(a) 
Industrial operator, hazardous waste treatment and landfill requirements.
All operators of municipal landfills, hazardous waste treatment, disposal, and recovery facilities, industrial facilities that are subject to section 313 of title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 USC 11023, and industrial facilities that the director determines are contributing a substantial pollutant loading to the MS4, which are sources of stormwater discharges associated with industrial activity, shall comply with the following requirements:
(1) 
Any operator who intends to obtain coverage for stormwater discharge associated with industrial activity under the NPDES general permit for stormwater discharges associated with industrial activity (the baseline industrial general permit) or the NPDES stormwater multisector general permit for industrial activities (the multisector general permit) shall submit a signed copy of its notice of intent (NOI) to the director at least two calendar days prior to the commencement of the industrial activity at the facility. If industrial activity requiring an NPDES stormwater permit is already underway upon the effective date of the ordinance from which this article is derived, a copy of the permit assignment notice or the NOI shall be submitted within 30 calendar days. Where the operator of a facility with a stormwater discharge associated with industrial activity which is covered by an NPDES general permit changes, the new operator of the facility shall submit an NOI at least two calendar days prior to the change. (Note: Reference within this section to an NPDES general permit or to the appropriate NPDES general permit shall be deemed to refer to either the baseline industrial general permit or the multisector general permit.)
(2) 
A stormwater pollution prevention plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the appropriate NPDES general permit or any individual NPDES permit issued for stormwater discharges from the industrial facility, and with any additional requirement imposed by or under this article, and any other city ordinance.
(3) 
The SWPPP shall be completed prior to the submittal of the NOI to the director and, for a new industrial operation, prior to the commencement of the industrial activity at the facility. The SWPPP shall be updated and modified as appropriate and as required by the appropriate NPDES general permit and this article.
(4) 
A copy of any NOI that is required by subsection (a)(1) of this section shall be submitted to the city in conjunction with any application for a permit or any other city approval necessary to commence or continue operation of the industrial facility.
(5) 
The director may require any operator who is required by subsection (a)(2) of this section to prepare and submit the SWPPP, and any modifications thereto, to the director for review. Such submittal and review of the SWPPP may be required by the director prior to commencement of or during industrial activity at the facility.
(6) 
Upon the director’s review of the SWPPP and any site inspection that he may conduct, the city may deny approval of any application for a permit or any other city approval necessary to commence or continue operation of the facility, on the grounds that the SWPPP does not comply with the requirements of the appropriate NPDES general permit or any individual NPDES permit issued for stormwater discharges from the industrial facility, or any additional requirement imposed by or under this article or other city ordinances. Also, if at any time the director determines that the SWPPP is not being fully implemented, the city may similarly deny approval of any application for a permit or other city approval necessary to commence or continue operation of the industrial facility.
(7) 
The SWPPP, with any modifications attached, shall be retained at the industrial facility from the date of commencement of operations until all stormwater discharges associated with industrial activity at the facility are eliminated and the required notice of termination (NOT) has been submitted in accordance with the appropriate NPDES general permit.
(8) 
The operator shall make the SWPPP and any modification thereto available to the director upon request (as well as to EPA and state inspectors).
(9) 
The director may notify the operator at any time that the SWPPP does not meet the requirements of the appropriate NPDES general permit, any applicable individual NPDES permit issued for stormwater discharges from the industrial facility, or any additional requirement imposed by or under this article or other city ordinances. Such notification shall identify those provisions of the permit or ordinance which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet such requirements. Within 30 calendar days of such notification from the director (or as otherwise provided by the director), the operator shall make the required changes to the SWPPP and shall submit to the director a written certification that the requested changes have been made.
(10) 
The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges associated with industrial activity.
(11) 
Qualified personnel (provided by the operator) shall inspect equipment and areas of the facility specified in the SWPPP at appropriate intervals. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspection shall be maintained and made available to the director upon request.
(12) 
Qualified personnel (provided by the operator) shall conduct comprehensive site compliance evaluations as required by the appropriate NPDES general permit at intervals of no less than once per year. Based on the results of the compliance evaluation, the description of potential pollutant sources and the pollution prevention measures and controls that are identified in the SWPPP shall be revised as appropriate within two weeks of such evaluation and shall provide for implementation of any changes to the SWPPP in a timely manner, but in no case more than 12 weeks after the compliance evaluation.
(13) 
A report summarizing the scope of the comprehensive site compliance evaluation required by the appropriate NPDES general permit, personnel making the compliance inspection, the dates of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with necessary and appropriate plan revisions shall be made and retained as part of the SWPPP for at least one year after all stormwater discharges from the facility are eliminated and the required NOT has been submitted. The report shall identify any incidence of noncompliance; or, if the report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the applicable NPDES permit, and this article. The report shall be signed by the individual responsible for the comprehensive site compliance evaluation, and it shall be submitted to the director within ten calendar days of its completion.
(14) 
If the industrial facility is required by the appropriate NPDES general permit to conduct monitoring, records of the monitoring results shall be retained at the facility and made available to the director upon request.
(15) 
By written notice, the director may require any industrial facility identified in accordance with this section to implement a monitoring program at its expense that includes the submission of quantitative data on the following constituents:
(A) 
Any pollutants limited in effluent guidelines subcategories;
(B) 
Any pollutant listed in an existing NPDES permit for the facility;
(C) 
Oil and grease, COD, pH, BOD5, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen; and
(D) 
Information on discharges required under 40 CFR 122.21(g)(7)(iii) and (iv).
The director may require written reports of any such monitoring to be submitted to him.
(16) 
By written notice, the director may require any industrial facility identified in this section to conduct semi-annual or annual monitoring of stormwater discharges, or the director may specify an alternative monitoring frequency and/or specify additional parameters to be analyzed. The director may require written reports of any such additional monitoring to be submitted to him.
(17) 
The operator shall retain the SWPPP until at least one year after stormwater discharges associated with industrial activity at the facility are eliminated, or that operator is no longer operating the facility, and a notice of termination (NOT) in compliance with the appropriate NPDES general permit has been submitted. The operator shall retain all records of all monitoring information, copies of all required reports, and records of all data used to complete the NOI, until at least one year after all stormwater discharges associated with industrial activity at the facility are eliminated, or the operator ceases to operate that facility, and the required notice of termination (NOT) has been submitted.
(18) 
For discharges subject to monitoring requirements of the appropriate NPDES general permit, in addition to the records retention requirements of subsection (a)(17) of this section, operators shall retain records of all monitoring information collected for the period of time required by the appropriate NPDES general permit. Operators must submit such monitoring results, and/or a summary thereof, to the director upon his request.
(19) 
Upon the effective date of the ordinance from which this article is derived, no discharge shall contain any of the following hazardous metals in a concentration exceeding the maximum concentrations (in mg/l) of each of the hazardous metals listed as follows:
Metal
Average
Daily Composite
Grab Sample
Arsenic
0.1
0.2
0.3
Barium
1.0
2.0
4.0
Cadmium
0.05
0.1
0.2
Chromium
0.5
1.0
5.0
Copper
0.5
1.0
2.0
Lead
0.5
1.0
1.5
Manganese
1.0
2.0
3.0
Mercury
0.005
0.005
0.01
Nickel
1.0
2.0
3.0
Selenium
0.05
0.1
0.2
Silver
0.05
0.1
0.2
Zinc
1.0
2.0
6.0
(20) 
Where all stormwater discharges associated with industrial activity that are authorized by this article, and by the NPDES permit for those discharges from industrial activities, are eliminated, or where the operator of stormwater discharges associated with industrial activity at a facility changes, the operator of the facility shall submit to the director a notice of termination (NOT) that includes the information required for notices of termination by the appropriate NPDES general permit.
(b) 
Responsibility for compliance.
Any owner of a facility with a stormwater discharge associated with industrial activity to which subsection (a) of this section applies, whether or not he is an operator of the facility, is jointly and severally responsible for compliance with the best management practices (BMP) measures required in the SWPPP for the facility.
(c) 
Difficulty in compliance; enforcement.
Upon request by the director, all owners and operators of any facility that experience a problem complying with the requirements of this article, the industrial general permit, or any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility shall consult with the director, any other representative of the city, and any third party designated by the city in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to the city’s satisfaction, the city may, in its discretion, report the noncompliance to EPA and/or the state, and/or the city may itself undertake any enforcement action authorized by division 4 of this article. Exercise of the city’s option for consultation under this subsection shall not be a bar against, or prerequisite for, taking any other enforcement action against any owner or operator of the facility.
(1998 Code, sec. 113-10; Ordinance 2010-05-003, sec. 2 (113-10), adopted 7/20/10; 2013 Code, sec. 48-57)