A. 
Generally. No user shall contribute, or cause to be contributed, directly or indirectly, any pollutant or wastewater that will pass through or interfere with the operation or performance of the City's sewerage system. This general prohibition applies to all users of the City's system, including any user subject to national categorical pretreatment standards or to any other federal, state, or local pretreatment standard or requirement.
B. 
Specific prohibitions and limitations. Except as otherwise provided, no person shall, either directly or indirectly, discharge or cause to be discharged into the City's sewerage system any of the following substances, materials or wastes:
(1) 
Any liquids, solids, or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction, to cause fire or explosion, including any waste stream with a closed-cup flashpoint of less than 60º C. (140º F.). This class of prohibited substances includes, but is not limited to, gasoline, benzene, naphtha and fuel oil.
(2) 
Solid or viscous substances in amounts or of such size capable of causing or contributing to an obstruction of the flow in a sewer or any other interference with the operation of the sewerage system.
(3) 
Any wastewater having a pH less than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the City's sewerage system.
(4) 
Any noxious or malodorous liquids, gases, or solids that, either singly or by interaction, are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
(5) 
Any substance resulting in toxic gases, vapors, or fumes within the City's sewerage system in a quantity that may cause acute worker health or safety problems.
(6) 
Any substance that may cause the City's effluent or treatment residues, sludge, or scum to be unsuitable for reclamation and reuse or that may interfere with the reclamation process.
(7) 
Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(8) 
Any wastewater having a temperature that shall inhibit biological activity in the wastewater treatment plant resulting in interference. However, the temperature of any wastewater introduced into the wastewater treatment plant shall not, under any circumstances, exceed 40º C. (104º F.).
(9) 
Any slug or pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate or pollutant concentration that may cause interference with the City's sewerage system.
(10) 
Any wastewater containing radioactive wastes or isotopes of such half-life or concentration as exceed limits established by City, state, or federal regulations.
(11) 
Any wastewater containing poisonous or toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to human or animal life, create a public nuisance, or exceed the limitations set forth in state or federal categorical pretreatment standards.
(12) 
Petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin that may cause interference or pass-through, or wastewater containing more than 50 mg/l of any of these substances.
(13) 
Wastewater containing more than 300 mg/l of fat, wax, oil or grease of animal or vegetable origin, whether emulsified or not, unless approved by the Utility Manager.
(14) 
Wax, grease, oil, plastic or any substance that solidifies or becomes discernibly viscous.
(15) 
Any improperly ground garbage. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for consumption on the premises or when served by caterers.
(16) 
Any wastewater or wastes containing any objectionable or toxic substance to such degree that such material received in the composite wastewater at the wastewater treatment plant exceeds the limits established by this chapter, by the City's WPDES permit, or by any applicable state or federal law or regulation. The applicable limits shall apply to each outfall from an industrial user with multiple outfall connections to the City's sewerage system.
(17) 
Incompatible pollutants containing substances that are not amenable to treatment or reduction by the wastewater treatment processes employed by the City.
(18) 
Any unpolluted waters, such as stormwater, groundwater, roof runoff, surface runoff, subsurface drainage, sump pump water, or cooling water. Stormwater runoff from limited areas, which may be polluted at times, may be discharged to a sanitary sewer by permission of the Utility Manager. Stormwater and all other unpolluted drainage, industrial cooling water or process waters shall be discharged to storm sewers or, if approved by the Utility Manager and any other necessary regulatory agency, to any other natural outlet.
(19) 
Any wastewater or waste containing the following pollutants in excess of the specified concentration limits, unless approved by the Utility Manager. These limits shall apply to all users of the system and each outfall from an industrial user with multiple outfall connections to the City's sewerage system.
[Amended 11-19-2013 by Ord. No. 1973(7)]
Ammonia
224(1) mg/l
Arsenic, total
0.6 mg/l
Cadmium, total
1.5 mg/l
Copper, total
6.0 mg/l
Cyanide, total
2.9 mg/l
Hexane extractable materials (This limit applies to results obtained using Method 1664, as established by 40 CFR 136.)
300 mg/l
Lead, total
2.0 mg/l
Mercury, total
.0026 mg/l
Molybdenum
.01 mg/l
Nickel, total
4.0 mg/l
Selenium, total
.03 mg/l
Silver, total
5.8 mg/l
Zinc, total
8.0 mg/l
C. 
Additional limitations. If the Utility Manager determines that a user is contributing to the City's sewerage system any substance not otherwise prohibited by Subsection B in such amounts as to pass through or interfere with the operation or performance of the City's system, he shall:
(1) 
Advise the user of the impact of the contribution on the City's sewerage system; and
(2) 
Develop effluent limitation(s) for such user to correct the pass-through or interference with the City's sewerage system or, if appropriate, issue to the user a discharge permit under § 259-13.
[Added 3-17-2009 by Ord. No. 1879(21)]
A. 
Dental offices.
(1) 
This section applies to any dental office that places or removes amalgam. If work in a dental office is limited to work that does not involve placing or removing amalgam, such as orthodontics, periodontics, oral and maxillo-facial surgery, endodontics or prosthodontics, then this section does not apply.
(2) 
Dental offices in existence on the date of enactment of this section are subject to the deadlines for compliance with this section set forth in Subsection A(4) through (8) below, as established by the City.
(3) 
All dental offices shall implement best management practices for amalgam as established by the Wisconsin Dental Association.
(4) 
Within the shortest reasonable time, but not later than December 31, 2009, every vacuum system where amalgam is placed or removed shall include an amalgam separator that meets the criteria of the International Standards Organization (ISO 11143). Dental offices shall install, operate and maintain the amalgam separator according to instructions provided by the manufacturer. The amalgam separator shall have a design and capacity appropriate for the size and type of vacuum system.
(5) 
On or before April 30, 2009, each dental office shall submit a schedule for the installation of the amalgam separator required by Subsection A(4) above.
(6) 
On or before December 31, 2009, each dental office shall submit a report to the City that certifies the implementation of the management practices required by Subsection A(3) above and identifies the contractors used to remove amalgam waste within the last twelve (12) months.
(7) 
On or before December 31, 2009, each dental office shall submit a report providing the following information:
(a) 
If installation of the amalgam separator is complete, then the report shall identify the installation date, the manufacturer and the model name.
(b) 
If installation of the amalgam separator is incomplete, then the report shall briefly explain the delay, provide an installation schedule and identify the manufacturer and the model name of the amalgam separator that will be installed.
(8) 
If a dental office has provided a report according to Subsection A(7)(b) above, then the dental office shall notify the City of the completion of the installation within five days after completion.
(9) 
The City shall provide forms for reporting the information required by Subsection A(5) through (8) above. All completed forms shall be submitted to the City of Burlington Wastewater Treatment Plant.
(10) 
From the contractor(s) used to remove amalgam waste, dental offices shall obtain records for each shipment showing the volume or mass of amalgam waste shipped; the name and address of the destination and the name and address of the contractor. Dental offices shall retain these records for a period of five years, and shall make these records available to City personnel for inspection and copying upon request.
(11) 
Annually on or before January 31, each dental office shall submit a report to the City of Burlington Wastewater Treatment Plant that lists the volume or mass of amalgam waste shipped, the name and address of the destination and the name and address of the contractor(s) used to remove amalgam waste within the previous calendar year. The report shall also set forth all maintenance performed on the amalgam separator within the previous calendar year, including inspections, cleaning, repairs and other maintenance. The City shall provide forms for reporting the information required by this Subsection A(11). All completed forms shall be submitted to the City of Burlington Wastewater Treatment Plant.
(12) 
Dental offices shall permit the City to inspect the vacuum system, amalgam separator, and amalgam waste storage areas if requested. Inspections shall occur during the normal operating schedule of the dental office according to appointments made in advance, as long as this advance notice does not impede enforcement of this section.
(13) 
If a dental office is implementing the management practices required by Subsection A(3) above and is operating and maintaining the amalgam separator required by Subsection A(4) above, then with regard to mercury it will not be subject to the regulatory procedures and requirements as set forth elsewhere in this chapter; however, if the dental office fails to meet such standards, the provisions of this chapter shall apply.
B. 
Other facilities.
(1) 
This section applies to all other facilities having the potential to discharge mercury or mercury-containing material to the City's sanitary sewer system. Facilities to which this section applies include:
(a) 
Medical facilities, including all hospitals, clinics and veterinary facilities that have laboratories.
(b) 
School facilities, including all public and private schools with science laboratories, including middle schools, high schools, technical schools, colleges and universities, but not elementary schools.
(c) 
Industrial facilities, including all industrial plants that historically or consistently discharge mercury into the wastewater treatment plant and industrial plants with the potential for mercury in their wastewater.
(2) 
The City shall identify and notify the facilities to be regulated under this Subsection B within 30 days after the effective date of this section. All facilities identified after the effective date of this section shall be notified individually by the City that they are subject to regulation under this Subsection B.
(3) 
All facilities regulated under this Subsection B shall implement best management practices as established by the Wisconsin Department of Natural Resources (DNR) and the City of Burlington. On or before July 31, 2009, each facility regulated under this section shall submit a report to the City that identifies the management practices already implemented and lists the anticipated dates for implementing the other management practices listed on the report. New facilities identified under Subsection B(2) above shall submit this report within three (3) months of notification.
(4) 
By December 31, 2009, all facilities regulated under this Subsection B shall submit a report to the City that certifies the implementation of the management practices described in Subsection B(3) above. New facilities identified under Subsection B(2) above shall implement best management practices and submit a certification report within six months of submittal of the report required under Subsection B(3) above.
(5) 
The City shall provide forms for reporting the information required by Subsection B(3) and (4) above. All completed forms shall be sent to the City of Burlington Wastewater Treatment Plant.
(6) 
If a facility is implementing the management practices required by Subsection B(3) and (4) above, then with regard to mercury it will not be subject to the regulatory procedures and requirements as set forth elsewhere in this chapter; however, if the facility fails to meet such standards, the provisions of this chapter shall apply.
A. 
Generally. When deemed necessary by the Utility Manager, a user shall provide preliminary wastewater treatment or processing facilities to comply with the requirements of this chapter or to achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facility required to pretreat wastewater to a level in compliance with the provisions of this chapter or applicable pretreatment standards shall be provided, operated, and maintained at the user's expense. Detailed plans and specifications for, and other pertinent information relating to, the pretreatment facility and proposed operating procedures shall be submitted to the Utility Manager for review and approval prior to construction of the facility. The submitted facility design shall, at a minimum, reflect adequate reliability and redundancy to prevent the discharge of untreated wastewater. The Utility Manager's review of the plans and operating procedures shall not relieve the user of the responsibility of modifying the facility as necessary to produce an effluent in compliance with the provisions of this chapter. Any subsequent changes in the pretreatment facility or methods of operation shall be reported to and approved by the Utility Manager prior to the user's initiation of the changes.
B. 
National categorical pretreatment standards.
(1) 
All industrial users in the regulated industrial categories or subcategories, except new sources, shall comply with the applicable categorical pretreatment standards within the time period specified in the applicable standard. New sources shall comply with applicable categorical pretreatment standards on the date their wastewater is first discharged to the City's sewerage system.
(2) 
Whenever practicable, the Utility Manager shall notify all affected users of the applicable recording requirements under this chapter, 40 CFR Part 403, and Ch. NR 211, Wis. Admin. Code. The failure of the Utility Manager to provide such notification shall not relieve the user of its reporting responsibilities under either state or federal law.
C. 
State requirements. State requirements and limitations on discharges shall apply if they are more stringent than federal requirements and limitations.
D. 
Right of revision. The City may establish by ordinance more stringent limitations or requirements on discharges to its sewerage system if deemed necessary to comply with the objectives set forth in this chapter.
E. 
Dilution prohibited. No user shall increase its use of potable or process water or in any other way attempt to dilute its wastewater as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the categorical pretreatment standards or in any other pollutant-specific limitation developed by the City or the state.
F. 
Accidental discharges.
(1) 
Protection facilities. Each user shall provide protection from the accidental discharge of a slug or of prohibited or regulated substances specified by this chapter. If necessary, facilities to prevent such accidental discharges shall be provided and maintained at the user's expense. Detailed plans and specifications for the facility and proposed operating procedures adopted to provide this protection shall be submitted to the Utility Manager for review and approval prior to commencement of its construction. The Utility Manager's review and approval of such plans and operating procedures, however, shall not relieve the user from the responsibility of modifying its facility as necessary to meet the requirements of this chapter.
(2) 
Notice. A user shall immediately notify the Utility Manager, either orally or in writing, of the occurrence of a slug or accidental discharge of any substance prohibited or restricted by this chapter. The notification shall include location, date, and time of the discharge, type of waste, concentration and volume, and initial corrective actions taken. Within five days of its initial notification, the user shall submit a written report to the Utility Manager detailing the nature of the discharge, the measures already taken, the results of those actions, and the possible need for permanent corrective measures.
(3) 
Notice to employees. A notice shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall advise all employees who may cause or discover such a discharge of the emergency notification procedures.
(4) 
User liability. Any user which discharges a slug or a prohibited or restricted substance shall be liable to the City for any City-incurred expenses, losses or damages caused by or resulting from the slug or the discharge of a prohibited or restricted substance, including any fines paid by the City for violation of any state or federal law. This liability of the user shall be in addition to any penalties or sanctions imposed by the City on account of the slug or discharge of a prohibited or restricted substance.
A. 
Reporting requirements.
(1) 
New sources. In addition to any federal or state reporting requirements. each new source shall prepare and file with the Utility Manager a waste disposal questionnaire form and a hazardous waste disposal questionnaire form containing actual or predicted data on the quantity and characteristics of the wastes to be discharged. The new source shall also submit plans and specifications and any other pertinent information relating to proposed flow equalization, pretreatment, or processing facilities to the Utility Manager for review and approval prior to the start of any construction.
(2) 
Notification of change. An industrial user shall promptly notify the Utility Manager in advance of any substantial change in the volume, concentration or character of pollutants in its discharge, including any hazardous waste as described in Subsection B(2).
B. 
Industrial discharges.
(1) 
If an industrial user discharges, or proposes to discharge, any wastewater or any other waste to the City's sewerage system which, in the judgment of the Utility Manager, may, either singly or in combination with other sources, have deleterious effects on the sewerage system, treatment processes or receiving waters, create a hazard to life or health, or constitute a public nuisance, the Utility Manager may:
(a) 
After notice to the industrial user, immediately and effectively halt or prevent the continued discharge of any or all of the industrial user's wastewater.
(b) 
After notice to the industrial user and an opportunity to respond, halt or prevent the discharge of any or all of the industrial user's wastewater.
(c) 
Require pretreatment to an acceptable condition or, if necessary, to normal domestic strength wastewater for discharge to the City's sewerage system.
(d) 
Require control over the quantities and rates of discharge.
(e) 
Require payment to cover the added cost of handling and treating the wastewater in accordance with the provisions of § 259-8.
(2) 
Notification.
(a) 
As required by 40 CFR § 403.12(p), an industrial user shall notify the City, the EPA, and the DNR in writing of any discharge to the City's sewerage system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. The notification shall 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 (e.g., continuous, batch, or other). An industrial user need only submit one notification for each hazardous waste discharged. However, notification of changed discharges must be submitted in accordance with the requirements of Subsection A(2).
(b) 
If the industrial user submits a notification under this Subsection B(2), it shall also certify to the City that it has a program in place to reduce the volume or toxicity of hazardous wastes generated to the degree economically practical.
C. 
Monitoring facilities.
(1) 
Each nonresidential user shall, at the discretion of the Utility Manager, construct and maintain one or more sampling manholes to facilitate inspection, flow measurement, and sampling of the nonresidential user's wastewater and wastes, including domestic wastewater.
(2) 
Sampling manholes shall be located and built in a manner acceptable to the Utility Manager and according to City of Burlington Standard Specifications for Sewer and Water Construction (see Appendix C).[1] If measuring devices are to be permanently installed, they shall be of a type acceptable to the Utility Manager. Plans for installation of the sampling manholes or access facilities and related equipment shall be approved by the Utility Manager prior to the beginning of construction.
[1]
Editor's Note: Appendix C is on file at the City Clerk's office.
(3) 
The nonresidential user shall install the sampling manholes and related equipment at its own expense and shall maintain them in a safe, accessible, and operational condition at all times.
(4) 
If more than one nonresidential user discharges into a common sewer, the Utility Manager may require installation of separate monitoring equipment for each user. If through different operations a nonresidential user produces waste streams of significantly different constituents and characteristics, the Utility Manger may require that separate monitoring facilities be installed for each separate discharge.
D. 
Inspection and sampling.
(1) 
Subject to the approval of the Utility Manager, each significant industrial user, and certain other industrial users as required by the Utility Manager, shall install, operate, and maintain inspection and sampling facilities. Access to the inspection and sampling location shall be provided to the Utility Manager at all times.
(2) 
Each industrial user shall allow the Utility Manager to enter its premises at all reasonable hours for purposes of:
(a) 
Inspection of records, any pretreatment facility maintained and operated on the premises, and any monitoring facilities;
(b) 
Sampling;
(c) 
Setting up on the industrial user's property any additional devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, if the devices installed by the user are considered to be inaccurate or malfunctioning; and
(d) 
Generally ensuring the industrial user's compliance with the requirements of this chapter and all applicable state and federal laws and regulations.
(3) 
Sampling.
(a) 
All industrial wastewater discharged into the City's sewerage system shall be subject to periodic sampling and analysis by the City to determine its character and concentration for future sewer charge and regulatory purposes. The City's costs for this sampling and analysis shall be borne by the industrial user.
(b) 
If an industrial user at any time contests a City determination, the City may, at its sole discretion, elect to have an independent laboratory determine the character and concentration of the user's wastewater for future sewer charge and regulatory purposes. The industrial user shall assume all costs in connection with the work of the independent laboratory.
(4) 
All wastewater samples shall be collected in such a manner as to be representative of the composition of the wastewater. Samples shall be collected in a manner to ensure their preservation in a state comparable to that at the time the samples were taken.
(5) 
Any of the provisions of Subsection D(1), (2) or (3) may be modified by special agreement between the City and an industrial user.
E. 
Analyses. All measurements, tests, and analyses for the nature, concentration and characteristics of wastewater shall be performed in accordance with the Standard Methods and with the applicable regulations and techniques contained in 40 CFR Part 136.
F. 
Grease/sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utility Manager, they are necessary for proper handling of liquid wastes containing floatable grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. The interceptors shall be located so as to be readily and easily accessible for cleaning and inspection and shall be of a type and capacity approved by the Utility Manager. All affected users shall maintain the interceptor(s) and be responsible for the proper removal and disposal of the captured material. Each affected user shall maintain records, subject to review by the Utility Manager, of the dates and means of disposal of the material. Maintenance reports shall be submitted to the Utility Manager, on forms provided by the Utility Manager, by January 31 of each year. Any removal and hauling of the collected materials shall be performed by the user's personnel or by a currently licensed disposer.
G. 
Sludge generated. Sludge, floats, skimmings and other similar wastes generated by an industrial user shall not be introduced into the City's sewerage system. Such wastes shall be contained, transported, and disposed of by haulers in accordance with all applicable federal, state, and City regulations.
A. 
When required. The City reserves the right to require that the wastewater discharge of a significant industrial user be subject to and governed by a City-issued discharge permit. If the City exercises this option, it shall notify the affected significant industrial user of the permit requirement and shall direct the user to apply for and obtain a discharge permit within 90 days after the date of notification. If the user does not obtain a permit within the ninety-day period, it may not discharge its wastewater to the City's system, unless the City has agreed to an extension of time for issuance of the permit.
B. 
Application.
(1) 
The application for a discharge permit shall be made on a form provided by the City. Together with the application, the significant industrial user shall submit any scientific, testing, or other necessary data or information required by the Utility Manager and an application fee as set by the Common Council.[1] The Utility Manager may, at his discretion, personally inspect the premises, equipment, and material of the applicant as part of the permitting process.
[1]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
(2) 
The Utility Manager shall evaluate the data furnished by the significant industrial user. After evaluation and acceptance of the data furnished, the Utility Manager shall either issue a discharge permit to the user subject to any of the conditions prescribed by Subsection C or deny the application based on any of the reasons specified by Subsection E.
C. 
Permit conditions. A wastewater discharge permit shall be subject to all of the provisions of this chapter and all other applicable regulations, user charges, and fees established by the City. A permit may contain the following:
(1) 
The schedule of charges and fees associated with the user's discharge to the City's sewerage system.
(2) 
Limits on the average and maximum wastewater constituents and characteristics.
(3) 
Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization.
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
Requirements for installation and maintenance of pretreatment facilities.
(6) 
Specifications for monitoring programs that may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule.
(7) 
Compliance schedules.
(8) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording the City access to them.
(9) 
Other conditions as deemed appropriate by the Utility Manager to ensure compliance with this chapter.
D. 
Permit duration. A discharge permit shall be issued for a period of two years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit.
E. 
Denial of permit. The Utility Manager shall not issue a discharge permit to any applicant whose discharge to the City's sewerage system, whether shown on the application (including any submitted data) or determined by inspection of the premises, is not in conformance with all applicable federal and state laws and regulations or the requirements and conditions of this chapter. The Utility Manager shall state in writing the reasons for denial of the application and the right of the applicant to appeal the determination and, if appropriate, seek a variance. The Utility Manager shall serve on the applicant, either personally or by registered or certified mail, return receipt requested, the written denial.
F. 
Appeal for variance.
(1) 
Procedure.
(a) 
If its application is denied by the Utility Manager, the significant industrial user may petition the Common Council to review the denial and, if appropriate, to grant a variance to cure the objections of the Utility Manager. The Common Council shall review the permit application, the written denial, and any other relevant evidence that the applicant and the Utility Manager shall present to it for consideration. The decision of the Common Council shall be final and shall be consistent with the City's WPDES permit.
(b) 
The appeal procedures prescribed by § 259-33 shall control, including the time limitation for initiation of an appeal.
(2) 
When granted. To the extent consistent with the Act and the applicable provision of state law, the Common Council may grant individual variances beyond the limitations prescribed in §§ 259-10, 259-11 and 259-12 whenever it finds that, based on the presentation of adequate proof, the user's compliance with the provisions of those sections would result in an unnecessary hardship to it.
(3) 
Council findings. The Common Council shall not vary the regulations of this chapter unless it finds, based on the evidence presented in each case, that:
(a) 
Because of the particular physical characteristics of the property or wastewater involved, a particular hardship to the user would result, as distinguished from a mere inconvenience based on a strict application of the regulations.
(b) 
The variance sought is based on conditions unique to the property or wastewater involved and not generally applicable to other properties.
(c) 
The variance sought is not based solely on economic considerations.
(d) 
The variance sought is not contrary to the public interest and will not be detrimental to the public health, safety, and welfare.
(e) 
The variance sought is not based on a self-created hardship.
(4) 
Conditions. In granting a variance, the Common Council may impose such conditions, exceptions, time limitations, duration and other limitations as the policies of this chapter, the Act, and applicable state law may require.
(5) 
Agency approval. No variance shall be deemed granted until the City has received written approval from the EPA and the DNR as to the proposed variance and its terms and conditions.
(6) 
Term. A variance granted by the Common Council shall not exceed five years and shall be granted on the condition that the affected user make periodic progress reports as the Common Council shall specify. A variance may be extended from year to year by the Common Council but only if satisfactory progress has been shown.
(7) 
Issuance of permit. If the Common Council reverses the Utility Manager's determination, the Utility Manager shall issue to the significant industrial user a discharge permit within 10 days of the Council's decision. The Utility Manager shall incorporate into the permit any appropriate condition specified in Subsection C and all limitations expressly imposed by the Council through its decision.
(8) 
Revocation. If the limits of a variance are exceeded or if any of the terms of a variance are violated, it may be revoked on 30 days' written notice to the user. Within that thirty-day period, the affected user may request a hearing on the proposed revocation. The hearing shall be conducted in accordance with the procedures prescribed by § 259-33.
G. 
Permit modifications.
(1) 
The terms and conditions of a permit may be modified by the Utility Manager during the term of the permit as limitations or requirements prescribed by this chapter or by federal or state law are revised or as other just causes exist. The user shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(2) 
Whenever a national categorical pretreatment standard or pretreatment requirement is promulgated, the Utility Manager shall revise the discharge permit of those users subject to such standard or requirement to require the users' compliance within the time frame prescribed by the standard or requirement.
H. 
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A discharge permit shall not be reassigned, transferred, or sold to a new owner, user, different premises, or a new or changed operation without the approval of the Utility Manager. Any successor owner or user shall also comply with the terms and conditions of the existing permit.
I. 
Order to cease. If a significant industrial user discharges any waste materially or substantially different in type, nature, or volume than allowed by the discharge permit, it shall immediately, on order of the Utility Manager, discontinue its discharge and shall be subject to any penalties or other sanctions provided by this chapter.
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests that it not be released and is able to demonstrate to the satisfaction of the Utility Manager that the release of such information would divulge processes or methods of production entitled to protection as trade secrets or proprietary information.
B. 
When requested by the user, those portions of a report furnished by the user to the Utility Manager disclosing trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter and the City's WPDES permit. Wastewater constituents and characteristics shall not be recognized as confidential information. Information accepted by the Utility Manager as confidential shall not be transmitted to any governmental agency by the Utility Manager unless a five-day notification is first given to the user.
All significant industrial users shall maintain records of all monitoring activities and results (whether or not such monitoring is required under this chapter) for a minimum of three years. This period of retention shall be extended during the course of an unresolved litigation or when requested by the City, the EPA, or the DNR. These records shall include for all samples:
A. 
The date, exact place, method and time of sampling, and the names of the person(s) taking the samples;
B. 
The dates the analyses were performed;
C. 
Who performed the analyses;
D. 
The analytical techniques/methods used; and
E. 
The results of analyses.