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 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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 director or control authority.
(1996 Code, sec. 11.938)
The director or the control authority or their authorized representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the inspecting person ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) 
Where a user has security measures in force which require proper 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 inspecting person will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) 
The director or control authority shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(3) 
The director or control authority may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(4) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director or control authority and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) 
Unreasonable delays in allowing the inspecting person access to the user’s premises shall be a violation of this article.
(1996 Code, sec. 11.939)
If the director or control authority representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the director or control authority representative may seek issuance of a search warrant from an appropriate court. For purposes of this section, the director is designated as the code enforcement official of the city.
(1996 Code, sec. 11.940)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director or the control authority, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(1996 Code, sec. 11.941)
The director shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term “significant noncompliance” shall mean:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
(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 equal or exceed the product of the daily maximum limit or the average limit 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 discharge violation that the director believes 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 pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the director’s exercise of his 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 a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to provide, within thirty (30) 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 noncompliance; or
(8) 
Any other violation(s) which the director determines will adversely affect the operation or implementation of the local pretreatment program.
(1996 Code, sec. 11.942)
When the director finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. An explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. 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. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(1996 Code, sec. 11.943)
The director may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why the 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, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(1996 Code, sec. 11.944)
When the director finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an administrative order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Administrative orders also may contain other requirements to address the noncompliance, including additional self-monitoring, management practices designed to minimize the amount of pollutants discharged to the sewer, and pretreatment or control of the quantities and rates of discharge of wastewater to bring the discharge within the limits of this article. An order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does an administrative order relieve the user of liability for any violation, including any continuing violation. Issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(1996 Code, sec. 11.945)
(a) 
When the director finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(b) 
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(1996 Code, sec. 11.946)
(a) 
The director or the control authority may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The director or the control authority may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the director or control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream, or endangerment to any individuals. The director or the control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director or the control authority that the period of endangerment has passed, unless the termination proceedings in section 13.08.131 of this article are initiated against the user.
(2) 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director and the control authority prior to the date of any show cause or termination hearing under section 13.08.127 or 13.08.131 of this article.
(b) 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(1996 Code, sec. 11.947)
(a) 
In addition to the provisions in section 13.08.051 of this article, any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of wastewater discharge permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) 
Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or
(5) 
Violation of the pretreatment standards in sections 13.08.005 through 13.08.009 of this article.
(b) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 13.08.127 of this article why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.
(1996 Code, sec. 11.948)
When the director or the control authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director or the control authority may petition the district court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The director or the control authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(1996 Code, sec. 11.949)
(a) 
A user who has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for the maximum civil penalties or fines as allowed by state law . In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(b) 
The director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(c) 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(d) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(1996 Code, sec. 11.950; Ordinance adopting Code)
(a) 
Violations generally.
A user who violates any provision of this article, a wastewater discharge permit, further regulations and procedures established by the director and/or the control authority or an administrative order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine as provided for in section 1.01.009 of this code.
(b) 
Discharges causing personal injury or property damage.
A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalty. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) 
False information.
A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed or required to be maintained pursuant to this article, a wastewater discharge permit, or an order issued hereunder, 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 as provided for in section 1.01.009 of this code.
(d) 
Criminal responsibility.
A culpable mental state is not required to prove an offense under this article. A person is criminally responsible for a violation of this article if:
(1) 
The person commits or assists in the commission of a violation, or causes or permits another person to commit a violation; or
(2) 
The person owns or manages the property or facilities determined to be the cause of the illegal discharge under section 13.08.005, 13.08.006, 13.08.007, 13.08.012, or 13.08.041.
(1996 Code, sec. 11.951)
The remedies provided for in this article are not exclusive. The director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the director may take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one enforcement action against any noncompliant user.
(1996 Code, sec. 11.952)
(a) 
National pretreatment standards.
If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this article, are promulgated by the United States Environmental Protection Agency for certain industries, the more stringent national pretreatment standards will apply to the affected industrial user. A violation of the more stringent national pretreatment standards will also be considered a violation of this article.
(b) 
Waste received and treated by other governmental entity.
An industrial user within the city who discharges industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules:
(1) 
If the governmental entity has more stringent discharge limits than those prescribed by this article, or by a discharge permit issued hereunder, because the United States Environmental Protection Agency requires the more stringent discharge limits as a part of the governmental entity’s wastewater pretreatment program, the more stringent discharge limits shall prevail.
(2) 
The director is authorized to issue a discharge permit to an industrial user affected by subsection (1), to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the director may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the director an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.
(3) 
If the director chooses not to issue or amend a permit under subsection (2), the director shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits.
(4) 
The more stringent discharge limits cease to apply upon termination of the city’s wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the governmental entity or the United States Environmental Protection Agency. The director shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection.
(c) 
Variances in compliance dates.
The director may grant a variance in compliance dates to an industry when, in the director’s opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the director grant a variance in compliance dates to an industry affected by national categorical pretreatment standards beyond the compliance dates established by the United States Environmental Protection Agency.
(d) 
Authority to regulate.
The director may establish regulations, not in conflict with this article or other laws, to control the disposal and discharge of industrial waste into the wastewater system and to insure compliance of the city’s pretreatment enforcement program with all applicable pretreatment regulations promulgated by the United States Environmental Protection Agency. The regulations established shall, where applicable, be made a part of any discharge permit issued to an industrial user by the director.
(1996 Code, sec. 11.953)
(a) 
For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(b) 
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (c) below are met.
(c) 
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(1) 
An upset occurred and the user can identify the cause(s) of the upset;
(2) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(3) 
The user has submitted the following information within twenty-four (24) hours of becoming aware of the upset:
(A) 
A description of the indirect discharge and cause of noncompliance;
(B) 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(C) 
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(d) 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(e) 
Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(f) 
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(1996 Code, sec. 11.954)
(a) 
For the purposes of this section:
Bypass.
The intentional diversion of waste streams from any portion of a user’s treatment facility.
Severe property damage.
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(b) 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (c) and (d) of this section.
(c) 
(1) 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten (10) days before the date of the bypass, if possible.
(2) 
A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
(d) 
(1) 
Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless:
(A) 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(B) 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(C) 
The user submitted notices as required under subsection (c) of this section.
(2) 
The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed in subsection (d)(1) of this section.
(1996 Code, sec. 11.955)