
Code of Federal Regulations
| |
COD
|
Chemical oxygen demand
| |
EPA
|
Environmental Protection Agency
| |
l
|
Liter
| |
mg
|
Milligrams
| |
mg/l
|
Milligrams per liter
| |
NPDES
|
National Pollutant Discharge Elimination Systems
| |
POTW
|
Publicly owned treatment works
| |
SIC
|
Standard Industrial Classification
| |
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
| |
USC
|
United States Code
| |
TSS
|
Total suspended solids
|
A.Â
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant, substance or wastewater which
will interfere with the operation or performance of the POTW, or which
is or may become injurious to public health, safety or welfare. These
general prohibitions apply to all users of a POTW, whether or not
the user is subject to national categorical pretreatment standards
or requirements.
B.Â
In addition to the general discharge prohibition set
forth in Subsection A above, a user may not contribute the following
substances to any POTW:
(1)Â
Combustible pollutants. Any liquids, solids or gases
which, by reason of their nature or quantity, are or may be sufficient,
either alone or by interaction with other substances, to cause fire
or explosion or be injurious in any other way to the POTW or to the
operation of the POTW. Pollutants which create a fire or explosion
hazard in the treatment plant, including but not limited to, waste
streams with a closed cup flashpoint of less than 140° F. or 60°
C. using the test methods specified in 40 CFR 261.21. At no time shall
two successive readings on an explosion hazard meter, at the point
of discharge into the system (or at any point in the system), be more
than 5% nor shall any single reading be over 10% of the lower explosive
limit (LEL) of the meter. Examples of these materials include, but
are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides, chlorinated
hydrocarbons, phenolic compounds and other substances which the city,
the state or the EPA has notified the user is a fire hazard or a hazard
to the system.
(2)Â
Solid pollutants. Solid or viscous substances which
may cause obstruction to the flow in a sewer or other interference
with the operation of the wastewater treatment facilities, such as,
but not limited to, fat, grease, garbage with particles greater than
1/2 inch in any dimension, animal guts or tissues, paunch manure,
bones, hair hides or fleshings, entrails, whole blood, feathers, ashes,
cinders, sand, spent lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains, spent hops, wastepaper,
wood, plastics, gas, tar, asphalt residues, residues from refining
or processing of fuel or lubricating oil, or glass grinding or polishing
waste, petroleum oil, nonbiodegradable oil, or products or mineral
oil in amounts that will cause interference or pass through.
[Amended 5-1-2002 by Ord. No. 407]
(3)Â
Minimum pH. Any wastewater having a pH less than 5.0,
unless the POTW is specifically designed to accommodate such wastewater,
or wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment and/or personnel of the
POTW.
(4)Â
Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other pollutants, which
would create a toxic effect in the receiving waters of the POTW exceeding
the limitations set forth in a categorical pretreatment standard.
A toxic pollutant shall include, but not be limited to, any pollutant
identified pursuant to Section 307(a) of the Act.
(5)Â
Pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(6)Â
Any substance which may cause the POTW's effluent
or any other product of the POTW, such as 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
POTW cause the POTW to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 of
the Act; with any criteria, guidelines or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act,
the Clean Air Act or the Toxic Substances Control Act; or with state
criteria applicable to the sludge management method being used.
(7)Â
Any substance which will cause the POTW to violate
its NPDES and/or state disposal system permit or the receiving water
quality standards.
(8)Â
Any wastewater with objectionable color not removed
in the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions.
(9)Â
Any wastewater having a temperature which will inhibit
biological activity in the POTW treatment plant resulting in interference,
but in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C. (104° F.).
(10)Â
Any pollutants, including oxygen demanding pollutants
(BOD, etc.), released at a flow rate and/or pollutant concentrations
which, either singly or by interaction with other pollutants, will
cause interference with the POTW. In no case shall a slug load have
a flow rate or contain concentrations or quantities of pollutants
that exceed, for longer than 15 minutes, more than five times the
average twenty-four-hour concentrations, quantities or flow during
normal operation.
(11)Â
Any wastewater containing any radioactive wastes
or isotopes of such a half life or concentration as may exceed limits
established by the Superintendent in compliance with applicable state
or federal regulations.
(12)Â
Any substance which causes a hazard to human
life or creates a public nuisance.
(13)Â
Any substance which violates any standards or
conditions of any statute, rule, regulation or ordinance of any public
agency, including, but not limited to, this chapter, the EPA, or MDEQ.
(14)Â
Contents of septic, vehicular or marine holding
tanks or other similar facilities, or any discharge of trucked or
hauled pollutants cannot be released to the POTW except at the location
designated in the confines of the treatment plant and under the conditions
and provisions established by the Superintendent.
A.Â
Upon the promulgation of the federal categorical pretreatment
standards for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this chapter for
sources in that subcategory, shall immediately supersede the limitations
imposed under this chapter. The Superintendent shall notify all affected
users of the applicable reporting requirements under 40 CFR, Section
403.12.
B.Â
Where the city's wastewater treatment system achieves
consistent removal of pollutants limited by federal categorical pretreatment
standards, the City may apply to the approval authority for modification
of specific limits in the federal pretreatment standards. As used
in this subsection, "consistent removal" means reduction in the amount
of a pollutant or alteration of the nature of the pollutant by the
wastewater treatment system in 95% of the samples taken when measured
according to the procedures set forth in Section 403.7(c)(2) of 40
CFR, Part 403, "General Pretreatment Regulations for Existing and
New Sources of Pollution," promulgated pursuant to the Act. The City
may then modify pollutant discharge limits if the requirements of
40 CFR, Part 403, Section 403.7, are fulfilled and prior approval
from the approval authority is obtained.
C.Â
Existing sources shall comply with any applicable
categorical pretreatment standards within three years from the date
that the standard is effective unless a shorter compliance date is
specified in the standard.
[Amended 5-15-2002 by Ord. No. 406]
A.Â
No person shall discharge wastewater containing in
excess of the following:
Pollutant
|
Local Discharge Limits
(mg/l)
| |
---|---|---|
Arsenic
|
0.19
| |
Cadmium
|
0.16
| |
Chromium
|
4.8
| |
Copper
|
4.6
| |
Cyanide
|
0.48
| |
Lead
|
0.47
| |
Mercury
|
See Subsection B below
| |
Molybdenum
|
0.19
| |
Nickel
|
2.4
| |
Selenium
|
0.25
| |
Silver
|
3.7
| |
Zinc
|
4.4
| |
CBOD5
|
340
| |
TSS
|
430
| |
Total Phosphorus
|
18
|
NOTES:
| |
CBOD5 = Five-day carbonaceous
biochemical oxygen demand.
| |
TSS = Total suspended solids.
|
B.Â
The local discharge limitation for mercury is established
at the level of detection (LOD) in accordance with the following:
(1)Â
There shall be no detectable amounts of mercury discharged
into the publicly owned treatment works (POTW). Mercury sampling procedures,
preservation and handling, and analytical protocol for compliance
monitoring shall be in accordance with EPA Method 245.1. The LOD,
developed in accordance with the procedure specified in 40 CFR 136,
shall not exceed 0.2 ug/L for mercury, unless higher levels are appropriate
due to matrix interference.
(2)Â
The evaluation of potential matrix interference(s)
shall include, at a minimum, the following:
(a)Â
A demonstration that the laboratory conducting
the analysis is capable of achieving the LOD of 0.2 ug/L in reagent
water;
(b)Â
A demonstration that the LOD of 0.2 ug/L cannot
be achieved in the effluent; and
(c)Â
A demonstration that an attempt has been made
to resolve the matrix interference(s).
(3)Â
In cases where true matrix interference(s) can be
demonstrated, a discharge-specific LOD will be developed in accordance
with the procedure in 40 CFR 136. Discharge-specific LODs will be
incorporated into the wastewater discharge permit of the nondomestic
user.
State requirements an limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those set forth in this chapter.
The City reserves the right to establish, by
ordinance or in a wastewater discharge permit, more stringent limitations
or requirements on discharges to the wastewater disposal system if
deemed necessary to comply with the objectives set forth in § 115-1.
A.Â
No user shall increase the use of process water or
in any way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations
contained in the federal categorical pretreatment standards or in
any other pollutant-specific limitation developed by the City or the
state.
B.Â
Additional pretreatment measures.
(1)Â
Whenever deemed necessary, the Superintendent may
require users to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate
sewage waste streams from industrial waste streams, and such other
conditions as may be necessary to protect the POTW and determine the
user's compliance with the requirements of this chapter.
(2)Â
The Superintendent may require any person discharging
into the POTW to install and maintain, on their property and at their
expense, a suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
(3)Â
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Superintendent, they are necessary for
the proper handling of wastewater containing excessive amounts of
grease and oil or sand, except that such interceptors shall not be
required for residential users. All interception units shall be of
a type and capacity approved by the Superintendent and shall be so
located to be easily accessible for cleaning and inspection. Such
interceptors shall be inspected, cleaned, and repaired regularly,
as needed, by the user at his or her expense.
(4)Â
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
A.Â
Each user shall provide protection from an accidental
discharge of prohibited materials or other substances regulated by
this chapter. Facilities to prevent an accidental discharge or prohibited
materials shall be provided and maintained at the owner's or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the City
for review and shall be approved by the City before construction of
the facility. All existing users shall complete such a plan by January
1, 1985. No user who commences contribution to the POTW after the
effective date of this chapter shall be permitted to introduce pollutants
into the system until accidental discharge procedures have been approved
by the city. Review and approval of such plans and operating procedures
shall not relieve the industrial user from the responsibility to modify
the user's facility as necessary to meet the requirements of this
chapter. In the case of an accidental discharge, the user shall immediately
telephone and notify the POTW of the incident. The notification shall
include the location of the discharge, the type of waste, the concentration
and volume and corrective actions.
B.Â
Within five days following an accidental discharge,
the user shall submit to the Superintendent a detailed written report
describing the cause of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, fish kills
or any other damage to any person or property, nor shall such notification
relieve the user of any fine, civil penalty or other liability which
may be imposed by this chapter or other applicable law.
C.Â
A notice shall be permanently posted on the user's
bulletin board or other prominent place advising employees whom to
call in the event of a dangerous discharge. Employers shall ensure
that all employees who may cause or suffer such a dangerous discharge
to occur are advised of the emergency notification procedures.
The City shall require an approved spill prevention
program to be in place for all applicable users prior to the issuance
of a sewer use permit.
A.Â
The purpose of this section is to provide for the
recovery of costs from users of the City's wastewater disposal system
for the implementation of the program established in this chapter.
The applicable charges or fees shall be set forth in the City's schedule
of charges and fees.
B.Â
The city's fee schedule stall include:
(1)Â
There shall be a fee for each industrial sewer discharge
permit application or permit renewal.
(2)Â
There shall be a fee for filing each appeal allowed
under this chapter.
(3)Â
There shall be a sampling charge and analysis charge
for any and all wastewater samples. This could apply to, but not be
limited to, samples collected to monitor permit compliance, determination
and surveillance of traceable discharges, or noncompliance inspections.
(4)Â
Fees for specific pollutants allowed to be discharged
up to permitted limits.
(5)Â
Other fees as the City may deem necessary to carry
out the requirements contained in this chapter.
C.Â
These fees relate solely to the matters covered by
this chapter and are separate from all other fees chargeable by the
city.
A.Â
Required. No person shall discharge, without a City
permit, to any natural outlet in the city, to any area under the jurisdiction
of the City and/or to the POTW wastewater, except as authorized by
the Superintendent in accordance with this chapter.
B.Â
Time limits. All significant users proposing to connect
to or to contribute to the POTW shall obtain a wastewater discharge
permit before connecting to or contributing to the POTW. All existing
significant users connected to or contributing to the POTW shall contain
a wastewater discharge permit within 180 days after the effective
date of this chapter.
C.Â
Application. Users required to contain a wastewater
discharge permit shall complete and file with the City an application
in the form prescribed by the City and accompanied by a fee as set
by resolution of the City Council. Upon application for such permit,
the City shall provide copies of relevant requirements to each user.
Existing users shall apply for a wastewater discharge permit within
30 days after the effective date of this chapter and proposed new
users shall apply at least 90 days prior to connecting to or contributing
to the POTW.
(1)Â
In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
(a)Â
Name, address and location (if different from
the address);
(b)Â
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended;
(c)Â
Wastewater constituents and characteristics,
including, but not limited to, those mentioned in §§ 115-3
to 115-10, as determined by a reliable analytical laboratory. Sampling
and analysis shall be performed in accordance with procedures established
by the EPA pursuant to Section 304(g) of the Act and contained in
40 CFR, Part 136, as amended;
(d)Â
The time and duration of the contribution;
(e)Â
The average daily and thirty-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any;
(f)Â
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation;
(g)Â
A description of activities, facilities and
plant processes on the premises, including all materials which are
or could be discharged;
(h)Â
Where known, the nature and concentration of
any pollutants in the discharge which are limited by any applicable
city, state or federal pretreatment standard, and a statement regarding
whether or not the pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance and/or
additional pretreatment is required for the user to meet applicable
pretreatment standards;
(i)Â
If additional pretreatment and/or operation
and maintenance will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment
standard. The following conditions shall apply to this schedule:
[1]Â
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, etc.).
[2]Â
No increment referred to in Subsection C(1)(i)[1]
hereof shall exceed nine months.
[3]Â
Not later than 14 days following each in the
schedule and the final date for compliance, the user shall submit
a progress report to the Superintendent, including, as a minimum,
whether or not it complied with the increment of progress to be met
on such date and, if not, the date on which it expects to comply with
such increment of progress, the reason for delay to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Superintendent.
(j)Â
Each product produced by type, amount, process
and rate of production;
(k)Â
The type and amount of raw materials processed
(average and maximum per day);
(l)Â
The number and type of employees, the hours
of operation of the plant and the proposed or actual hours of operation
of the pretreatment system; and
(m)Â
Any other information as may be deemed by the
City to be necessary to evaluate the permit application.
(2)Â
The City will evaluate the data furnished by the user
and may require additional information. Within 90 days after acceptance
of an administratively and technically complete application and all
of the date requested by the City and furnished by the user, the City
shall either issue a wastewater discharge permit subject to terms
and conditions provided in this chapter, or deny the permit, providing
a reasonable explanation of the basis for denial.
D.Â
Modifications. Within nine months of the promulgation
of a national categorical pretreatment standard, the wastewater discharge
permit of a user shall become subject to 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 C hereof, the user shall apply for a wastewater discharge
permit within 180 days after the promulgation of the applicable national
categorical pretreatment standard. In addition, the user with an existing
wastewater discharge permit shall submit to the Superintendent, within
180 days after the promulgation of an applicable standard, the information
required by Subsection C(1)(h) and (i) hereof.
E.Â
Conditions. Wastewater discharge permits shall be
expressly subject to all provisions of this chapter and all other
applicable regulations, user charges and fees established by the city.
(1)Â
Permits shall contain the required terms listed below:
(a)Â
A statement of the duration of the permit, which
shall not be more than five years.
(b)Â
A statement of permit nontransferability without
prior notification to the POTW and provision of a copy of the existing
permit to the new owner or operator.
(c)Â
Effluent limits based on applicable general
pretreatment standards, categorical pretreatment standards, local
limits, and state and local law.
(d)Â
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements, including identification of the pollutants
to be monitored, sampling location, sampling frequency and sample
type based on the applicable general pretreatment standards, categorical
pretreatment standards, local limits, and state and local law.
(e)Â
A statement of applicable civil and criminal
penalties for violation of pretreatment standards and requirements
and any applicable compliance schedule. The schedule may not extend
the compliance date beyond applicable federal deadlines.
(2)Â
Permits may also include, without limitation the following:
(a)Â
The unit charge or schedule of user charges
and fees for the wastewater to be discharged to a community sewer;
(b)Â
Limits on the average and maximum wastewater
constituents and characteristics;
(c)Â
Limits on the average and maximum rate and time
of discharge or requirements for flow regulations and equalization;
(d)Â
Requirements for the installation and maintenance
of inspection and sampling facilities;
(e)Â
Compliance schedules and a statement explaining
civil and criminal penalties in violation of pretreatment standards
and requirements;
(f)Â
Requirements for submission of technical reports
or discharge reports;
(g)Â
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by the City,
and affording the City access thereto;
(h)Â
Requirements for notification of the City of
any new introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system.
(i)Â
At lest once every two years, the POTW may request
that each significant industrial user provide a plan to control slug
discharges. The results of such activities shall be available to the
approval authority upon request. If the treatment plant decides that
a slug control plan is needed, the plan shall contain, at a minimum,
the following elements:
[1]Â
Description of discharge practices, including
nonroutine batch discharges;
[2]Â
Description of stored chemicals;
[3]Â
Procedures for immediately notifying the treatment
plant of slug discharges, including any discharge that would violate
a prohibition under 40 CFR 403.5(b), with procedures for follow-up
written notification within five days; and
[4]Â
If necessary, procedures to prevent adverse
impact from accidental spills, including 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.
(j)Â
Other conditions as deemed appropriate by the
City to ensure compliance with this chapter.
F.Â
Wastewater analysis. When requested by the Superintendent,
a user must submit information on the nature and characteristics of
its wastewater within 10 days of the request. The Superintendent is
authorized to prepare a form for this purpose and may periodically
require users to update this information.
G.Â
Duration. Permits shall be issued for a specified
time period, not to exceed five years. A permit may be issued for
a period less than a year or may be stated to expire on a specific
date.
H.Â
Permit modification.
(1)Â
The Superintendent may modify a wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
(a)Â
To incorporate any new or revised federal, state,
or local pretreatment standards of requirements;
(b)Â
To address significant alterations or additions
to the user's operation, processes, or wastewater volume or character
since the time of wastewater discharge permit issuance;
(c)Â
A change in the POTW that requires either a
temporary or permanent reduction or elimination of the authorized
discharge;
(d)Â
Information indicating that the permitted discharge
poses a threat to the city's POTW, personnel, or the receiving waters;
(e)Â
Violation of any terms or conditions of the
wastewater discharge permit;
(f)Â
Misrepresentations or failure to fully disclose
all relevant facts in the wastewater discharge permit application
or in any required reporting;
(g)Â
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
(h)Â
To correct typographical or other errors in
the wastewater discharge permit;
(i)Â
To reflect a transfer of the facility ownership
or operation to a new owner or operator; or
(j)Â
Upon request of the permittee, provided that
such request does not create a violation of any applicable requirements,
standards, laws, or rules and regulations, or requirements of this
chapter.
(2)Â
The user shall be informed of any proposed changes
in his or her permit at least 30 days prior to the effective date
of the charge. Any change or new condition in the permit shall include
a reasonable time schedule for compliance.
I.Â
Reissuance. The user shall apply for permit reissuance
a minimum of 180 days prior to the expiration of the user's existing
permit, or some lesser time as designated by the city. The application
for reissuance shall include a written request for reissuance of the
permit and a description of any circumstances that have changed since
the current permit was issued or last modified, as well as any additional
information requested by the city.
J.Â
Permit transfer. Wastewater discharge permits may
be transferred to a new owner or operator only if the permittee gives
at least 30 days' advance notice to the Superintendent and the Superintendent
approves the wastewater discharger permit transfer.
A.Â
Compliance date reports. Within 90 days following
the date for final compliance with applicable categorical pretreatment
standards or in the case of a new source following commencement of
the introduction of wastewater into the POTW, any industrial user
subject to pretreatment standards and requirements shall submit to
the control authority a report containing the information described
in Paragraphs (b)(4)-(6) of Section 40 CFR 403.12. For industrial
users subject to equivalent mass or concentration limits established
by the control authority in accordance with the procedures in 40 CFR
403.6(c), this report shall contain a reasonable measure of the user's
long-term production rate. For all other industrial users subject
to categorical pretreatment standards expressed in terms of allowable
pollutant discharge per unit of production (or other measure of operation),
this report shall include the user's actual production during the
appropriate sampling period.
B.Â
Certification. A statement, reviewed by an authorized
representative of the industrial user and certified to by a qualified
professional, indicating whether pretreatment standards are being
met on a consistent basis, and, if not, whether additional operation
and maintenance and/or additional pretreatment is required for the
industrial user to meet the pretreatment standards and requirements.
C.Â
Reports. All wastewater discharge permit applications
and user reports must be signed by an authorized representative of
the user and contain the following certification statement:
I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system design 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.
|
D.Â
If an authorization is no longer accurate because
a different individual or position has responsibility for the overall
operation of the facility, or overall responsibility for environmental
matters for the company, a new authorization must be submitted to
the control authority prior to or together with any reports to be
signed by an authorized representative.
E.Â
Notice of change in discharge. All industrial users
shall promptly notify the POTW in advance of any substantial changes
in the volume or character of pollutants in their discharge, including
the listed or characteristic hazardous wastes for which the industrial
user has submitted initial notification under 40 CFR 403.12(p).
A.Â
The City shall require to be provided and operated,
at the user's own expense, monitoring facilities to allow inspection,
sampling and flow measurement of the building sewer and/or internal
drainage systems. The monitoring facility should normally be situated
on the user's premises, but the City may, when such a location would
be impractical or cause undue hardship on the user, allow the facility
to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
B.Â
There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
C.Â
Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided in accordance
with the city's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
90 days following written notification by the city.
The City may inspect the facilities of any user
to ascertain whether or not the purposes of this chapter are being
met and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the City or its representative ready access at all reasonable times
all parts of the premises for the purposes of inspection, sampling
or records examination or in the performance of any of his, her or
its duties. The city, the approval authority, the MDEQ and the EPA
may set upon the user's property such devices as are necessary to
conduct sampling, inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require property 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, the
city, the approval authority, the MDEQ or the EPA will be permitted
to enter, without delay, for the purposes of performing its specific
responsibilities.
A.Â
Users shall provide necessary wastewater treatment
as required to comply with this chapter and shall achieve compliance
with all federal categorical pretreatment standards within the time
limitations specified by the federal pretreatment regulations. Any
facilities required to pretreat wastewater to a level acceptable to
the City shall be provided, operated and maintained at the user's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the City for review and shall be
acceptable to the City before construction of the facility. The review
of such plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the City under this chapter.
Any subsequent changes in the pretreatment facilities or methods of
operation shall be reported to and be acceptable to the City prior
to the user's initiation of the changes.
B.Â
Industrial users must operate their treatment systems
at all times. Bypasses are allowed only if it does not cause a violation
of applicable categorical pretreatment standards or local limits and
it is for "essential maintenance." Bypasses are excused if the bypass
was unavoidable to prevent loss of life, personal injury or severe
property damage and there were no feasible alternatives. Prior notification
to the wastewater plant Superintendent shall be made if the industrial
user knows, in advance, of the need for a bypass. All bypasses require
oral notice to the wastewater plant within 24 hours and written notice
within five days.
C.Â
Existing sources which become industrial users subsequent
to promulgation of an applicable categorical standard shall be considered
existing industrial users except where such sources meet the definition
of a new source as defined in § 115-2. New sources shall
install and have in operating condition, and shall "start up" all
pollution control equipment required to meet applicable pretreatment
standards before beginning to discharge. Within the shortest feasible
time (not to exceed 90 days), new sources must meet all applicable
pretreatment standards.
D.Â
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or the approval
authority upon request.
A.Â
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and inspections 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 of the user.
B.Â
When requested by the person furnishing a report,
the portions of a report which might 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 program. However, such portions of a report
shall be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
C.Â
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.
A.Â
The City may suspend the wastewater treatment service
and/or a wastewater discharge permit when such suspension is necessary,
in the opinion of the city, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or the environment,
which causes interference to the POTW or which causes the City to
violate any condition of its NPDES permit.
B.Â
Any person notified of a suspension of the wastewater
treatment service and/or the wastewater discharge permit shall immediately
stop or eliminate the contribution. If the person fails to comply
voluntarily with the suspension order, the City shall take steps as
deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW system or endangerment to
any individual. The City shall reinstate the wastewater discharge
permit and/or the wastewater treatment service if, in its judgment,
the noncomplying discharge has been eliminated. A detailed written
statement submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence
shall be submitted to the City within 15 days of the date of the occurrence.
A.Â
The Superintendent may revoke a wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
(1)Â
Failure to notify the Superintendent of significant
changes to the wastewater prior to the changed discharge;
(2)Â
Failure to provide prior notification to the Superintendent
of changed conditions pursuant to § 115-13F of this chapter;
(3)Â
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application;
(4)Â
Falsifying self-monitoring reports;
(5)Â
Tampering with monitoring equipment;
(6)Â
Refusing to allow the Superintendent timely access
to the facility premises and records;
(7)Â
Failure to meet effluent limitations;
(8)Â
Failure to pay fines;
(9)Â
Failure to pay sewer charges;
(10)Â
Failure to meet compliance schedules;
(11)Â
Failure to complete a wastewater survey or the
wastewater discharge permit application;
(12)Â
Failure to provide advance notice of the transfer
of business ownership of a permitted facility; or
(13)Â
Violation of any pretreatment standard or requirement,
or any terms of the wastewater discharge permit or this chapter.
B.Â
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
A.Â
Notices of violation.
(1)Â
Whenever the City finds that any user has violated
or is violating any of the provisions of this chapter, or a wastewater
discharge permit or order issued hereunder, or any other prohibition,
limitation or requirement contained in this chapter, the City may
serve upon such person a written notice of violation. Within 15 days
of the date of the notice or within such later time as the City may
designate as appropriate in the notice, a plan for the satisfactory
correction thereof shall be submitted to the City by the user unless
there is an immediate threat to health, property or environmental
quality which is treated as an emergency. Immediate response is required
in such case, and the City may require the user to halt the discharge
or chose to terminate service.
(2)Â
Submission of a plan in no way relieves the user of
liability for any violation occurring before or after receipt of the
notice of violation. Nothing in this section shall limit the authority
of the Superintendent to take action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
B.Â
Consent orders. The city, at its discretion, may enter
into a consent order to establish an agreement with any user responsible
for any noncompliance or violation. Such consent order shall include
specific action to be taken by the user to correct the noncompliance
or violation within a specified time period, and may include stipulated
penalties to insure compliance with the requirements of such consent
order.
A.Â
The City may order any user who causes or allows an
unauthorized discharge to enter the POTW to show cause before the
City Council why the proposed enforcement action should not be taken.
A notice shall be served on the user specifying the time and place
of a hearing to be held by Council regarding the violation, the reasons
why the action is to be taken and the proposed enforcement action,
and directing the user to show cause before Council why the proposed
enforcement action should not be taken. The notice of the hearing
shall be served personally or by registered or certified mail (return
receipt requested) at least 10 days before the hearing. Service may
be made on any agent or officer of a corporation.
B.Â
Council may conduct the hearing and take the evidence
or may designate any of its members or any officer or employee of
the assigned department to:
(1)Â
Issue, in the name of Council, notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
(2)Â
Take the evidence; and
(3)Â
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to Council
for action thereon.
C.Â
At any hearing held pursuant to this chapter, testimony
taken must be under oath and recorded stenographically. The transcript,
so recorded, will be made available to any member of the public or
to any party to the hearing upon payment of the usual charges therefor.
D.Â
After Council has reviewed the evidence, it may:
(1)Â
Take into consideration information that, if it can
be proven, the user did not violate any provision of this chapter
or a permit issued under this chapter, or did not know or have reason
to know, that its discharge, violated any provision of this chapter
or a permit issued under this chapter;
(3)Â
Instruct the Superintendent to seek civil fines and
relief or prosecute the user for violation of this chapter; and/or
(4)Â
If the violation is flagrant enough to endanger the
health, safety and welfare of the inhabitants or residents to the
city, issue an order to the user responsible for the discharge directing
that, following a specified time period, if any, the sewer service
will be discontinued unless adequate treatment facilities, devices
or other related appurtenances have been installed on existing treatment
facilities, directives as are necessary and appropriate may be issued.
A.Â
The City shall provide annual public notification
in the largest daily newspaper covering the municipality, a list of
the users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
B.Â
Such annual publication shall be made in the first
publication of the newspaper in December of each year.
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 within 15 business days of the date of the request. 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 not stay
such enforcement proceedings. Appeal of any final judicial order entered
pursuant to this chapter may be taken in accordance with local and
state law.
Any user that experiences an upset in operations,
which upset places the user in a temporary state of noncompliance
with this chapter, shall inform the City thereof within 24 hours of
first awareness of the commencement of the upset. Where such information
is given orally, a written follow-up report thereof shall be filed
by the user with the City within five days. The report shall specify:
A.Â
A description of the upset, the cause thereof and
the upset's impact on a user's compliance status;
B.Â
The duration of noncompliance, including exact dates
and times of noncompliance, and if the noncompliance continues, the
time by which compliance is reasonably expected to occur; and
C.Â
All steps taken or to be taken to reduce, eliminate
and prevent a recurrence of such an upset or other conditions of noncompliance.
The City and each industrial user shall make
and retain records of industrial discharge data pursuant to 40 CFR,
Section 403.12. Such records must be maintained for three years. Any
records relating to unresolved litigation must be maintained during
the period of litigation and for three years following resolution
of the litigation.
A.Â
No user shall violate an order of Council or fail
to comply with any of the provisions of this chapter or any order,
rule, regulation or permit issued under this chapter.
B.Â
No person shall knowingly make any false statement
or representation about the pretreatment of the discharge or the discharge
itself or make any false statement or representation or certification
in any application, record, report, plan or other document filed or
required to be maintained pursuant to this chapter or the wastewater
discharge permit. No person shall knowingly falsify, tamper with or
render inaccurate any monitoring device or method required by this
chapter.
C.Â
No person shall violate or fail to comply with any
of the provisions of this chapter.
A.Â
Municipal civil infractions.[1]
(1)Â
Violation as municipal civil infraction. Except as
provided by Subsection B of this section, a person who violates any
provision of this chapter (including, but not limited to, any notice,
order, permit, decision or determination promulgated under this chapter)
is responsible for a municipal civil infraction, subject to payment
of a civil fine of not less than $1,000 per day for each infraction
and not more than $10,000 per day for each infraction, plus costs
and other sanctions.
(2)Â
Repeat offenses; increased fines. Increased fines
may be imposed for repeat offenses. As used in this section, "repeat
offense" means a second (or any subsequent) municipal civil infraction
violation of the same requirement or provision of this chapter committed
by a person within any ninety-day period and for which the person
admits responsibility or is determined to be responsible. The increased
fine for a repeat offense under this chapter shall be as follows:
(3)Â
Amount of fines.
(a)Â
Municipal civil infraction citations. Subject
to the minimum fine amounts specified in Subsection A(1) and (2),
the following factors shall be considered by the court in determining
the amount of a municipal civil infraction fine following the issuance
of a municipal civil infraction citation for a violation of this chapter:
the type, nature, severity, frequency, duration, preventability, potential
and actual effect, and economic benefit to the violator (such as delayed
or avoided costs or competitive advantage) of a violation; the violator's
recalcitrance or efforts to comply; the economic impacts of the fine
on the violator; and such other matters as justice may require. A
violator shall bear the burden of demonstrating the presence and degree
of any mitigating factors to be considered in determining the amount
of a fine. However, mitigating factors shall not be considered unless
it is determined that the violator has made all good faith efforts
to correct and terminate all violations.
(b)Â
Municipal civil infraction notices; schedule
of fines.
(4)Â
Authorized City official. The Superintendent (and
any representative designated by the Superintendent) is hereby designated
as the authorized City official to issue municipal civil infraction
citations and municipal civil infraction violation notices for violations
of this chapter.
B.Â
Criminal penalties; imprisonment. Any person who at
the time of a violation knew that a pollutant or substance was discharged
contrary to any provision of this chapter, or contrary to any notice,
order, permit, decision or determination promulgated, issued or made
under this chapter and knowingly failed to report or take appropriate
action required under this chapter; or intentionally makes a false
statement, representation, or certification in an application for,
or form pertaining, to a permit, or in a notice, report, or record
required by this chapter, or in any other correspondence or communication,
written or oral, with the City regarding matters regulated by this
chapter; or intentionally falsifies, tampers with, or renders inaccurate
any sampling or monitoring device or record required to be maintained
by this chapter; or commits any other act that is punishable under
state law by imprisonment for more than 90 days shall, upon conviction,
be guilty of a misdemeanor punishable by a fine of $500 per violation,
per day, or imprisonment for up to 90 days, or both in the discretion
of the court.
C.Â
Continuing violation. Each act of violation, and each
day or portion of a day that a violation of this chapter, or of any
permit or order issued or entered into under this chapter constitutes
a separate offense and shall be, in itself, subject to separate penalties
or sanctions as a separate offense.
D.Â
Injunction. In addition to any remedies available
at law, the City may bring an action for an injunction or other process
against a person to restrain, prevent or abate any violation of this
chapter of the Code of the City of Rockwood.