This chapter sets forth uniform requirements for nondomestic users of the POTW for the City of Kalispell (City) and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this chapter are:
A. 
To prevent the introduction of pollutants into the POTW that will interfere with its operation;
B. 
To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters and sewage sludge, or otherwise be incompatible with the POTW;
C. 
To protect the health, safety, and welfare of the residents of the City and POTW personnel who may be affected by wastewater and sludge in the course of their employment;
D. 
To enable the City to comply with its Montana Pollutant Discharge Elimination System (MPDES) permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject;
E. 
To enrich the health and economic welfare of the community by providing the best and most efficient POTW through the equitable distribution of program costs, reclamation of wastewater and sludge, and protection of the wastewater system and advanced wastewater treatment plant from physical damage.
This chapter shall apply to all users (as defined in Section 23B-2, below) of the POTW. This chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.
(Ord. 1911, 7-17-2023)
Terms not otherwise defined herein shall have the meanings set forth in the standard specifications of the City or the current edition of the adopted Uniform Plumbing Code. Unless a provision explicitly states otherwise, the following terms and phrases, as used in these Wastewater pretreatment and commercial sewer use regulations shall have the meanings hereinafter designated.
Act or The Act.
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq. (40 CFR 403.3(b)).
Approval authority.
The Regional Administrator of the Environmental Protection Agency in Region 8 or the Director of the Montana Department of Environmental Quality (MTDEQ) at such time as when EPA authorizes the State Pretreatment Program (40 CFR 403.3(c)).
Authorized or duly authorized representative of the user (40 CFR 403.12(I)).
1. 
If the user is a corporation:
a. 
The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
b. 
The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. 
If the user is a partnership or sole proprietorship, a managing partner or proprietor, respectively.
3. 
If the user is a Federal, State, local governmental facility, or outside district, a manager or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
4. 
The individuals described in paragraphs (1) through (3) above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
5. 
If an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the Control Authority (as defined below) prior to or together with any reports to be signed by an authorized representative.
Best management practices (BMPs).
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 23B-8(A) and (B) and [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage (40 CFR 403.3(e)). BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limitations. BMPs shall be established as enforceable pretreatment standards for the purposes of these wastewater pretreatment and commercial sewer use regulations and Section 307(d) of the Act and as specified at 40 CFR 403.5(c)(4). Fats, oil and grease (FOG) and sand, oil and grease (SOG) BMPs were adopted by City Council on July 5, 2022, in Resolution 6082. BMPs are provided in Exhibit C of the ordinance codified in this chapter and adopted by reference.
Biochemical oxygen demand (BOD).
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade (20°C), expressed as a concentration (e.g., mg/l).
Categorical industrial user (CIU).
A user subject to a categorical pretreatment standard or categorical standard (40 CFR Chapter 1, Subchapter N).
Categorical pretreatment standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
Composite sample.
The composite sample shall be flow proportioned and in accordance with the sampling procedures in 40 CFR 403 Appendix E. At a minimum, the sample shall contain at least four samples collected over the compositing period. Unless otherwise specified, the time between the collection of the first sample and the last sample shall not be less than six hours nor more than 24 hours.
Control authority (City).
The City of Kalispell, the Director (as defined below), or a designee.
Daily discharge.
The arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
Direct discharge.
The discharge of treated or untreated wastewater directly to the waters of the State of Montana.
Director.
The City of Kalispell City Manager or the Public Works Director who administers and supervises the affairs, operations and maintenance of the facilities of the City, and is charged with certain duties and responsibilities by this chapter.
Domestic or residential (sanitary) wastes.
Liquid wastes either: (1) from the noncommercial preparation, cooking and handling of food; or (2) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.
Emergency authority.
The authority that the POTW possesses to take any action necessary to stop or prevent a discharge which reasonably appears to present an imminent endangerment to the health or welfare of persons. This authority is also available when needed to halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment, or which threatens to interfere with the operation of the POTW.
Environmental Protection Agency (EPA).
The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Manager, the Regional Administrator, or other duly authorized official of said agency.
Existing source.
Any source of discharge that is not a new source (as defined below).
FOG (fats, oil and grease).
Nonpetroleum organic polar compounds derived from animal or plant sources such as fats, nonhydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical procedures established in 40 CFR 136.
FOG facilities.
Any nondomestic dischargers located within the City's service area where preparation, manufacturing, or processing of food occurs, including, but not limited to, restaurants, cafés, fast food outlets, pizza outlets, ice cream and yogurt shops, delicatessens, sandwich shops, coffee shops, schools, nursing homes, and other facilities that prepare, service, or otherwise make food products available for consumption.
Grab sample.
A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
Indirect discharge.
The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
Industrial.
Of, or pertaining to, industry, manufacturing, commerce, trade or business, as distinguished from domestic or residential.
Industrial user.
A source of indirect discharge.
Industrial wastes.
The liquid or solid wastes from the industrial manufacturing processes, trade, or business as distinct from sanitary wastewater.
Instantaneous limit.
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference.
A discharge that, alone, or in conjunction with, a discharge or discharges from other sources:
1. 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
2. 
Therefore, is a cause of a violation of the City's MPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or any more stringent State or local regulations): Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Local limit.
Specific discharge limits developed and enforced by the City upon significant industrial users to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
Medical waste.
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
National pretreatment standard, pretreatment standard or standard.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. This term also means prohibited discharge standards, categorical pretreatment standards, best management practices and local limits.
New source.
1. 
Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a. 
The building, structure, facility, or installation is constructed at a site at which no other source is located;
b. 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. 
The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
2. 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)(b) or (c) of this definition, but otherwise alters, replaces, or adds to existing process or production equipment.
3. 
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. 
Begun, or caused to begin, as part of a continuous onsite construction program:
i. 
Any placement, assembly, or installation of facilities or equipment, or
ii. 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
Nonsignificant industrial user.
Any user which does not meet the definition of a significant industrial user (as defined below), but is otherwise required by the City through permit, order, or notice to comply with specific provisions of this chapter and is so notified by the City.
Pass through.
A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's MPDES permit, including an increase in the magnitude or duration of a violation.
Person.
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
pH.
The base 10 logarithm of the reciprocal of the hydrogen ion concentration in moles per liter of solution.
Pollutant.
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, turbidity, color, biochemical oxygen demand (BOD), chemical oxygen demand (COD), toxicity, or odor).
Pretreatment.
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility shall meet an adjusted pretreatment limit calculated in accordance with 40 CFR Part 403.6(e).
Pretreatment requirements.
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Prohibited discharge standards or prohibited discharges.
Absolute prohibitions against the discharge of certain substances. These prohibitions appear in Section 23B-8 of this chapter.
Publicly owned treatment works (POTW).
A treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which has jurisdiction over the indirect discharges to, and the discharges from, such a treatment works and is owned by the City as defined by Section 502(4) of the Act. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. For the purpose of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from indirect discharges outside the City who are, by contract or agreement with the City, users of the City's POTW. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to, and the discharges from, such a treatment works.
Receiving water.
Lakes, rivers, streams or other watercourses which receive treated or untreated wastewater. The designation of Kalispell's receiving water is per the City of Kalispell's Montana Pollutant Discharge Elimination System (MPDES) permit.
Receiving water quality requirements.
Requirements for the wastewater treatment plant effluent established by applicable State or Federal regulatory agencies for the protection of receiving water quality. Such requirements shall include effluent limitations and discharge standards, requirements, limitations, or prohibitions, which may be established or adopted from time to time by State or Federal laws or regulatory agencies.
Sand, oil and grease (SOG).
Any hydrocarbon or petroleum product including oils and greases, and/or sand, grit, gravel or any other aggregate.
Significant industrial user (SIU).
Except as provided in paragraphs (3) and (4) of this definition, an SIU is:
1. 
A user subject to categorical pretreatment standards; or
2. 
A user that:
a. 
Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater),
b. 
Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or
c. 
Is designated as such by the Director on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any wastewater pretreatment requirement or pretreatment standard. An example is a user that is capable of negatively affecting the microbiology at the wastewater treatment plant;
3. 
The Director or designee may determine that a user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a SIU on a finding that the user never discharges more than one hundred gallons per day (100 gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
a. 
The user, prior to City's finding, has consistently complied with all categorical pretreatment standards and requirements,
b. 
The user annually submits the certification statement required in Section 23B-41(B) (see 40 CFR 403.12(q)), together with any additional information necessary to support the certification statement, and
c. 
The user never discharges any untreated concentrated wastewater;
4. 
Upon a finding that a user meeting the criteria in paragraph (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a SIU.
Slug load, slug discharge or spill discharge.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 23B-8 of this chapter. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, including discharges which exceed the hydraulic and/or design of a user's treatment system, or in any other way violate the wastewater pretreatment and sewer use regulations, local limits or permit conditions.
SOG facilities.
Any nondomestic dischargers located within the City's service area, or outside jurisdiction but for which the City has responsibility, where work or service is performed including automotive service, machine shops, automotive care centers, auto body shops, car washes, or any other facility that generates sand, petroleum oil, grease or other petroleum product, grit, gravel or other aggregate that may discharge into a wastewater collection system.
Storm water.
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Surcharge.
Specific individual rates calculated from the volume, and pollutant strength in accordance with City codes and regulations.
User.
Any source that contributes, causes or permits the contribution of industrial or commercial wastewater into the POTW. A source of indirect discharge. This term includes, but is not limited to, industrial users, significant industrial users, categorical industrial users, and noncategorical industrial users.
Wastewater (sewage).
Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater pretreatment and sewer use regulations.
Title 40 of the Code of Federal Regulations Part 403 "General Pretreatment Regulations" and the comparable pretreatment regulations listed in this chapter.
Wastewater treatment plant, advanced wastewater treatment plant or treatment plant (AWWTP).
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
Wastewater treatment system, wastewater utility, or wastewater system.
1. 
Any devices, facilities, structures, equipment or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial, commercial and domestic wastes from within or without the City, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, collection lines, pumping, power and other equipment and their appurtenances, but excluding service lines;
2. 
Extensions, improvements, additions, alterations or any remodeling thereof;
3. 
Elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and
4. 
Any works, including the land and sites that may be acquired, that will be an integral part of the treatment process.
Abbreviations: The following abbreviations, when used in this chapter, shall have the designated meanings:
BMP
Best Management Practice
BMR
Baseline Monitoring Report
BOD
Biochemical Oxygen Demand
CFR
Code of Federal Regulations
CIU
Categorical Industrial User
COD
Chemical Oxygen Demand
EPA
U.S. Environmental Protection Agency
FOG
Fats, Oil and Grease
gpd
gallons per day
IPC
Industrial Pretreatment Coordinator
IPP
Kalispell Industrial Pretreatment Program
IU
Industrial User
mg/l
milligrams per liter
MPDES
Montana Pollutant Discharge Elimination System
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIU
Significant Industrial User
SOG
Sand, Oil, and Grease
U.S.C.
United States Code
(Ord. 1911, 7-17-2023)
The provisions herein provide for the regulation of indirect discharge to the POTW through the issuance of permits, enforcement of applicable pretreatment requirements, user reporting, the setting of fees for the equitable distribution of costs, and for other activities as defined in this chapter and the Kalispell Wastewater Pretreatment and Nondomestic Sewer Use Regulations (hereinafter "City Regulations"). The provisions herein shall apply to users of the POTW and to persons outside the POTW who are, by contract or agreement with the POTW, users of the POTW.
It shall be unlawful for any user to discharge any domestic or nondomestic wastewater into any natural waterway, any surface drainage, or in any area under the jurisdiction of the City. No industrial wastewater shall be discharged to the POTW unless done so in compliance with City Regulations.
(Ord. 1911, 7-17-2023)
A. 
The City shall be responsible for the day-to-day administration of the industrial pretreatment program (IPP) and to ensure proper compliance with all City Regulations.
B. 
The City shall attempt to notify in writing any user whom the Director has cause to believe is subject to a National Categorical Pretreatment Standards or Requirements, or other applicable requirements promulgated by the EPA under the provisions of Section 204(b) or 405 of the Act within 30 days of determination, or under the provisions of Section 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of the City to notify users shall not relieve said users from the responsibility of complying with applicable pretreatment requirements. It is the responsibility of significant industrial users (SIU) to apply for and receive a permit prior to discharge, regardless of whether the user has been identified and/or formally notified to do so.
C. 
If wastewaters containing any pollutant, including excess flow, or as otherwise defined in these City Regulations, are discharged or proposed to be discharged to the POTW, the City may take any action necessary to:
1. 
Prohibit the discharge of such wastewater;
2. 
Require a user to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with these City Regulations;
3. 
Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the potential for a discharge to violate these City Regulations;
4. 
Require the user making, causing, or allowing the discharge to pay any additional cost or expense incurred by the City for handling, treating, disposing, or remediating wastes discharged to the wastewater treatment system;
5. 
Require the user to apply for, and obtain, a permit;
6. 
Require timely and factual reports from the user responsible for such discharge; or
7. 
Take such other action as may be necessary to meet the objectives of these City Regulations (e.g., best management practices).
D. 
In addition to the overall authority to prevent or eliminate discharges through enforcement of pretreatment standards and requirements, the City shall have the following authority:
1. 
Refusal to Serve Any User: Refusals may be appealed in accordance with the process described in the City's Rules and Regulations Governing Sewer Service.
2. 
Enforcement through issuance of fines and penalties for violations of these City Regulations, including the failure of a user to apply for a permit.
3. 
Endangerment to Health or Welfare of Persons: After an informal notice to the discharger, including an opportunity to respond, the City may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW of the City, or any wastewater system tributary thereto, by any means available to the City, including physical disconnection from the wastewater system, whenever, in the opinion of the Director, it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of persons. In addition, pursuant to 40 CFR Section 403.8(f)(1)(vi)(A), the City shall seek injunctive relief for noncompliance of this section by users with pretreatment standards and requirements. The City shall also have the authority to seek or assess civil or criminal penalties in at least the amount of $3,000 per day for each violation by users of pretreatment standards and requirements. The City shall provide any user in violation of this section with proper notice as stated in 40 CFR Section 403.8(f)(1)(vi)(B).
4. 
Endangerment to Environment or POTW: The City, after written notice to the affected users and an opportunity to respond, may halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW, wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever such discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW.
(Ord. 1911, 7-17-2023)
A. 
The City shall issue a public notice of request for comments of POTW pretreatment program submissions. The public notice shall be published so that interested persons of any submissions may be informed in the manner of publication in a newspaper(s) of general circulation within the jurisdiction(s) served by the POTW.
B. 
The public notice shall provide a period of not less than 30 days following the date of the initial notice to allow interested persons time to respond in writing to the submission. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
C. 
All written comments submitted during the 30 day review period shall be retained by the City and incorporated as appropriate in the decision regarding whether to approve the submission. The comment period may be extended at the discretion of the Director.
(Ord. 1911, 7-17-2023)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual and general wastewater discharge permits, and monitoring programs, and from the IPC's 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 IPC 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 requests 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 at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 1911, 7-17-2023)
Except as otherwise provided herein, the Director or an assigned designee shall administer, implement, and enforce the provisions of these City Regulations.
(Ord. 1911, 7-17-2023)