[R.O. 2012 §705.460; CC 1979 §26-40; Ord. No. A-4561 §1, 8-9-1984; Ord. No. 8321, 10-20-2014]
A. 
Any waters or wastes having:
1. 
A five-day biochemical oxygen demand greater than three hundred (300) parts per million by weight;
2. 
Containing more than three hundred fifty (350) parts per million by weight of suspended solids; or
3. 
Having an average daily flow greater than two percent (2%) of the average sewage normal methods of waste treatment, such as, but not limited to, metals and chemicals in excess of those limitations of the Federal categorical pretreatment standards, shall be subject to review by the Superintendent. Where necessary, in the opinion of the Superintendent, the owner and/or user shall provide, at his/her expense, such preliminary treatment as may be necessary to meet all discharge requirements in the times specified.
[R.O. 2012 §705.470; CC 1979 §26-41; Ord. No. A-4561 §2, 8-9-1984; Ord. No. 8321, 10-20-2014]
In lieu of introducing untreated or partially treated industrial wastes and polluted waters into the sewers of the City, the owner and/or user of the premises producing such wastes shall construct and operate, at his/her expense private waste treatment facilities. The design and operation of such facilities shall continuously produce an effluent which will not create a public nuisance and shall meet all the requirements of the State Department of Natural Resources, the Federal Environmental Protection Agency and all City ordinances at all times. This shall include compliance with all Federal categorical pretreatment standards within the time limitations as specified by the Federal Pretreatment Regulations as published, or as shall be published in the Federal Registers. Construction drawings, specifications and other pertinent information relating to such proposed treatment facilities shall be prepared by the owner and/or user at his/her expense and shall be submitted to the Superintendent and the State Department of Natural Resources, and no construction of such facilities shall commence until such approvals are obtained in writing. Construction shall be in accordance with such approved plans. The review of such plans and operating procedures will in no way relieve the owner and/or user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City. Where such private waste treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner and/or user at his/her expense.
[R.O. 2012 §705.480; CC 1979 §26-42; Ord. No. A-4561 §3, 8-9-1984; Ord. No. 8321, 10-20-2014]
When required by the Superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole or acceptable sampling device in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manholes or sampling device, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole or sampling device shall be located on the City side of all pretreatment facilities if pretreatment is needed.
[R.O. 2012 §705.490; CC 1979 §26-43; Ord. No. A-4561 §4, 8-9-1984; Ord. No. A-5734 §IV, 6-18-1993; Ord. No. 8321, 10-20-2014]
A. 
Compliance Date Report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report as required by 40 CFR 403.12(d), indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements.
B. 
Periodic Compliance Report.
1. 
Unless required more frequently in a wastewater discharge permit issued by the City, all significant industrial users (SIUs) shall submit to the Superintendent during the months of June and December a periodic compliance report. The report shall contain the results of sampling and analysis of the discharge, including the flow rate and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user. The frequency of sampling and analysis shall be as prescribed in Subsection (B)(3) below. The reporting frequency for any industry may be altered by the Superintendent upon consideration of such factors as actual flow rates and pollutant concentrations, seasonal production schedules, etc.
2. 
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or in other cases where the imposition of mass limitations is appropriate. In such cases, the semiannual self-monitoring report shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
3. 
All significant industrial users (SIUs) shall sample and analyze their wastewater discharge at the frequency stipulated in their wastewater discharge permit. Monitoring shall consist of sampling the discharge and determining the nature and concentration of pollutants contained therein which are limited by the applicable pretreatment standard. Upon promulgation of a national categorical pretreatment standard for a particular industrial category containing more stringent monitoring requirements, the requirements of this Section shall immediately be superseded. The Superintendent shall notify all affected users of the more stringent requirements.
4. 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
5. 
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
a. 
Except as indicated in Subsection (B)(5)(b) and (c) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
b. 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
c. 
For sampling required in support of baseline monitoring and ninety-day compliance reports required in 40 CFR 403.12(b) and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by Section 705.490(B) [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
6. 
All analyses shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutants in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutants in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the Superintendent or other parties, approved by the Administrator.
7. 
Periodic compliance reports shall contain the results of all sampling and analysis performed by the user during the period covered by the report. If sampling and analysis performed by the user indicates a violation of permit limitations, the user shall notify the POTW within twenty-four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit both analyses to the Superintendent within thirty (30) consecutive calendar days after becoming aware of the violation. Resampling by the industrial user is not required if the City performs sampling at the user's facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the industrial user.
8. 
The periodic compliance reports shall be based upon data obtained through appropriate sampling and analysis as described in Subsection (B)(4) and (5) above, performed during the period covered by the report, which data is representative of conditions occurring during the reporting periods.
9. 
The periodic compliance report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment standards or requirements.
C. 
Accidental Discharge Reports. In the case of an accidental discharge, or any slug loading, it is the responsibility of the user to immediately telephone and notify the POTW of the incident, The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
1. 
Written notice. Within five (5) 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 person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Chapter or other applicable law.
2. 
Notice to employees. 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 a dangerous discharge to occur are advised of the emergency notification procedure.
D. 
Certification Statements. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 705.510(B) and (C); users submitting baseline monitoring reports under Section 705.510(B); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 705.490, and users submitting periodic compliance reports required by Section 705.490(B). The following certification statement must be signed by an authorized representative as defined in Section 705.010:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
E. 
Reports Of Changed Conditions. Each user must notify the Superintendent of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least seven (7) days before the change.
1. 
The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 705.510(B) of this Article.
2. 
The Superintendent may issue an individual wastewater discharge permit under Section 705.510(C) of this Article or modify an existing wastewater discharge permit under Section 705.510(F) of this Article in response to changed conditions or anticipated changed conditions.
F. 
All industrial users shall notify, in writing, the POTW, the State and the United States Environmental Protection Agency of any discharge which would be considered a hazardous waste, if disposed of in a different manner.
G. 
Recordkeeping Requirements. Users subject to the reporting requirements of this Article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 705.406(C). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Superintendent.
[R.O. 2012 §705.500; CC 1979 §26-44; Ord. No. A-4561 §5, 8-9-1984; Ord. No. 8321, 10-20-2014]
The provisions of this Article shall be considered a part of all permits issued between the applicant or owner and/or user and the City.
[R.O. 2012 §705.510; CC 1979 §26-45; Ord. No. A-4561 §§6 — 7, 8-9-1984; Ord. No. A-5734 §IV, 6-18-1993; Ord. No. 8321, 10-20-2014]
A. 
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 obtain a wastewater contribution permit within one hundred eighty (180) days after June 15, 1993.
B. 
Users required to obtain 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 of one hundred dollars ($100.00). Within one hundred eighty (180) days after June 18, 1993, or within one hundred eighty (180) days after a final administrative decision has been made upon a category determination submission under 40 CFR 403.6(a) (4), whichever is later, existing significant users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall apply for a wastewater discharge permit. In addition, the user shall be required to submit a baseline monitoring report which contains the information listed in the following Subsection (B)(1) through (14). Where reports containing this information already have been submitted to the Superintendent, the user may not be required to submit this information again. At least ninety (90) days prior to commencement of a discharge, new sources, or sources that become significant industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall be required to submit with an application for wastewater discharge permit, a report which lists the information in Subsection (B)(1) through (8) and (B)(11) through (14). New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in Subsection (B)(3), (4), (5), (8), (11), (12), and (13).
1. 
Name, address, and location (if different from the address).
2. 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended.
3. 
Wastewater constituents and characteristics, including but not limited to, those mentioned in this Chapter 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.
4. 
Time and duration of contributions.
5. 
Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
6. 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
7. 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
8. 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State or Federal pretreatment standards;
9. 
A statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
10. 
If additional pretreatment and/or O&M 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:
a. 
The schedule shall contain increment 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 contract for major components, commencing construction, etc.)
b. 
No increment referred to in Subsection (B)(10)(a) above shall exceed nine (9) months.
c. 
Not later than fourteen (14) days following each date 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 this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Superintendent.
11. 
Each product produced by type, amount, process or processes and rate of production.
12. 
Type and amount of raw materials processed (average and maximum per day).
13. 
Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
14. 
Any other information as may be deemed by the City to be necessary to evaluate the permit application.
The City will evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a wastewater contribution permit subject to terms and conditions provided herein.
C. 
Within nine (9) months of the promulgation of a national categorical standard, the wastewater discharge permit of users subject to such standards shall be reviewed to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by Subsection (B) hereof, the user shall apply for a wastewater discharge permit within one hundred eighty (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 one hundred eighty (180) days after the promulgation of an applicable national categorical pretreatment standard information required by Subsection (B)(8), (9), and (10), above.
D. 
Permit 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 will contain the following:
1. 
Applicable Federal, State and local effluent limits, including best management practices, based on applicable pretreatment standards.
2. 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
3. 
Requirements for installation and maintenance of inspection and sampling facilities, including flow measurement devices.
4. 
Specifications for monitoring programs which may include sampling, frequency of sampling, number, types and standards for tests and reporting schedule.
5. 
Compliance schedules.
6. 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
7. 
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 treatment system, including hazardous wastes.
8. 
Requirements to control slug discharge, if determined by the Superintendent to be necessary.
9. 
Other conditions as deemed appropriate by the City to ensure compliance with this Article.
E. 
Permit Duration. Permits shall be issued for five (5) years. The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or the just cause exists. The user shall be informed of any proposed changes in his/her permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. 
Permit Modification. The Superintendent may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. 
To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;
2. 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
3. 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. 
Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters;
5. 
Violation of any terms or conditions of the individual wastewater discharge permit;
6. 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
7. 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
8. 
To correct typographical or other errors in the individual wastewater discharge permit; or
9. 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 705.510(G).
G. 
Permit Transfer.
1. 
Individual wastewater discharge permit transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the Superintendent and the Superintendent approves the individual wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:
a. 
States that the new owner and/or operator have no immediate intent to change the facility's operations and processes;
b. 
Identifies the specific date on which the transfer is to occur; and
c. 
Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
2. 
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
H. 
Suspension Of Permit. The City may suspend the wastewater treatment service and/or wastewater contribution 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, to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES permit.
1. 
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution.
2. 
In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals.
3. 
The City shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge.
4. 
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 fifteen (15) days of the date of occurrence.
I. 
Revocation Of Permit.
1. 
The Superintendent may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:
a. 
Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;
b. 
Failure to provide prior notification to the Superintendent of changed conditions pursuant to Section 705.490(E) of this Article;
c. 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
d. 
Falsifying self-monitoring reports and certification statements;
e. 
Tampering with monitoring equipment;
f. 
Refusing to allow the Superintendent timely access to the facility premises and records;
g. 
Failure to meet effluent limitations;
h. 
Failure to pay fines;
i. 
Failure to pay sewer charges;
j. 
Failure to meet compliance schedules;
k. 
Failure to complete a wastewater survey or the wastewater discharge permit application;
l. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
m. 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Chapter.
2. 
Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.
[R.O. 2012 §705.520; CC 1979 §26-47; Ord. No. A-4561 §9, 8-9-1984; Ord. No. A-5734 §VI, 6-18-1993; Ord. No. 8321, 10-20-2014]
A. 
Any information or data submitted by a user pursuant to this Chapter may be claimed as confidential by the submitter. Such a claim must be asserted at the time of submission by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the City may make the information public without further notice. If a claim is asserted, the information will be treated in accordance with 40 CFR Part 2 (Public Information).
1. 
Effluent data submitted to the City pursuant to this Chapter shall be available to the public without reservation.
2. 
All other information which is submitted to the State or City shall be available to the public at least to the extent provided by 40 CFR 2.302.
3. 
All information and data obtained by the City from industrial user reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to governmental agencies upon request.
[R.O. 2012 §705.530; CC 1979 §26-48; Ord. No. A-4561 §10, 8-9-1984; Ord. No. A-5734 §III, 6-18-1993; Ord. No. 8321, 10-20-2014]
National categorical pretreatment standards, located in 40 CFR Chapter I, Subchapter N, Parts 405 — 471, are hereby incorporated into this Chapter. The national categorical pretreatment standards, if more stringent than limitations imposed in this Chapter for sources in that subcategory, shall immediately supersede the limitations imposed in this Chapter. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
[R.O. 2012 §705.540; Ord. No. A-5734 §III, 6-18-1993; Ord. No. 8321, 10-20-2014]
No user shall ever 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 national categorical pretreatment standards or in any other pollutant-specific limitation developed by the City or State. The Superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
[R.O. 2012 §705.550; CC 1979 §26-49; Ord. No. A-4561 §11, 8-9-1984; Ord. No. 8321, 10-20-2014]
State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those of the City's ordinances.
[R.O. 2012 §705.560; CC 1979 §26-50; Ord. No. A-4561 §12, 8-9-1984; Ord. No. A-5734 §V, 6-18-1993; Ord. No. 8321, 10-20-2014]
A. 
Notice Of Violation. Whenever the Superintendent finds that any industrial user has violated or is violating this Chapter, a wastewater discharge permit or order issued hereunder, the Superintendent or his/her agent may serve upon said user written notice of the violation. Within ten (10) days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
B. 
Consent Orders. The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the non-compliance. Such orders will include specific action to be taken by the industrial user to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to Subsection (D) hereof.
C. 
Show Cause Hearing. The Superintendent may order any industrial user which causes or contributes to violation of this Chapter or wastewater discharge permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.
D. 
Administrative Order. When the Superintendent finds that an industrial user has violated or continues to violate the Chapter or a wastewater discharge permit or order issued thereunder, he/she may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
E. 
Emergency Suspensions.
1. 
The Superintendent may suspend the wastewater treatment service and/or wastewater permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.
2. 
Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance or plugging of the sewer connection or termination of water service to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in Section 705.550 are initiated against the user.
3. 
An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the cause of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent prior to the date of the hearing described in Subsection (E)(2) above.
[R.O. 2012 §705.570; CC 1979 §26-51; Ord. No. A-4561 §13, 8-9-1984; Ord. No. A-5734 §IV, 6-18-1993; Ord. No. 8321, 10-20-2014]
A. 
Any owner and/or user who violates the following conditions of this Article, or applicable State and Federal regulations, is subject to having his/her permit revoked in accordance with the procedures of this Article:
1. 
Failure of the owner and/or user to factually report the wastewater constituents and characteristics of his/her discharge.
2. 
Failure of the owner and/or user to report significant changes in operations, or wastewater constituents and characteristics.
3. 
Refusal of reasonable access to the premises of the owner and/or user for the purpose of inspection or monitoring.
4. 
Violations of conditions of the permit.
5. 
Refusal to retain records for a minimum of three (3) years.
6. 
Failure of the user to provide prior notification of a new or substantially changed discharge.
[R.O. 2012 §705.580; CC 1979 §26-52; Ord. No. A-4561 §§14 — 17, 8-9-1984; Ord. No. A-5734 §V, 6-18-1993; Ord. No. 8321, 10-20-2014]
Whenever an industrial user has violated or continues to violate the provisions of this Chapter, wastewater discharge permit or order issued hereunder, the Superintendent through counsel may petition the Circuit Court of Barry County for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The Superintendent shall have such remedies to collect these fees as it has to collect other sewer service charges.
[R.O. 2012 §705.590; CC 1979 §26-53; Ord. No. A-4561 §18, 8-9-1984; Ord. No. A-5957 §1, 7-18-1994; Ord. No. 8321, 10-20-2014]
Any person violating any of the provisions of this Article shall become civilly liable to the City for any expense, loss or damage occasioned the City by reason of such violation. The owner and/or user may be fined not more than one thousand dollars ($1,000.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court recorder's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Article or the orders, rules, regulations and permits issued hereunder.
[R.O. 2012 §705.600; CC 1979 §26-54; Ord. No. A-4561 §19, 8-9-1984; Ord. No. 8321, 10-20-2014]
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article or the wastewater contribution permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article, shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by confinement for not more than ninety (90) days, or by both.
[R.O. 2012 §705.610; CC 1979 §26-55; Ord. No. A-4561 §22, 8-9-1984; Ord. No. A-5734 §VI, 6-18-1993; Ord. No. 8321, 10-20-2014]
A. 
The Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The term "significant non-compliance" shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs (C), (D) or (H) of this Section) and shall mean:
1. 
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Sections 705.400, 705.402, 705.404, and 705.408.
2. 
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by Sections 705.400, 705.402, 705.404, and 705.408 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
3. 
Any other violation of a pretreatment standard or requirement as defined by Sections 705.400, 705.402, 705.404, and 705.408 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
4. 
Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;
5. 
Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
6. 
Failure to provide, within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
7. 
Failure to accurately report non-compliance; or
8. 
Any other violation(s), which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.