[Code 1993, § 13.30(1)]
(a) 
Industrial users shall immediately notify the utility upon having a slug or accidental discharge of substances or wastewater in violation of this article in order to enable countermeasures to be taken by the utility to minimize damage to the POTW and the receiving waters. The notification shall include the damage to the POTW and receiving waters; location of the discharge; type of waste, concentration and volume; and corrective actions. The utility may choose to immediately take action pursuant to § 82-185.
(b) 
Within five days following an accidental discharge, the industrial user shall submit a detailed written report to the general manager, describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial 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 persons or property, nor shall such notification relieve the industrial user of any fine, civil penalty or other liability which may be imposed by this article or other applicable law. After receipt and review of the written report, the utility may choose to take no further action or to take action in accordance with §§ 82-183, 82-184 and/or 82-185.
[Code 1993, § 13.30(2)]
(a) 
Any industrial user who violates this article as follows, or applicable state and federal regulations, is subject to having its permit revoked in accordance with the procedures of this division:
(1) 
Failure of an industrial user to factually report the wastewater constituents and characteristics of its discharge;
(2) 
Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics;
(3) 
Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring;
(4) 
Violation of conditions of the permit; or
(5) 
Is found tampering, or to have tampered, with sampling or flow measurement equipment, samples and/or analyses being conducted by, or at the direction of, the utility.
(b) 
Upon finding a violation, the utility may also suspend the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. If a failure of the industrial user to comply voluntarily with the suspension order occurs, the utility shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individual. The utility shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
[Code 1993, § 13.30(3)]
Whenever the utility finds that any industrial user has violated, or is violating, this article, the wastewater discharge permit or any prohibition, limitation or requirement contained in this article, the utility may serve a written notice on such user, stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the utility by the industrial user. If the plan is satisfactory to the utility and the industrial user complies with the plan, the utility may not take further action against the industrial user. If the industrial user does not comply with the plan, the utility may take action in accordance with § 82-185.
[Code 1993, § 13.30(4)]
(a) 
Notice. The utility may order any industrial user who causes or allows an unauthorized discharge to enter the POTW to show cause before the board of standards why the proposed enforcement action should not be taken. A notice shall be served on the industrial user, specifying the time and place of a hearing to be held by the board of standards regarding the violation; the reasons why the action is to be taken; the proposed enforcement action; and directing the industrial user to show cause before the board of standards why the proposed enforcement action should not be taken. At least 10 days before the hearing, the notice of the hearing shall be served personally or by registered or certified mail, return receipt requested. The notice of the hearing may be served on any agent or officer of a corporation.
(b) 
Hearing officials. The board of standards may conduct the hearing and take evidence, or may designate any of its members or any officer or employee of the utility to:
(1) 
Issue, in the name of the board of standards, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the board of standards for action thereon.
(c) 
Transcripts. At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(d) 
Issuance of orders and directives. After the board of standards has reviewed the evidence, it shall make a recommendation to the utility. Further orders and directives, as are necessary and appropriate, may be issued by the utility. The utility may act on such recommendation by issuing an order to the industrial user on continued sewer service, as necessary and appropriate. If the user violates an order, the utility may take action in accordance with § 82-185.
[Code 1993, § 13.30(5)]
If any industrial user discharges sewage, industrial wastes or other wastes into the utility's POTW contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the utility, the utility's attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court. The utility may take further action pursuant to §§ 82-182 and 82-186.
[Code 1993, § 13.30(6)]
Any industrial user subject to this article shall, for no less than three years, retain and preserve any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by, or on behalf of, an industrial user in connection with its discharge. All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the city pursuant to this article shall be retained and preserved by the industrial user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
[Code 1993, § 13.30(7)]
(a) 
Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this division or a wastewater discharge permit issued pursuant to this division shall inform the utility within 24 hours of the first awareness of the commencement of the upset. The utility may choose to immediately take action pursuant to § 82-185. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the utility within five days. The report shall specify:
(1) 
A description of the upset, the cause thereof and the upset's impact on the discharger's compliance status.
(2) 
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.
(3) 
All steps taken, or to be taken, to reduce, eliminate and prevent recurrence of such an upset or other condition of noncompliance.
(b) 
A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the utility against a discharger for any noncompliance with this division or any wastewater discharge permit issued pursuant to this division which arises out of violations alleged to have occurred during the period of the upset. 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 persons or property; nor shall such notification relieve the user of any fine, civil penalty or other liability which may be imposed by this article or other applicable law. After receipt and review of the written report, the utility may choose to take no further action or take action in accordance with §§ 82-183, 82-184 and/or 82-185.
[Code 1993, § 13.30(8)]
A list of the users which, during the preceding 12 months, were significantly violating applicable pretreatment requirements or standards, shall be published annually in a local newspaper. The term "significant violation" means a violation which remains uncorrected for a period of 45 days after notification of noncompliance, a violation which includes a pattern of noncompliance over a twelve-month period or a violation which includes the failure of the user to accurately report noncompliance. The publication shall also summarize any enforcement action taken against the user during such twelve-month period.
[Code 1993, § 13.23(1)]
(a) 
Required. All existing significant users shall obtain a wastewater discharge permit as required by this section. All new significant users proposing to connect or contribute to the POTW shall obtain a wastewater discharge permit before connecting, or contributing, to the POTW. All significant users that have facilities in more than one geographic location will be issued separate wastewater discharge permits for each facility.
(b) 
Application.
(1) 
Users required to obtain a wastewater discharge permit shall complete and file an application with the utility, in the form prescribed by the utility, and accompanied by a permit fee as specified in § 82-252. Existing significant users shall submit a permit application for a wastewater discharge permit within 90 days after the effective date of the ordinance from which this article is derived, and proposed new significant users shall submit a permit application at least 90 days prior to connecting, or contributing, to the POTW. Existing nonsignificant users who plan to become significant users by changing their wastewater volume and/or characteristics shall submit a permit application at least 90 days before the proposed process wastewater is discharged to the sewerage system. A 180-day baseline report can be submitted for the permit application. Where actual data is not yet available, new users shall submit estimates for the required items. The permit application shall be signed by an authorized representative of the industrial user and certified by a qualified professional. In support of the application, the significant user shall submit the following information, in units and terms appropriate for evaluation:
a. 
Name, address and location, if different from the address.
b. 
SIC number in accordance with the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
c. 
Wastewater constituents and characteristics, including, but not limited to, the standards set forth in this article, as determined by a reliable analytical laboratory. Sampling and analysis, if required by categorical pretreatment standards, shall be performed in accordance with procedures established by the EPA pursuant to 304(h) of the act and contained in 40 CFR 136, as amended. In the case of new industrial users, this subsection shall apply to the projected wastes.
d. 
Times and duration of wastewater contributions.
e. 
Site plans showing all sewer connections and appurtenances to the municipal sanitary sewer system by size and location.
f. 
General description of activities, facilities and plant processes on the premises.
g. 
Nature and concentration of any pollutants in the discharge which are limited by any city, state or National Categorical Pretreatment Standards, 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 pretreatment is required for the significant user to meet applicable categorical pretreatment standards.
h. 
Shortest schedule by which the significant user will provide additional pretreatment, if additional pretreatment and/or operation and maintenance will be required to meet the categorical pretreatment standards. The completion date in the schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard. The following conditions shall apply to such schedule:
1. 
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 significant user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.). No increment shall exceed a period of nine months.
2. 
Not later than 14 days following each date in the schedule and the final date for compliance, the significant user shall submit a report to the general manager, if the significant user has not complied with the increment of progress to be made on such date; the date on which the significant user expects to comply with the increment of progress; the reason for delay; and the steps being taken by the significant user to return the construction to the schedule established.
i. 
Proposed or actual hours of operation of the pretreatment system.
j. 
Any other information, as may be requested by the utility, which may be necessary to evaluate the permit application.
(2) 
The utility will evaluate the data furnished by the significant user and may require additional information. After evaluation and acceptance of the data furnished, the utility may issue a wastewater discharge permit, subject to the terms and conditions provided in this section.
(c) 
Modifications. Within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, any significant user with an existing wastewater discharge permit shall submit to the general manager the information required by Subsection (b) of this section. Where a significant user, subject to National Categorical Pretreatment Standards, has not previously submitted an application for a wastewater discharge permit as required by Subsection (b) of this section, the significant user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standards.
(d) 
Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the utility. Permits may contain the following information:
(1) 
Requirements for installation and maintenance of inspection and sampling facilities.
(2) 
Requirements for installation and maintenance of pretreatment facilities.
(3) 
Requirements for notification to the utility 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.
(4) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the utility and affording the utility access thereto.
(5) 
Requirements for notification of slug discharges per § 82-181.
(6) 
Other conditions deemed appropriate by the utility to ensure compliance with this article.
(e) 
Duration; changes. Permits shall be issued for a period of four years. A significant user shall apply for permit reissuance a minimum of 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 utility during the term of the permit as limitations or requirements identified in Division 3 of this article are modified or as other just cause exists. A significant user shall be informed of any proposed change in its permit at least 30 days prior to the effective date of such change. Any change or new condition in the permit shall include a reasonable time schedule for compliance.
(f) 
Assignability and transferability. Wastewater discharge permits are issued to a specific significant user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new significant user.
(g) 
Appeal procedure. A user desiring to appeal to the utility commission regarding a wastewater discharge permit shall file a petition for appeal with the utility commission not more than 20 days after the user receives the wastewater discharge permit or modification thereof. If the user does not file a petition for appeal within such time, the wastewater discharge permit is final.
[Code 1993, § 13.23(2)]
(a) 
Compliance date report. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new significant user, following commencement of the introduction of wastewater into the POTW, any such user subject to categorical pretreatment standards and pretreatment requirements shall submit a report to the general manager, indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical pretreatment standards and requirements, and the average and maximum daily flow. The report shall state whether the applicable categorical pretreatment standards and requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance. The statement shall be signed by an authorized representative of the significant user.
(b) 
Periodic compliance reports.
(1) 
Any significant user subject to a pretreatment standard, after the compliance date of such categorical pretreatment standard, or, in the case of a new significant user, after commencement of the discharge into the POTW, shall submit a report to the general manager, during the months of June and December, unless required more frequently in the categorical pretreatment standard or by the general manager, indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. At the discretion of the general manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the general manager may agree to alter the months during which the report is to be submitted. In accordance with Wis. Admin. Code Ch. NR 101, reports can be used by such users to comply with part of the periodic compliance reports requirement.
(2) 
The general manager may impose mass limitations on significant users which are using dilution to meet applicable categorical pretreatment standards or pretreatment requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection (b)(1) of this section shall indicate the mass of pollutants regulated by categorical pretreatment standards in the effluent of the significant user. Such reports shall contain the results of sampling and concentration or production and mass where requested by the general manager of pollutants contained therein which are limited by the applicable categorical pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analyses shall be performed in accordance with procedures established in the Standard Methods for the Examination of Water and Wastewater, 15th edition, 1981, as amended, and/or established by the administrator pursuant to 304(h) of the act and contained in 40 CFR 136, as amended, or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. (Comment: Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication entitled, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator.)
[Code 1993, § 13.23(3)]
(a) 
The utility shall require monitoring facilities to be provided and operated, at the industrial user's own expense, in order 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 industrial user's premises, but the utility may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so as not to be obstructed by landscaping or parked vehicles.
(b) 
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 shall be maintained in a safe and proper operating condition at all times, at the expense of the industrial user.
(c) 
The sampling and monitoring facilities, whether conducted on public or private property, shall be provided in accordance with the utility's requirements and all applicable local construction standards and specifications. Construction of such facilities shall be completed within 90 days following written notification by the utility.
[Code 1993, § 13.23(4)]
The utility shall inspect the facilities of any industrial user to ascertain whether the purposes of this article are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the utility or their representative ready access, at all reasonable, times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The utility, DNR and EPA shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where an industrial user has security measures in force which would require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the utility, DNR and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
[Code 1993, § 13.23(5)]
(a) 
Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the utility shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the utility for review and shall be acceptable to the utility before construction of the new facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility, as necessary, to produce an effluent acceptable to the utility under the provisions of this article. Any subsequent change in the pretreatment facilities or method of operation shall be reported, and be acceptable, to the utility prior to the industrial user's initiation of the change.
(b) 
All records relating to compliance with categorical pretreatment standards shall be made available to officials of the EPA or approval authority, upon request.
[Code 1993, § 13.23(6)]
(a) 
Information and data on an industrial user, obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections, shall be available to the public and governmental agencies, without restriction, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the utility, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.
(b) 
When requested, in writing, by the person furnishing a report, 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 article, the Wisconsin Pollutant Discharge Elimination System (WPDES) permit, state disposal system permit and/or the pretreatment programs. Such trade secret or secret process information 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.
[Code 1993, § 13.23(7)]
Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the Racine POTW. Such sludges shall be contained, transported and disposed of by haulers in accordance with all federal, state and local regulations.