All persons discharging industrial process wastes into public
or private sewers connected to the City's wastewater facilities shall
comply with applicable requirements of local, state and federal industrial
pretreatment regulations and pretreatment standards for new and existing
sources set out in 40 CFR Chapter I, Subchapter N, Parts 403 to 471
(as amended).
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 §
121-13C(3) to implement discharge limits and requirements of Article
I, §
121-5. 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. Additionally, flow rate and production rate may be required. These records shall remain available for a period of at least five 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 City's authorized agent.
Industrial users shall immediately notify the Superintendent
of the Wastewater Treatment Plant of any slug or process waste discharged
by such user to the City's system. A written report shall be sent
by the user to the Community Services Director, or designee, within
five days of the incident describing reason for the slug or spill,
remedial action taken, and steps taken to prevent its reoccurrence,
all complete and concise.
A. Any damage experienced by the City as the result of a spill or slug
is considered a violation of this article and costs for repair, replacement
or other associated costs shall be recoverable.
B. The Community Services Director, or designee, shall evaluate, at
least once every two years, whether each significant industrial user
needs a plan to control slug discharges. For purposes of this subsection,
a "slug discharge" is any discharge of a nonroutine, episodic nature,
including but not limited to an accidental spill or noncustomary batch
discharge. The results of such activities shall be available to the
Community Services Director, or designee, upon request. If the POTW
decides that a slug control plan is needed, the plan shall contain,
at a minimum, the following elements:
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(1) Description of discharge practices, including nonroutine batch discharges.
(2) Description of stored chemicals.
(3) Procedures for immediately notifying the POTW 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.
(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 necessary for emergency response.
The Community Services Director, or designee, may, after formal
notice to the industry discharging wastewater to the public sewer,
immediately halt or prevent any such discharge reasonably appearing
to present an imminent endangerment to the health and welfare of persons,
or any discharge presenting, or which may present, an endangerment
to the environment, or which threatens to interfere with operation
of the public sewer or wastewater treatment facilities. Actions which
may be taken by the City include ex parte temporary judicial injunctive
relief, entry on private property to halt such discharge, blockage
of a public sewer to halt such discharge, or demand of specific action
by the industry.
The City shall, as necessary, sample and analyze the wastewater
discharges of contributing industries and conduct surveillance and
inspection activities to identify, independently of information supplied
by such industries, occasional and continuing noncompliance with industrial
pretreatment standards. Additionally, the City will sample the effluent
from each significant industrial user and inspect it at least annually.
Each industry will be billed directly for costs incurred for analysis
of its wastewater. All industries discharging to the City system shall
allow unrestricted access by City, Division, and EPA personnel for
the purposes of investigating and sampling discharges from the industries.
The City shall investigate instances of noncompliance with industrial
pretreatment standards and requirements.
Information and data submitted to the City under its industrial
pretreatment program and this article relating to process and/or wastewater
discharge characteristics shall be available to the public in accordance
with those conditions as set forth in 40 CFR 403.14.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The City shall comply with the public participation requirements of 40 CFR Part 25 in the enforcement of national pretreatment standards. The Community Services Director, or designee, shall publish annually, in newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user) that violate Subsection C, D or H of the definition of "significant noncompliance" in Article
I, §
121-1.