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
|
[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.
(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.
(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.
(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.
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.
(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).
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.
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.
(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:
