If the public works director or the director's designee has been refused access to a building, structure or property, or any part thereof, in violation of this title and/or any IWD permit, the city attorney may seek issuance of an inspection or search warrant from a court in addition to pursuing any other remedies available to the city provided by federal, state or local law.
(Ord. 03-03 § 10, 2003)
A. 
Information and data on a user obtained from reports, surveys, IWD permit applications, IWD permits and monitoring programs, and from the public works director's or the director's designee'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 public works director, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable federal and state law. Any such request must be asserted by the user at the time of submission of the information or data.
B. 
Upon request and demonstration by the user that information or data should be held confidential, the portions of such report containing the confidential information or data shall not be made available to the public for inspection. The entire report, including confidential information and data, shall be made available to governmental agencies for uses related to the waste discharge requirements or NPDES program, pretreatment program enforcement proceedings or any other permitted action in accordance with applicable federal and state law.
(Ord. 03-03 § 10, 2003)
A. 
The public works director shall publish annually, in the daily newspaper with the largest circulation published in the area where the system is located, a list of the users that, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
B. 
The term "significant noncompliance" shall mean:
1. 
Chronic violations of wastewater discharge limits, defined as those in which 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 violations, defined as those in which 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, oil and grease, and 1.2 for all other pollutants except pH);
3. 
Any other discharge violation that the public works director believes has caused, alone or in combination with other discharges, interference or pass-through, and/or endangered the health, safety and welfare of city 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 city's exercise of its emergency authority to halt or prevent such a discharge;
5. 
Failure, within 90 days of the scheduled date, to meet a compliance schedule milestone contained in an IWD permit or enforcement order for starting construction, completing construction, or attaining final compliance;
6. 
Failure, within 30 days after the due date, to provide 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 report noncompliance accurately; or
8. 
Any other violation that the public works director determines will adversely affect the operation or implementation of the city's wastewater management program.
(Ord. 03-03 § 10, 2003)
A. 
When the public works director finds that a user has violated, or continues to violate, any provision of this title, an IWD permit or order issued hereunder, or any pretreatment standard or requirement, the public works director may serve upon that user a written notice of violation.
B. 
Within ten calendar days of the service of such notice, the user shall submit to the public works director an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions. 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.
C. 
Nothing in this section shall limit the authority of the public works director to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.
(Ord. 03-03 § 10, 2003)