Under authority of the City Charter of the City
of Auburn, the following rules and regulations are hereby promulgated
by the City of Auburn pertaining to the discharge of stormwater, well
water, groundwater, cooling water, unpolluted water, industrial wastewater,
sewage, or other wastewater in the City sewer system.
These rules and regulations set uniform requirements
for discharges into the wastewater collection and treatment system
and enable the City of Auburn to comply with the requirements of the
Federal Act and to derive the maximum public benefit by regulating
the quality and quantity of wastewater discharged into the City's
collection and wastewater treatment system. These rules and regulations
provide a means for determining wastewater volume, constituents and
characteristics, the setting of industrial waste surcharges and fines,
and the issuance of permits to certain users.
The definitions set forth in § 242-3 of this chapter shall apply in interpreting this article.
[Amended 8-10-2000 by Ord. No. 13-2000]
A.
No person shall discharge waste directly or indirectly
into the City sewer system, or into any private sewer drain emptying
into the City sewer system, which causes, threatens to cause or is
capable of causing, either alone or by interaction with other substances:
(1)
Pollutants which create a fire or explosive hazard
in the POTW, including but not limited to waste streams with a closed-cup
flashpoint of less than 140° F. (60° C.) using the test method
specified in 40 CFR 261.21 or any liquids, solids or gases which,
by reason of their nature or quantity, are or may be sufficient, either
alone or by interaction with other substances, to cause fire or explosion
or be injurious in any other way to the treatment works or to the
operation of the treatment works. At no time shall two successive
readings on an explosion hazard meter at the point of discharge into
the system (or any point in the system) be more than 5% or any single
reading over 10% of the lower explosive limits (LEL) of the meter.
Prohibited materials include, but are not limited to, gasoline, kerosene,
naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides and
sulfides, and any other substance which the City, the DEC or the EPA
has notified the user is a fire hazard or hazard to the system.
[Amended 11-20-2014 by Ord. No. 13-2014]
(2)
Solids or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the wastewater treatment facility, such as, but not limited to, petroleum
oil, nonbiodegradable cutting oil or products of mineral oil origin,
in amounts that will cause interference or pass-through, grease, garbage
with particles greater than 1/2 inch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, whey, refining or processing of fuel or
lubricating oil, mud or glass grinding or polishing waste.
(3)
Any wastewater having a pH less than 5.5 or higher
than 9.5 or wastewater having any other corrosive property capable
of causing damage or hazard to structures, equipment and/or personnel
of the treatment works.
(4)
Any substance or any wastewater containing toxic pollutants
in sufficient quantity, either singly or by interaction with other
pollutants, to injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a toxic effect in
the receiving waters of the treatment works or exceed the limitations
set forth in a categorical pretreatment standard. A toxic pollutant
shall include, but not be limited to, any pollutant identified pursuant
to § 307(a) of the Federal Act.
(5)
Any noxious or malodorous liquids, gases or solids
which, either singly or by interaction with other waste, are sufficient
to create a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for their maintenance and repair.
(6)
Any substance that alone or in conjunction with other
discharges may cause the treatment works' effluent or any other product
of the treatment works, such as residues, sludges or scums, to be
unsuitable for reclamation and reuse or to interfere with the reclamation
process where the treatment works is pursuing a reuse and reclamation
program. In no case shall such substance discharged to the treatment
works cause the treatment works to be in noncompliance with sludge
use or disposal criteria, guidelines or regulations developed under
§ 405 of the Federal Act and criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act
or DEC criteria applicable to the sludge management method being used
presently or planned to be used in the future.
(7)
Any substance that alone or in conjunction with other
discharges will cause the treatment works to violate its National
Pollutant Discharge Elimination System (NPDES) permit and/or State
Pollutant Discharge Elimination System (SPDES) permit or the receiving
water quality standards.
(8)
Any wastewater with objectionable color not removed
in the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions.
(9)
Any wastewater having a temperature which will inhibit
biological activity in the treatment works treatment plant resulting
in interference, but in no case wastewater with a temperature at the
introduction into the sewer system which exceeds 150° F. (65.5°
C.), unless the treatment works treatment plant is designed to accommodate
such temperature, or in such quantities that the temperature at the
treatment works influent exceeds 104° F. (40° C.).
(10)
Any pollutants, including oxygen-demanding pollutants
(BOD, etc.), released at a flow and/or pollutant concentration which
a user knows or had reason to know will cause interference to the
treatment works.
(11)
Any wastewater which causes a hazard to human
life or creates a public nuisance.
B.
When the Director of Municipal Utilities determines
that a user(s) is contributing to the treatment works any of the above-enumerated
substances in such amounts as to interfere with the operation of the
treatment works, the Director of Municipal Utilities shall:
C.
Affirmative defense. A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in § 242-24 and this section where the user can demonstrate that:
(1)
It did not know or have reason to know that its discharge,
alone or in conjunction with a discharge or discharges from other
sources, would cause pass-through or interference.
(2)
A local limit designed to prevent pass-through and/or
interference, as the case may be, was developed for each pollutant
in the user's discharge that caused pass-through or interference and
the user was in compliance with each such local limit directly prior
to and during the pass-through or interference or, if a local limit
designed to prevent pass-through and/or interference, as the case
may be, has not been developed for the pollutant(s) that caused the
pass-through or interference, the user's discharge directly prior
to and during the pass-through or interference did not change substantially
in nature or constituents from the user's prior discharge activity
when the City was regularly in compliance with the City of Auburn
SPDES permit requirements and, in the case of interference, applicable
requirements for sewage sludge use or disposal.
Stormwater, surface water, groundwater, roof
runoff, interior or exterior footing drainage, subsurface drainage,
cooling water or unpolluted industrial process waters shall not be
discharged through direct or indirect connections to the sanitary
sewer. Stormwater and all other unpolluted drainage shall be discharged
to designated storm sewers, combined sewers or other approved receivers
of such unpolluted water where such designation is made.
No person shall discharge, or cause to be discharged,
any radioactive materials or wastes into the sanitary sewer system.
No person shall discharge substances directly
into a manhole or other sanitary opening in a sanitary sewer other
than through an approved building sewer.
[Amended 8-10-2000 by Ord. No. 13-2000]
A.
No person shall discharge any holding tank waste into a manhole or other opening in a sanitary sewer. All holding tank waste shall be discharged at a City facility at locations and such times as are designated by the Director of Municipal Utilities. Each separate load of holding tank waste shall be registered with the operator of the treatment facility. The user shall pay the applicable charges or dumping fees and shall meet such other conditions as required by the Department. The Department shall have the right to inquire about the type of waste, the approximate volumes and the origin of holding tank wastes. The transporter of such wastes shall also have a waste hauler's permit from DEC. Such waste shall not violate § 242-39 of this chapter or any other requirements established by the Director of Municipal Utilities. Campers and trailers for recreational use are exempt.
B.
The Director of Municipal Utilities shall require
haulers of industrial waste to obtain wastewater discharge permits.
The Director of Municipal Utilities may require generators of hauled
industrial waste to obtain wastewater discharge permits. The Director
of Municipal Utilities also may prohibit the disposal of hauled industrial
waste. The discharge of hauled industrial waste is subject to all
other requirements of this chapter.
C.
Industrial waste haulers may discharge loads only
at locations designated by the Director of Municipal Utilities. No
load may be discharged without prior consent of the Director of Municipal
Utilities. The Director of Municipal Utilities may collect samples
of each hauled load to ensure compliance with applicable standards.
The Director of Municipal Utilities may require the industrial waste
hauler to provide a waste analysis of any load prior to discharge.
D.
Industrial waste haulers must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name
and address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous waste.
[Amended 5-18-2006 by Ord. No. 9-2006; 11-20-2014 by Ord. No.
13-2014]
The concentration in wastewater discharged into
the City sanitary sewer system of any of the following pollutants
shall not exceed the values specified below. These limitations shall
apply to each and every individual industrial sewer lateral at a point
immediately prior to discharge to the City sanitary sewer system.
|
Allowable Effluent Concentration
(milligrams/liter)
| |
|---|---|
|
Pollutant
|
24-Hour Composite
|
|
Antimony
|
2.0
|
|
Arsenic
|
2.0
|
|
Barium
|
5.0
|
|
Cadmium
|
0.5
|
|
Chromium, hex
|
2.0
|
|
Chromium, total
|
2.0
|
|
Copper
|
1.5
|
|
Iron
|
10.0
|
|
Lead
|
1.0
|
|
Mercury
|
0.002
|
|
Nickel
|
5.0
|
|
Selenium
|
3.0
|
|
Silver
|
0.02
|
|
Zinc
|
5.0
|
|
Cyanide
|
1.0
|
|
Methylene chloride
|
0.7
|
|
Phenol
|
10.0
|
|
Toluene
|
5.3
|
|
Trichloroethylene
|
3.0
|
|
Tetrachloroethylene
|
3.0
|
|
1,1,1-Trichloroethane
|
3.0
|
No person shall discharge or permit the discharge
or infiltration into the City sewer system of the following wastes
unless prior written approval is granted by the Director of Municipal
Utilities:
A.
Wastes containing more than 300 mg/l of BOD5.
B.
Wastes containing more than 350 mg/l of total suspended
solids.
C.
Wastes containing more than 10 mg/l of total phosphorus.
D.
Wastes containing more than 40 mg/l of total Kjeldahl
nitrogen.
E.
Fats, oils or greases of animal or vegetable origin
in concentrations greater than 100 mg/l.
[Added 8-10-2000 by Ord. No. 13-2000]
A.
Effluent limitations promulgated by the Federal Act
shall apply in any instance where they are more stringent than limitations
in these rules and regulations.
(1)
Under Section 307 of the Federal Act, pretreatment
standards are designed to achieve three purposes:
(a)
To protect the operation of the publicly owned
treatment works;
(b)
To prevent discharge of pollutants which pass-through
such works inadequately treated; and
(c)
To prevent treatment plant sludges from becoming
contaminated with toxic materials which would limit a publicly owned
treatment works' sludge disposal alternatives.
[Amended 11-20-2014 by Ord. No. 13-2014]
(2)
Users in industrial categories subject to effluent
guidelines issued under Section 304 of the Federal Act and discharging
pollutants to publicly owned treatment works are required to achieve
the level of treatment established by federal regulations.
B.
Nothing in these rules and regulations shall be construed to relieve any industrial user from its obligation to comply with the pretreatment standards established pursuant to § 307 of the Federal Act. Limitations on wastewater strength in §§ 242-44 and 242-45 of these rules and regulations may be supplemented with more stringent limitations when, in the opinion of the Director of Municipal Utilities:
(2)
The limitations in §§ 242-44 and 242-45 of these rules and regulations may not be sufficient to enable the Department's treatment works to comply with the water quality standards or effluent limitations specified in the Department's National Pollutant Discharge Elimination System (NPDES) permit or the State Pollutant Discharge Elimination System (SPDES) permit.
C.
The categorical pretreatment standards found at 40
CFR Chapter I, Subchapter N, Parts 405 to 471 are hereby incorporated.
[Added 8-10-2000 by Ord. No. 13-2000; amended 11-20-2014 by Ord. No. 13-2014]
(1)
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, the Director of Municipal Utilities may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the Director of Municipal Utilities shall impose an alternate limit
using the combined waste stream formula in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural substance
and provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
[Amended 8-10-2000 by Ord. No. 13-2000]
No discharger into the City sewer system shall
augment his or her use of process water or otherwise intentionally
dilute his or her discharge as partial or complete substitute for
adequate treatment to achieve compliance with any effluent limitations
specified in these rules and regulations. The Director of Municipal
Utilities may impose mass limitations on users who are using dilution
to meet applicable pretreatment standards or requirements, or in other
cases when the imposition of mass limitations is appropriate.
[Amended 8-10-2000 by Ord. No. 13-2000]
Waste not permitted to be discharged into the
City sewer system must be transported in accordance with Federal Resource
Conservation and Recovery Act regulations or applicable state law
to a state or federally approved waste disposal site.
A.
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information, to the extent that such information is known and readily available to the user: an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration in such constituents and the waste stream discharge during the calendar month and an estimation of the mass or constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under § 242-53 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 242-46, 242-52G and 242-53 of this chapter.
[Amended 11-20-2014 by Ord. No. 13-2014]
B.
Dischargers are exempt from the requirements of Subsection A above during a calendar month in which they discharge no more than 15 kilograms of hazardous waste, unless the wastes are acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
C.
In the case of any new regulations under § 3001
of the RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Director of Municipal Utilities, the EPA Regional
Waste Management Waste Division Director and state hazardous waste
authorities of the discharge of such substance within 90 days of the
effective date of such regulations.
D.
In the case of any notification made under this section,
the user shall certify that it has a program in place to reduce the
volume and toxicity of hazardous waste generated to the degree it
has been determined to be economically practical.
E.
This provision does not create a right to discharge
any substance not otherwise permitted to be discharged by this chapter,
a permit issued thereunder or any applicable federal or state law.
No connection with or opening into any sewer,
manhole or appurtenances thereto shall be made without the written
approval of the Director of Municipal Utilities. The connection of
a building sewer into any City sewer shall conform to the requirements
of the Department and Administration Rules and Regulations Governing
Plumbing Installations.
Written approval by the Director of Municipal
Utilities is required for all new discharges from industrial users
added to the City's sewer system. The Director of Municipal Utilities
reserves the right to:
A.
Deny or condition new or increased contribution of
wastes or changes in waste characteristics;
B.
Require an industrial user to obtain an industrial wastewater discharge permit as specified in § 242-51;
C.
Require the development of a schedule of compliance
for an industrial user for the installation of technology required
to meet pretreatment standards and requirements;
D.
Require the industrial user to submit to the Department
self-monitoring reports;
E.
Require the industrial user, either new or existing,
to complete a questionnaire relating to its industrial waste discharge;
F.
Inspect and sample the effluent from each significant
industrial user at least once a year.
[Amended 8-10-2000 by Ord. No. 13-2000]
A.
Each industrial user whose wastewater flow and/or
wastewater strength is different from that of sanitary waste must
obtain a discharge permit before connecting to or discharging into
the City sewer system. Each industrial user, as determined by the
Director of Municipal Utilities, currently connected must obtain an
industrial waste permit within 180 days after the effective date of
these rules and regulations. All significant industrial users shall
obtain a discharge permit before connecting to the City sewer system.
B.
All users not required to obtain a wastewater discharge
permit shall provide appropriate reports to the Director of Municipal
Utilities as the Director of Municipal Utilities may require.
A.
Industrial users required to obtain an industrial
waste discharge permit shall complete and file with the Department
an application in the form prescribed by the Director of Municipal
Utilities. The applicant may be required to submit the following information
prepared by a New York State licensed engineer:
(1)
Name, address, and location (if different from the
address).
(2)
Name and phone number of person to contact concerning
industrial waste.
(3)
Average daily wastewater flow rates, including daily,
monthly and seasonal variations, if any.
(4)
Wastewater constituents and characteristics of the
sewage, industrial waste, or other wastes discharged to the sewer
system.
(5)
Time and duration of discharge.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections, and appurtenances
by size, location and elevation.
(7)
Description of activities, facilities and plant processes
on the premises, including all materials processed and types of materials
which are or could be discharged.
(8)
Each product produced by type, amount, process or
processes and rate of production.
(9)
Type and amount of raw materials processed.
(10)
Number and type of employees and hours of work.
(11)
Water consumption and uses.
(12)
Any other information as may be deemed by the
Director of Municipal Utilities to be necessary to evaluate the permit
application.
(13)
Completion of DEC industrial chemical survey.
B.
Application signatories and certification. All wastewater
discharge permit application and user reports must be signed by an
authorized representative of the user and contain the following certification
statement: "I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage this system, or those
persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
[Added 8-10-2000 by Ord. No. 13-2000]
C.
Reporting requirement.
[Added 8-10-2000 by Ord. No. 13-2000]
(1)
Baseline monitoring reports.
(a)
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director of Municipal Utilities a report which contains the information listed in Subsection C(1)(b) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director of Municipal Utilities a report which contains the information listed in Subsection C(1)(b) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b)
Users described above shall submit the information
set forth below:
[1]
Identifying information. The name and address
of the facility, including the name of the operator and owner.
[2]
Environmental permits. A list of any environmental
control permits held by or for the facility.
[3]
Description of operations. A brief description
of the nature, average rate of production and standard industrial
classifications of the operation carried out by such user. This description
should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated process.
[4]
Flow measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
[5]
Measurement of pollutants.
[a]
The categorical pretreatment standards
applicable to each regulated process.
[b]
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Director of Municipal Utilities, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 242-64 of this chapter.
[6]
Certification. A statement, reviewed by the
user's authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
[7]
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Subsection D of this section.
D.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection C(1)(b)[7] of this section:
[Added 8-10-2000 by Ord. No. 13-2000]
(1)
The schedule shall contain progress increments in
the form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction and beginning and
conducting routine operation).
(2)
No increment referred to above shall exceed nine months.
(3)
The user shall submit a progress report to the Director
of Municipal Utilities no later than 14 days following each date in
the schedule and the final date of compliance, including, as a minimum,
whether or not it complied with the increment of progress, the reason
for any delay and, if appropriate, the steps being taken by the user
to return to the established schedule.
(4)
In no event shall more than nine months elapse between
such progress reports to the Director of Municipal Utilities.
E.
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director of Municipal Utilities a report containing the information described in Subsection C(1)(b)[4] through [6] of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Subsection B of this section.
[Added 8-10-2000 by Ord. No. 13-2000]
F.
Periodic compliance reports.
[Added 8-10-2000 by Ord. No. 13-2000]
(1)
All significant industrial users shall, at a frequency determined by the Director of Municipal Utilities, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Subsection B of this section.
(2)
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean and maintained in good working
order at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
G.
Reports of changed conditions. Each user must notify
the Director of Municipal Utilities of any planned significant changes
to the user's operations or system which might alter the nature, quality
or volume of its wastewater at least 30 days before the change.
[Added 8-10-2000 by Ord. No. 13-2000]
(1)
The Director of Municipal Utilities may require the
user to submit such information as may be deemed necessary to evaluate
the changed condition, including the submission of a wastewater discharge
permit application under this section.
(3)
For purposes of this requirement, significant changes
include, but are not limited to, flow increases of 20% or greater
and the discharge of any previously unreported pollutants.
H.
Notice of violation; repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify the Director of Municipal Utilities within 24 hours of becoming
aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Director
of Municipal Utilities within 30 days after becoming aware of the
violation. The user is not required to resample if the Director of
Municipal Utilities monitors at the user's facility at least once
a month, or if the Director of Municipal Utilities samples between
the user's initial sampling and when the user receives the results
of this sampling.
[Added 8-10-2000 by Ord. No. 13-2000]
I.
The Director of Municipal Utilities will evaluate
the data furnished by the user and may require additional information.
After evaluation and approval of all data required, the Department
may issue an industrial waste discharge permit subject to the conditions
and terms provided herein.
[Amended 8-10-2000 by Ord. No. 13-2000]
Industrial waste discharge permits shall be
expressly subject to all provisions of these rules and regulations
and all other ordinances, regulations, charges and fees established
by the City of Auburn. The conditions of the industrial waste discharge
permit shall be uniformly enforced by the Director of Municipal Utilities
in accordance with these rules and regulations and applicable state
and federal regulations. The permits may contain the following:
A.
Effluent limitations or other appropriate limitations
when toxic substances are present in the user's wastewater discharge.
B.
Specifications for monitoring programs which may include
sample locations, frequency and method of sampling, number, types
and standards for analytical tests and reporting schedule.
C.
Requirements for submission of reports for conditions
of noncompliance.
D.
Requirements for submission of technical reports or
discharge reports.
E.
Pretreatment requirements.
F.
Requirements for the submission of information concerning
the disposal of waste material separated from the authorized discharge.
G.
Requirements for the installation of inspection and
sampling manhole or structure.
H.
Schedule of compliance allowing reasonable time to
conform to the effluent limitations of these rules and regulations.
I.
Limits on the average and maximum wastewater constituents,
flow rates and time of discharge.
J.
Requirements for maintaining records relating to wastewater
discharge as specified by the Department and affording Department
access thereto along with the specific right of the Department to
inspect and copy any pertinent records required to be maintained by
industrial users. 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 and analyses that 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 years. This period shall be automatically
extended for the duration of any litigation concerning the user of
the City of Auburn, or where the user has been specifically notified
of a longer retention period by the Director of Municipal Utilities
or the regional administrator.
[Amended 8-10-2000 by Ord. No. 13-2000]
K.
The computation and requirement for payment of the
industrial waste surcharge.
L.
Other conditions as deemed appropriate by the Department
to ensure compliance with these rules and regulations.
Industrial waste discharge permits shall be issued for a specified period of time not to exceed three years. A permit may be issued for a period less than one year or may be stated to expire on a specified date. If the permittee is not notified by the Department 30 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the Department during the life of the permit as limitations or requirements as identified by §§ 242-44 and 242-45 are modified or changed. The permittee shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Industrial waste discharge permits are issued
to a specific user for a specific operation. In the event of any change
in ownership of the industrial facility, the permittee shall notify
the new owner of the existence of the permit by letter, a copy of
which shall be forwarded to the Director of Municipal Utilities. If
the operations and processes are to remain the same, the permit will
be effective for the new owner. A new industrial waste discharge permit
must be issued to the new owner and facility if any other changes
are made other than the control of ownership.
Industrial waste discharge permits may be modified,
suspended or revoked where the Director of Municipal Utilities finds,
after a hearing held in conformance with the procedures set forth
in these rules and regulations:
A.
A violation of any term of the permit or any order
or determination of the Director of Municipal Utilities promulgated
under these rules and regulations;
B.
That the permit was obtained by misrepresentation
or failure to disclose fully all relevant facts; or
C.
A change in conditions or the existence of a condition
which requires either a temporary or permanent reduction or elimination
of the authorized discharge.
A.
Users who discharge, who propose to discharge, or
who in the judgment of the Director of Municipal Utilities could discharge
now or in the future wastewater with constituents and characteristics
different from that produced by a domestic premises may be required
to install a monitoring facility when in the opinion of the Director
of Municipal Utilities such facility is necessary.
B.
When in the judgment of the Director of Municipal
Utilities there is a significant difference in the wastewater constituents
and characteristics produced by different operations of a single user,
the Director of Municipal Utilities may require that separate monitoring
facilities be installed for each discharge.
C.
Monitoring facilities are to be constructed at a common
location into which all flows from the user are combined. Sanitary
wastewater may be excluded. Whenever the installation of a monitoring
facility in a common location is impossible or impractical, the user
shall construct and maintain, at the user's expense, in lieu of one
common monitoring facility, two or more monitoring facilities as required
by the Director of Municipal Utilities.
D.
Monitoring facilities that are required to be installed
shall be constructed, operated and maintained at the user's expense.
The purpose of the facility is to enable inspection, sampling and
flow measurement of wastewaters produced by the user. If sampling
and metering equipment is also required by the Department, it shall
be provided, installed, operated and maintained at the user's expense.
The monitoring facility will normally be required to be located on
the user's premises outside of the building. If the monitoring facility
is inside the user's fence, there shall be accommodation to allow
safe and immediate access for the Department personnel, such as a
gate secured with a Department lock. There shall be ample room on
or near such facility to allow accurate sampling and compositing of
samples for analysis. The entire facility and the sampling and measuring
equipment shall be maintained at all times in a safe and proper operating
condition by and at the expense of the user. In the event that no
special monitoring facility is required, sampling shall be conducted
at a point or points selected by the Director of Municipal Utilities.
The Director of Municipal Utilities and other
authorized employees of the Department and employees of the EPA and
DEC bearing proper credentials and identification shall be permitted
to enter all properties at all reasonable times for the purpose of
inspection, observation, sampling, flow measurement and testing to
ascertain compliance with these rules and regulations. The Department
shall have the right to set upon the user's property such devices
as are necessary to conduct sampling or flow measurement. Where a
user has security measures in force which would require proper identification
and clearance before entry to the premises, the user shall make necessary
arrangements so that, upon presentation of suitable identification,
personnel from the Department will be permitted to enter without delay
for the purposes of performing their specific responsibilities.
A.
Where necessary, in the opinion of the Director of
Municipal Utilities, users shall make wastewater acceptable under
the limitations established by these rules and regulations and by
§ 307 of the Federal Act before discharging into the City
sewer system. Any facilities required to pretreat wastewater to a
level acceptable to the Department shall be provided and maintained
at the user's expense. Detailed plans showing pretreatment facilities
and operating procedures shall be submitted to the Director of Municipal
Utilities for review and shall be approved by the Director of Municipal
Utilities before construction of the facility. The review and approval
of such plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as necessary
to produce an effluent complying with the provisions of these rules
and regulations.
B.
Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be approved by the
Department. When pretreatment regulations are adopted by the EPA or
DEC for any industry, then that industry must immediately conform
to the EPA or DEC timetable for adherence to federal or state pretreatment
requirements and any other applicable requirements promulgated by
the EPA or DEC in accordance with § 307 of Public Law 92-217.
Additionally, such industries shall comply with any other more stringent
standards necessitated by local conditions as determined by the Director
of Municipal Utilities.
A.
Each user shall provide protection from accidental
discharge of prohibited materials or other wastes regulated by these
rules and regulations. Facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the user's
expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the Director of Municipal
Utilities for review and shall be approved by the Department before
construction of the facility.
B.
Users shall notify the Department immediately upon
discharging wastes in violation of these rules and regulations due
to breakdown of pretreatment equipment, accidents caused by human
error or negligence or mechanical failure, or other causes, such as
acts of nature, to enable countermeasures to be taken by the Department
to minimize damage to the City sewers, treatment facilities, treatment
processes and receiving waters.
C.
The Director of Municipal Utilities shall be notified
within five days of the date of occurrence by a detailed written statement
describing the causes of the discharge and the measures being taken
to prevent future occurrences.
D.
Such notification will not relieve users of liability
for any expense, loss or damage to the sewer system, treatment facility
or treatment process, or for any fines imposed on the Department on
account thereof under § 309 of the Federal Act or any liability
for civil penalties under § 272-74.
[Amended 8-10-2000 by Ord. No. 13-2000]
E.
At least every two years, the Director of Municipal
Utilities shall evaluate whether each significant industrial user
needs an accidental discharge/slug control plan. Where the Director
of Municipal Utilities determines that a slug control plan is necessary,
the SIU is required to develop, submit for approval, and implement
such a plan. Alternatively, the Director of Municipal Utilities may
develop such a plan for any user at the user's cost. An accidental
discharge/slug control plan shall address, at a minimum, the following:
[Added 8-10-2000 by Ord. No. 13-2000; amended 11-20-2014 by Ord. No. 13-2014]
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the Director of Municipal Utilities of any accidental or slug discharge, as required by Subsection C above.
(4)
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
[Amended 8-10-2000 by Ord. No. 13-2000]
A.
When requested, the Director of Municipal Utilities
shall make available to the public, for inspection and/or copying,
information and data on industrial users obtained from reports, questionnaires,
permit applications, permit and monitoring programs and inspections,
unless the industrial user specifically requests, and is able to demonstrate
to the satisfaction of the Director of Municipal Utilities, that such
information, if made public, would divulge processes or methods of
production entitled to protection as trade secrets of the user. Wastewater
constituents and characteristics and reports of accidental discharges
shall not be recognized as confidential.
B.
Confidential information shall not be made available
for inspection and/or copying by the public but shall be disclosed
immediately with unlimited access, upon written request, to governmental
agencies for uses related to this chapter, or the SPDES permit, provided
that the governmental agency making the request agrees to hold the
information confidential, in accordance with state or federal laws,
rules and regulations. The Director of Municipal Utilities shall provide
written notice to the industrial user of any disclosure of confidential
information to another governmental agency.
[Added 8-10-2000 by Ord. No. 13-2000]
No statement in these rules and regulations
shall be construed as preventing any special agreement between the
Director of Municipal Utilities and any industrial concern whereby
an industrial waste of unusual constituents or characteristics may
be accepted by the Director of Municipal Utilities for treatment subject
to the proper payment by the industrial user, except that no agreement
shall violate any applicable state or local pretreatment standard
or requirements or federal standards or requirements or cause or contribute
to pass-through or interference.
In order that employees of the users are informed
of Department requirements, users should make available to their employees
copies of these rules and regulations together with such other wastewater
information and notices which may be furnished by the Department from
time to time directed toward more effective water pollution control.
A notice shall be furnished and permanently posted on the user's bulletin
board advising employees whom to call in case of an accidental discharge
in violation of these rules and regulations.
[Added 8-10-2000 by Ord. No. 13-2000]
A.
All measurements, tests and analyses of the constituents
and characteristics of waters and waste to which reference is made
in these rules and regulations shall be determined in accordance with
the latest version of 40 CFR Part 136, Analysis of Pollutants. If
40 CFR Part 136 does not contain sampling or analytical techniques
of the pollutant in question, sampling and analysis must be performed
in accordance with the procedures approved by the EPA.
B.
Sample collections.
(1)
Except as indicated in Subsection B(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Director of Municipal Utilities may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides and volatile organic compounds must be obtained
using grab collection techniques.
In addition to any other fees, charges, sewer
rents, or sanitary district taxes provided by law, the owner or tenant
of any parcel of real property connected with the City's sewer system
by any means shall pay an industrial sewer use charge for use of the
wastewater treatment works for discharging industrial wastes or other
wastes accepted for admission into the system. The industrial sewer
use charge shall consist of, but not be limited to, the following
charges:
[Amended 9-15-2011 by Ord. No. 9-2011]
The industrial sewer use charge shall be computed
by the Director of Municipal Utilities using the following formula
and shall apply to any industrial user at the discretion of the Director
of Municipal Utilities:
|
IC = {[(AvgTSS - LimitTSS) x RateTSS] + [(AvgBOD – LimitBOD) x RateBOD] + [(AvgCOD – LimitCOD) x RateCOD] + [(AvgO&G – LimitO&G)
x RateO&G] + [(AvgTKN – LimitTKN) x RateTKN] + [(AvgP – LimitP) x RateP]} x Flow(MG) x 8.34#/gal
| ||
|
Where:
| ||
|
IC
|
=
|
Industrial sewer use charge for the billing
period.
|
|
TSS
|
=
|
Total suspended solids (mg/l).
|
|
BOD
|
=
|
Biochemical oxygen demand.
|
|
COD
|
=
|
Chemical oxygen demand.
|
|
O&G
|
=
|
Oil and grease.
|
|
TKN
|
=
|
Total Kjeldahl Nitrogen.
|
|
P
|
=
|
Phosphorous.
|
The industrial sewer use charge shall be based
upon the measured or estimated constituents and characteristics of
the wastewater discharge of the user, which may include, but are not
limited to, flow rate, biochemical oxygen demand, total suspended
solids, phosphorus, nitrogen, and total organic carbon. The wastewater
constituents used to calculate the industrial sewer use charge will
be those determined by the Director of Municipal Utilities. Any data
provided by the user may be used in addition to the data obtained
by the Director of Municipal Utilities.
In applying the surcharge formula, the Director
of Municipal Utilities may represent flow discharged into the sewer
system by:
A.
The amount of water supplied to the premises as shown
on the water meter, or water records if the premises are metered;
B.
The volume of wastewater discharged into the sewer
system as determined by the measurements and samples taken at a monitoring
facility installed by the owner of the property served by the sewer
system;
C.
Allowances for water not discharged to the sewer system
will be made at the discretion of the Director of Municipal Utilities;
or
D.
A figure determined by the Director of Municipal Utilities
by any combination of the foregoing or by any other equitable methods.
A.
The pollutant concentration of any wastewater shall be determined from the analysis of representative samples taken prior to discharge into the City sewers, taken by representatives of the Director of Municipal Utilities at sampling stations as described in § 242-57 of these rules and regulations, at any period, or time, or of such duration and in such a manner as the Director of Municipal Utilities may elect, or at any place or manner mutually agreed upon between the user and the Director of Municipal Utilities. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day. Sampling results taken by the industry in compliance with conditions in an industrial wastewater permit may also be used by the Director of Municipal Utilities in determining an average pollutant loading rate for the billing period. This concentration may be derived according to the best judgment of the Director of Municipal Utilities.
B.
The analysis of samples taken shall be performed in
a laboratory of the Department or a laboratory designated by the Director
of Municipal Utilities. The industrial waste surcharge and/or the
acceptability of the wastes shall be determined from said analysis.
C.
All surcharges shall be based on the analysis of the
wastes from any plant or premises related to total volume of wastes
determined under this section of these rules and regulations. The
average value of the concentrations of pollutants measured during
a three-month period, quarterly, shall be used in calculating the
industrial waste surcharge.
D.
Whenever the wastes discharged from a premises to
a public sewer might be expected to show appreciable periodic variation
during the year due to manufacturing process or production variation
due to seasonal changes, the Director of Municipal Utilities may average
the results of the two or more series of analysis taken to reflect
these variations and thereby determine an average pollutant concentration.
In the event that a pollutant concentration
determined through sampling conducted by the Director of Municipal
Utilities is disputed by the industry, the industry may request that,
in future samples by the City, enough volume be collected for the
sample to be split in two parts. One part will be analyzed by the
City and the other will be analyzed by the industry at a certified
laboratory of its choice. The results of the industry analysis should
be sent to the Director of Municipal Utilities and will be given consideration
in determining average pollutant concentrations. Disputes will be
decided by the Director of Municipal Utilities subject to appropriate
action by the aggrieved industry.
Payment of the industrial sewer use charge within the time period allotted by the Director of Municipal Utilities shall be made to the City by the industrial user after receiving the industrial sewer use charge bill unless other arrangements for payment have been made and approved by the Director of Municipal Utilities. Failure to submit payment of any industrial sewer use charge as determined under §§ 242-65 through 242-69 will result in penalties and fines as prescribed under these rules and regulations.
A.
The Director of Municipal Utilities may, on his or
her own motion, investigate or make inquiry, in a manner to be determined
by him or her, as to any condition affecting the public sewer system
as to any alleged act or omission or failure to comply with any provision
of these rules and regulations and any permit, order or determination
issued thereunder.
B.
Whenever it shall appear to the Director of Municipal
Utilities, after investigation, that there has been a violation of
any of the provisions of these rules and regulations or any permit
issued thereunder, he or she shall give written notice to the alleged
violator or violators setting forth any thing or act done or omitted
to be done or claimed to be in violation of any such provisions and
requiring that the matters complained of be corrected or that the
alleged violator appear in person or by an attorney before the Director
of Municipal Utilities or his or her duly designated representative
at the time and place in said notice specified and answer the charges
complained of.
C.
At least 15 days' notice of such hearing shall be
given.
D.
Upon the return day of such notice the person so notified
shall file with the Director of Municipal Utilities a statement setting
forth the position of the person so notified, the answer, if any,
to the charges made against him or her, the methods, practices and
procedures, if any, which are being taken to correct each alleged
violation, and any other defenses or information pertinent to the
case. Pertinent and relevant testimony of witnesses shall be received
in support of or opposition to said statement.
E.
Following a hearing and after due consideration of the written and oral statements, and testimony and arguments filed pursuant to Subsection D above, or on default in appearance on said return day, the Director of Municipal Utilities may issue and enter such final order or make such final determination as he or she deems appropriate under the circumstances and shall notify such person or persons thereof, in writing, personally or by registered mail.
A.
The Director of Municipal Utilities, or any person
designated by him or her for this purpose, may issue subpoenas and
administer oaths in connection with any hearing or investigation under
or pursuant to the provisions of this article, and it shall be the
duty of the Director of Municipal Utilities and any persons designated
by him or her for such purpose to issue subpoenas at the request of
and upon behalf of the respondent.
B.
The Director of Municipal Utilities and those designated
by him or her shall not be bound by laws of evidence in the conduct
of hearing proceedings, but the determination shall be founded upon
sufficient legal evidence to sustain it.
C.
Notice of hearing shall be served at least 15 days
prior to the date of the hearing, provided that whenever, because
of danger to the public health, safety or welfare, it appears prejudicial
to the public interest to delay action for 15 days, the Director of
Municipal Utilities may serve the respondent with an order requiring
certain action or the cessation of certain activities immediately
or within a specified period of less than 15 days, and the Director
of Municipal Utilities shall provide an opportunity to be heard within
15 days after the date the order is served.
D.
Service of notice of hearing or order shall be made
by personal service or by registered or certified mail. Where service,
whether by personal service or by registered or certified mail, is
made upon an infant, incompetent, partnership, corporation, governmental
subdivision, board or commission, it shall be made upon the person
or persons designated to receive personal service by Article 3 of
the Civil Practice Law and Rules.
E.
The Corporation Counsel may prefer charges, attend
hearings, present the facts, and take any and all proceedings in connection
therewith.
F.
At a hearing, the respondent may appear personally,
shall have the right to counsel, and may cross-examine witnesses against
him and produce evidence and witnesses in his or her behalf.
G.
A record, or summary thereof, of the proceedings of
said hearings shall be made and filed with the Department. If requested
to do so by any party concerned with said hearing, the full stenographic
notes of the testimony presented at said hearing shall be taken and
filed. The stenographer shall, upon the payment of his or her fees
allowed by law therefor, furnish a certified transcript of the whole
or any part of his notes to any party to the action requiring the
same.
H.
Unless precluded by law, disposition may be made of any hearing by stipulation, agreed settlement, consent order, default, or other informal method. Within 10 days of the notice specified in Subsection C, the user may request a prehearing conference with the Director of Municipal Utilities' representative for an informal disposition of any or all charges.
I.
Upon request made by any party upon the Department
within a reasonable time, but prior to the time for commencement of
judicial review, of its giving notice of its decision, determination,
opinion or order, the agency shall prepare the record together with
any transcript of proceedings within a reasonable time and shall furnish
a copy of the record and transcript or any part thereof to any party
as he or she may request. Except when any law provides otherwise,
the Department is authorized to charge not more than its cost for
the preparation and furnishing of such record or transcript or any
part thereof, or the rate specified in the contract between the agency
and a contractor, if prepared by a private contractor.
J.
Upon application of any affected user, the Director
of Municipal Utilities may modify and amend any determination after
a hearing.
A.
Any person who violates any of the provisions of or
who fails to perform any duty imposed by these rules and regulations,
or any order or determination of the Director of Municipal Utilities
promulgated under these rules and regulations, or the terms of any
permit issued thereunder, shall be liable to the City for a civil
penalty not to exceed $1,000 for each such violation, to be assessed
after a hearing held in conformance with the procedures set forth
in these rules and regulations. Each violation shall be a separate
and distinct violation and, in the case of a continuing violation,
each day's continuance thereof shall be deemed a separate and distinct
violation. Such penalty may be recovered in an action brought by the
Corporation Counsel at the request of the Director of Municipal Utilities
in the name of the City in any court of competent jurisdiction. Such
civil penalty may be released or compromised by the Director of Municipal
Utilities before the matter has been referred to the Corporation Counsel,
and where such matter has been referred to the Corporation Counsel,
any such penalty may be released or compromised and any action commenced
to recover the same may be settled and discontinued by the Corporation
Counsel with the consent of the Director of Municipal Utilities.
B.
In addition to the power to assess penalties as set forth in Subsection A above, the Director of Municipal Utilities shall have the power, following a hearing held in conformance with the procedure set forth in these rules and regulations, to issue an order suspending, revoking or modifying the violator's permit, or enjoining the violator from continuing the violation. Any such order of the Director of Municipal Utilities shall be enforceable in an action brought by the Corporation Counsel at the request of the Director of Municipal Utilities in the name of the Department in any court of competent jurisdiction.
C.
Any civil penalty or order issued by the Director
of Municipal Utilities pursuant to this section shall be reviewable
in a proceeding pursuant to Article 78 of the Civil Practice Law and
Rules. Application for such review must be made within 60 days after
service, in person or by mail, of a copy of the determination or order
upon the attorney of record of the applicant and of each person who
has filed a notice of appearance, or the applicant in person, if not
directly represented by an attorney.
A.
Any person who willfully violates any provision of
these rules and regulations or any final determination or order of
the Director of Municipal Utilities made in accordance with these
rules and regulations shall be punished by a fine of not less than
$500 nor more than $1,000 or face appropriate civil/criminal prosecution.
Each offense shall be a separate and distinct offense, and, in the
case of a continuing offense, each day's continuance thereof shall
be deemed a separate and distinct offense.
Any person violating any of the provisions of
these rules and regulations shall, in addition, be civilly liable
to the City for any expense, loss or damage occasioned to the City
by reason of such violation.
The Corporation Counsel, on his or her own initiative
or at the request of the Director of Municipal Utilities, shall have
the right to seek equitable relief in the name of the City to restrain
the violation of, or to compel compliance with, these rules and regulations
or any order or determination issued thereunder by the Director of
Municipal Utilities.
A.
Notwithstanding any inconsistent provisions of law,
whenever the Director of Municipal Utilities finds, after investigation,
that any user is causing, engaging in or maintaining a condition or
activity which, in his or her judgment, presents an imminent danger
to the public health, safety or welfare or to the environment, or
is likely to result in irreversible or irreparable damage to the public
sewer system, and it therefore appears to be prejudicial to the public
interest to delay action until notice and an opportunity of a hearing
can be provided, the Director of Municipal Utilities may, without
prior hearing, order such user by notice, in writing wherever practicable
or in such other form as in the Director of Municipal Utilities' judgment
will reasonably notify such person whose practices are intended to
be proscribed, to discontinue, abate or alleviate such condition or
activity, and thereupon such person shall immediately discontinue,
abate or alleviate such condition or activity, or, where the giving
of notice is impracticable, in the event of a user's failure to comply
voluntarily with an emergency order, the Director of Municipal Utilities
may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 days, the Director
of Municipal Utilities shall provide the user an opportunity to be
heard in accordance with the provisions of these regulations.
B.
The Director of Municipal Utilities, acting upon the
belief that an emergency exists, shall be indemnified against any
personal liability that may arise in the performance of his or her
duties to protect the public health, safety or welfare or preserve
the public sewer system.
[Amended 8-10-2000 by Ord. No. 13-2000]
The Director of Municipal Utilities 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
12 months, were in significant noncompliance with the applicable pretreatment
standards and requirements. The term "significant noncompliance" shall
mean:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater 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;
[Amended 12-15-2016 by Ord. No.
14-2016]
B.
Technical review criteria (TRC) violations, defined here 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 numeric pretreatment standard or requirement, including instantaneous
limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH);
[Amended 12-15-2016 by Ord. No.
14-2016]
C.
Any other discharge violation that the Director of
Municipal Utilities 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;
D.
Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment or has resulted in
the Director of Municipal Utilities' exercise of his emergency authority
to halt or prevent such a discharge;
E.
Failure to meet, within 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;
F.
Failure to provide, within 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;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s) which may include a violation
of best management practices which the Director of Municipal Utilities
determines will adversely affect the operation or implementation of
the local pretreatment program.
[Amended 11-20-2014 by Ord. No. 13-2014]
