City of Rockwood, MI INDUSTRIAL PRETREATMENT REGULATIONS

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;

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;

Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

Provide for equitable distribution of the cost of the municipal wastewater system; and

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

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.

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.

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.

§ 115-2 Definitions.

As used in this chapter, unless the context specifically indicates otherwise, the following terms shall have the meanings indicated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. § 1251 et seq., as amended).

APPROVAL AUTHORITY

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.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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)].

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

BYPASS

The intentional diversion of waste streams from any portion of an industrial user's treatment facility.

CATEGORICAL STANDARDS

National categorical pretreatment standards or pretreatment standards.

CITY

The City of Rockwood or City Council.

CONTROL AUTHORITY

The city-owned treatment work if it has an approved program, or the approval authority until the publicly owned treatment works program is approved.

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the state.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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.

GRAB SAMPLE

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.

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

INDIRECT DISCHARGE

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).

INDUSTRIAL USER

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).

INTERFERENCE

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.

MDEQ

The Michigan Department of Environmental Quality or its successor department or Agency.

MNREPA

The Michigan Natural Resources and Environmental Protection Act, MCLA 324.101 et seq., as amended.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

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.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under authority of Section 307(b) of the Act and 40 CFR, Section 403.5.

NEW SOURCE

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

PRETREATMENT or TREATMENT

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

PASS THROUGH

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).

PERSON

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.

POLLUTANT

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.

POLLUTION

Man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW

A publicly owned treatment works as defined below.

POTW TREATMENT PLANT

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).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PUBLICLY OWNED TREATMENT WORKS (POTW)

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.

SIGNIFICANT INDUSTRIAL USER

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).

SIGNIFICANT NONCOMPLIANCE

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.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

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.

(6)

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.

(7)

Failure to accurately report noncompliance.

(8)

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.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS

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.

SUPERINTENDENT

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.

TOXIC POLLUTANT

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.

UPSET

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.

USER

Any person who contributes, or causes or permits the contribution of, wastewater into the city's POTW.

WASTEWATER

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.

WASTEWATER DISCHARGE PERMIT

Has the meaning set forth in § 115-12.

WATERS OF THE STATE

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.

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.

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

§ 115-3 Discharge prohibitions.

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.

In addition to the general discharge prohibition set forth in Subsection A above, a user may not contribute the following substances to any POTW:

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.

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]

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.

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.

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)

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)

Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(8)

Any wastewater 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 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)

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)

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)

Any substance which causes a hazard to human life or creates a public nuisance.

(13)

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)

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.

When the Superintendent determines that a user is contributing to the POTW any of the substances enumerated in Subsections A or B hereof in such amounts as to interfere with the operation of the POTW, the Superintendent shall:

Advise the user either verbally or in writing of the impact of the contributing substances on the POTW within five days of making the determination; and

Where feasible, develop effluent limitations for such user to correct the interference with the POTW.

§ 115-4 Federal categorical pretreatment standards.

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.

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.

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.

§ 115-5 Specific discharge limits.

[Amended 5-15-2002 by Ord. No. 406]

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.

The local discharge limitation for mercury is established at the level of detection (LOD) in accordance with the following:

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.

The evaluation of potential matrix interference(s) shall include, at a minimum, the following:

A demonstration that the laboratory conducting the analysis is capable of achieving the LOD of 0.2 ug/L in reagent water;

A demonstration that the LOD of 0.2 ug/L cannot be achieved in the effluent; and

A demonstration that an attempt has been made to resolve the matrix interference(s).

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.

§ 115-6 Application of state requirements.

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.

§ 115-7 Rights of City to establish more stringent requirements.

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.

§ 115-8 Dilution of discharge prohibited; additional pretreatment measures.

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.

Additional pretreatment measures.

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.

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.

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.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

§ 115-9 Accidental discharges.

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.

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.

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.

§ 115-10 Spill prevention program.

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.

§ 115-11 Fees.

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.

The city's fee schedule stall include:

There shall be a fee for each industrial sewer discharge permit application or permit renewal.

There shall be a fee for filing each appeal allowed under this chapter.

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.

Fees for specific pollutants allowed to be discharged up to permitted limits.

Other fees as the City may deem necessary to carry out the requirements contained in this chapter.

These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the city.

§ 115-12 Wastewater discharge permits.

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.

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.

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.

In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address and location (if different from the address);

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

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;

The time and duration of the contribution;

The average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

(f)

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)

A description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;

(h)

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)

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:

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]

No increment referred to in Subsection C(1)(i)[1] hereof shall exceed nine months.

[3]

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)

Each product produced by type, amount, process and rate of production;

(k)

The type and amount of raw materials processed (average and maximum per day);

(l)

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)

Any other information as may be deemed by the City to be necessary to evaluate the permit application.

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.

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.

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.

Permits shall contain the required terms listed below:

A statement of the duration of the permit, which shall not be more than five years.

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.

Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law.

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.

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.

Permits may also include, without limitation the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

Limits on the average and maximum wastewater constituents and characteristics;

Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization;

Requirements for the installation and maintenance of inspection and sampling facilities;

Compliance schedules and a statement explaining civil and criminal penalties in violation of pretreatment standards and requirements;

(f)

Requirements for submission of technical reports or discharge reports;

(g)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording the City access thereto;

(h)

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)

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:

Description of discharge practices, including nonroutine batch discharges;

[2]

Description of stored chemicals;

[3]

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]

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)

Other conditions as deemed appropriate by the City to ensure compliance with this chapter.

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.

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.

Permit modification.

The Superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local pretreatment standards of requirements;

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;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the city's POTW, personnel, or the receiving waters;

Violation of any terms or conditions of the wastewater discharge permit;

(f)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(g)

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(h)

To correct typographical or other errors in the wastewater discharge permit;

(i)

To reflect a transfer of the facility ownership or operation to a new owner or operator; or

(j)

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.

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.

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.

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.

The notice to the Superintendent must include a written certification by the new owner or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

§ 115-13 Reporting requirements.

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.

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.

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.

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.

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).

§ 115-14 Monitoring facilities.

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.

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.

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.

§ 115-15 Inspections and sampling.

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.

§ 115-16 Responsibility for provision of pretreatment facilities.

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.

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.

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.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or the approval authority upon request.

§ 115-17 Confidential information.

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.

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.

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.

§ 115-18 Suspension of service or permit; failure to comply with suspension order.

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.

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.

§ 115-19 Revocation of permits.

The Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 115-13F of this chapter;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

(6)

Refusing to allow the Superintendent timely access to the facility premises and records;

(7)

Failure to meet effluent limitations;

(8)

Failure to pay fines;

(9)

Failure to pay sewer charges;

(10)

Failure to meet compliance schedules;

(11)

Failure to complete a wastewater survey or the wastewater discharge permit application;

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(13)

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

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.

§ 115-20 Notice of violation; consent orders.

Notices of violation.

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.

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.

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.

§ 115-21 Hearings by City Council.

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.

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:

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;

Take the evidence; and

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to Council for action thereon.

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.

After Council has reviewed the evidence, it may:

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;

Instruct the Superintendent to enter into a consent order under § 115-20;

Instruct the Superintendent to seek civil fines and relief or prosecute the user for violation of this chapter; and/or

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.

§ 115-22 Annual publication of names and violations.

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.

Such annual publication shall be made in the first publication of the newspaper in December of each year.

§ 115-23 Written interpretations and rulings; appeals.

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.

§ 115-24 Operating upsets.

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 description of the upset, the cause thereof and the upset's impact on a user's compliance status;

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

All steps taken or to be taken to reduce, eliminate and prevent a recurrence of such an upset or other conditions of noncompliance.

§ 115-25 Retention of records.

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.

§ 115-26 Violations.

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.

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.

No person shall violate or fail to comply with any of the provisions of this chapter.

§ 115-27 Penalty; judicial enforcement remedies.

Municipal civil infractions.[1]

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.

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:

The fine for any offense that is a first repeat offense shall be not less than $2,500, plus costs.

The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000, plus costs.

Amount of fines.

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.

Municipal civil infraction notices; schedule of fines.

The amount of a municipal civil infraction fine due in response to the issuance of a municipal civil infraction notice for a violation under Subsection A shall be according to the following schedule:

[a]

First offense: $1,000.

[b]

First repeat offense: $2,500.

[c]

Second repeat offense (or any subsequent repeat offense): $5,000.

[2]

A copy of this schedule shall be posted at the office of the Clerk in City of Rockwood.

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.