Except as otherwise provided in this article, the utilities operations manager/control authority or the environmental coordinator of the public works department under the authority and supervision of the city manager shall administer, implement, and enforce this division. Any powers granted to or duties imposed upon the utilities operations manager/control authority or the environmental coordinator of the public works department may be delegated by the utilities operations manager/control authority or the environmental coordinator of the public works department to other city personnel.
(1966 Code, sec. 32-121(b); 2001 Code, sec. 106-596; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
The control authority shall comply with the public participation requirements of 40 CFR 25 in the enforcement of national pretreatment standards. As a provision of such, the control authority shall make at least annual public notification, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of industrial users which, at any time in the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purpose of this section, a significant industrial user (or any industrial user which violates subsections (3), (4), (7) or (8) of this section) is in significant noncompliance if its violation meets one or more of the following criteria:
(1) 
Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all measurements taken during a six-month period exceed a numeric pretreatment standard or requirement, including instantaneous limits for the same pollutant parameter by any amount;
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period equals or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(I) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) 
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW 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 human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5) 
Failure to meet, within 90 days after the scheduled date, a compliance schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to provide, within 45 days after the due date, required reports such as 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 noncompliance; or
(8) 
Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
(1966 Code, sec. 32-131; 2001 Code, sec. 106-597; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
Whenever a user has violated or continues to violate any section of this article or a provision of an individual wastewater discharge permit or order issued under this article or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply.
(Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
A violation of any section of this article or a provision of an individual wastewater discharge permit or order issued under this article or any other pretreatment standard or requirement is declared a public nuisance and shall be corrected or abated as directed by the control authority. Any person creating a public nuisance shall be subject to the sections of this code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying the nuisance.
(Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)