Clayton Municipal Code Ch. 13.06 Source Control (pretreatment)

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Editor's note— Title 10 of the Central Contra Costa Sanitary District, as amended, is hereby adopted by reference, pursuant to the provisions of Government Code §§ 50022.2, et seq., together with said District's local discharge limits as a "primary code", and the National Pretreatment Standards as a "secondary code" and the same are each hereby incorporated as if set forth in full as part of the City's Municipal Code. The City hereby delegates full authority to the District to conduct enforcement action against any user within the City of Clayton sewer system for violations of Title 10 of the District's Code. The District is hereby given the responsibility of administering the District's pretreatment program within the City of Clayton sewer service area consistent with all applicable federal and state regulations." This Ordinance was introduced at a regular meeting of the City Council of the City of Clayton held on October 6, 1992 and shall become effective 30 days from the passage of said ordinance. Click here for Title 10 - Source Control (please be patient the document is 75 pages)

A. Administration by sanitary district. The city contracts with the City of Concord ("Concord") for sewer services. Under the parties' agreement, sewage treatment services are provided by the Central Contra Costa Sanitary District ("District"). Since the operation of the District's facilities can be affected by sewage deposited into the city sewage treatment system, especially by industrial users, and the District has the personnel and expertise to undertake the administration of industrial discharges, the city hereby delegates to District the authority to administer this section as indicated.

B. Applicability of District requirements. Domestic sewage may be discharged into the sewer system without screening. All industrial waste shall meet the requirements of Title 10 of the District's code.

C. Screening and pretreatment devices. The District may require, either before or after connection of any premises to the sewer system, that the owner or occupant install suitable screening and pretreatment devices on such premises to prepare industrial waste so that the sewer system can adequately treat such waste by the normal treatment processes of the sewer system. The District may also require, at any time, that approved mechanical measuring and recording devices be installed on any premises. All such screening, pretreatment, measuring, and recording devices shall be installed at the sole expense of the owner or occupant of such premises and subject to the approval of the District. The District shall have the right, at any time, to check the operation of any such screening, pretreatment, measuring, or recording device and to read and make records of all readings of any such measuring or recording device. In any case where any such screening or pretreatment device is installed, the owner or occupant of such premises shall, at his own expense, remove and dispose of all waste material retained upon the screens and/or not approved by the District for disposal through the sewer system.

D. Prohibited and restricted discharges. No person shall discharge, or cause to be discharged, the following substances into the sewer system:

1. 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 city's, Concord's or the District's facilities or personnel or to the operation of the city's, Concord's or the District's facilities. At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five (5) percent nor any single reading over ten percent (10%) of the lower explosive limit (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, any other substances which the District, the state, or the EPA has notified the user is a fire hazard or a hazard to the system;

2. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to: grease, garbage with particles greater than one-half 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, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing, or fuel, or lubricating oil, mud, or glass grinding or polishing wastes;

3. Any wastewater having a pH less than five and one-half (5.5) or equal to or greater than eleven and one-half (11.5), or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the city, Concord or the District.

4. Any wastewater containing hazardous 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 human or animal health or safety, create an adverse effect on the waters of the State, or exceed the limitations set forth in a national pretreatment standard;

5. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;

6. Any substance which may cause the treatment plant's effluent or any other product of the treatment plant, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the District's facilities cause the plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Federal Water Pollution Control Act, a/k/a Clean Water Act (33 USC 1251 et seq.) on file at the District office;

7. Any substance which will cause the treatment plant to violate its NPDES 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 plant resulting in interference, but in no case wastewater with a temperature at the introduction into the plant which exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit), unless the treatment plant is designed to accommodate such temperature, or with a temperature at the point of discharge to the city's, Concord's or the District's collection system which exceeds sixty-five (65) degrees Celsius (one hundred fifty (150) degrees Fahrenheit);

10. Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the treatment plant. In no case shall a slug load have a flow rate or contain concentrations or qualities of pollutants that exceed, for any time period longer than fifteen (15) minutes, more than five (5) times the average twenty-four-hour concentration, quantities, or flow during normal operation;

11. Any wastewater containing any radioactive wastes or isotopes exceeding any limits set forth in 10 CFR 20.2003;

12. Any wastewater which causes a hazard to human life or creates a public nuisance;

13. Non-wastewater:

a. Any stormwater, groundwater, rain water, street drainage, subsurface drainage, yard drainage, swimming pool or spa water and/or diatomaceous earth filter backwash, unless a specific permit is issued by the District. The District may approve such discharge only when no reasonable alternative is available or such water is determined to constitute a pollution hazard if not discharged to the sewer;

b. If approval is granted for the discharge of such water into the sewer system, the user shall pay the applicable wastewater service charges and fees and meet such other conditions that may be required by the District;

14. Any unpolluted water, including but not limited to cooling water, process water, or blow-down from cooling towers or evaporative coolers, or any other unpolluted water, without written approval of the District. The District may approve the discharge of such water only when no reasonable alternative method of disposal is available or such alternative, in the determination of the District, is unacceptable;

15. Any septic tank sludge, holding tank waste, portable toilet waste, grease interceptor waste, or sand oil interceptor waste unless a permit is issued by the District.

A. Adoption. Pursuant to the provisions of Government Code § 50022.1 et seq., there is hereby adopted, by reference, the provisions of Title 10 of the Central Contra Costa County Sanitary District Code, entitled "Source Control (Pretreatment)," consisting of Sections 10.04 through 10.32 inclusive as adopted on October 2, 2008, and the local discharge limits of the Central Contra Costa County Sanitary District which became effective September 1, 2007. The District is authorized to enforce the provisions of Title 10 and the local discharge limits within the city to the same extent that said ordinance and discharge standards are enforced within the District.

B. Enforcement.

1. Enforcement mechanisms.

a. It is the intent of this enforcement section to provide adequate mechanisms to achieve a maximum degree of compliance with Title 10 of the District's code by all users. These enforcement provisions apply to all classes of users to the extent such user violates any provision of Title 10 or administrative order of the District pursuant to Title 10. In order to achieve the maximum degree of compliance desired, the District will use a variety of enforcement mechanisms. The enforcement mechanisms set forth range from informal administrative action to formal criminal prosecution. The District may, in its discretion, implement the use of any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of the District's Source Control (Pretreatment) Ordinance. The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of the state and the United States of America. Nothing in the District's Source Control (Pretreatment) Ordinance is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of the District's Source Control (Pretreatment) Ordinance which also constitutes a violation of federal or state statutes and regulations, such as: (1) the Clean Water Act (33 USCA Section 1251 et seq.), (2) the California Porter-Cologne Water Quality Act (Water Code § 13000 et seq.), (3) the California Hazardous Waste Control Law (Health and Safety Code §§ 25100—25250, (4) the Resource and Conservation and Recovery Act (42 USCA Section 6901 et seq.), and (5) Government Code §§ 54739—54740.6. The referenced state and federal laws, along with other pertinent laws, provide authority for the District's enforcement mechanisms.

b. The enforcement mechanisms available to the District for violations of the provisions of the District's Source Control (Pretreatment) Ordinance, applicable District resolutions and permit or permit contract provisions include the following:

(1) Informal administrative action (including notice of violations and warning notices).

(2) Administrative orders.

(3) Institution of sampling and evaluation programs, enforcement compliance schedule agreements, and related administrative orders.

(4) Assessment of charges for obstruction or damage to District facilities or operations.

(5) Suspension or termination of services.

(6) Administrative complaints for administrative civil penalties.

(7) Civil action.

(8) Criminal action.

2. Informal administrative actions. District staff may, on an informal basis, take action against a discharger for minor violations or technical or clerical shortcomings of a user or a user's compliance submittals. These informal administrative actions may include informal notices (i.e., telephone calls to the user's representative), a notice of violation (NOV), and informal meetings or informal warning letters. These informal administrative actions may establish a compliance schedule for the discharger to follow in order to document compliance. Such action will not prevent a subsequent or concurrent imposition of other enforcement mechanisms.

3. Administrative orders and compliance schedules.

a. When the District finds that a user has violated the prohibitions or requirements of the District's Source Control (Pretreatment) Ordinance, or the provisions of a wastewater discharge permit or wastewater discharge permit contract, the District may issue an administrative order directed at those users not complying with such prohibitions, limitations, requirements, or provisions to (1) cease to discharge immediately (suspension of service); (2) comply with requirements immediately; or (3) make such changes to their pretreatment facility and procedures immediately as to insure full compliance.

b. At its discretion, the District may later issue, after the issuance of the administrative order set forth above, an additional administrative order containing a compliance schedule or a time schedule setting forth dates by which specific corrective actions must be completed.

4. Sampling and evaluation (S&E) programs.

a. Grounds for instituting S&E programs. In addition to those grounds set forth in Section 10.12.060.A.6 of the District's Source Control (Pretreatment) Ordinance, grounds for instituting an S&E program include compliance sampling or District sampling indicating a significant noncompliance (SNC). The S&E program may consist of District sampling of the discharger's wastewater at the first opportunity convenient to the District, upon which daily samples may be taken each day for up to five (5) days. The District or outside laboratory will analyze these samples for the violating constituents and provide notice to the discharger in regard to the results of said sampling. Violations which may occur during the S&E program shall constitute subsequent violations under the District's Source Control (Pretreatment) Ordinance or under any applicable law.

b. S&E program revealing noncompliance. If the S&E program reveals noncompliance by the user with the prohibitions or specific pollutant limitations specified in the District's Source Control (Pretreatment) ordinance or in the user's permit or permit contract:

(1) The user may be assessed all costs incurred during the S&E program for sampling and analysis, including labor, equipment, materials, outside services, and overhead.

(2) The District may place the user on a compliance schedule or undertake another S&E program. The compliance schedule shall provide for minimum required actions to be undertaken by the discharger to alleviate the violation and a schedule for completion of said actions. The compliance schedule may include interim constituent level maximums. All violations of constituent maximums or other requirements set forth in the compliance schedule, including failure to meet schedule dates, shall constitute violations of the District's Source Control (Pretreatment) Ordinance and other applicable laws, and each day a discharger fails to meet a schedule date shall constitute a separate violation. Any constituent limit violation during the compliance schedule period shall provide grounds for the institution of an additional S&E program.

(3) The District may amend an existing permit through an enforcement compliance schedule agreement (ESCA). This may be done after consultation with the user when the user has shown good faith in trying to comply but requires additional time for construction and/or acquisition of equipment related to pretreatment. The permit may be amended with the ESCA for a period of up to one hundred eighty (180) days; however, this period may be extended for a period not to exceed an additional one hundred eighty (180) days upon determination by the General Manager/Chief Engineer of the District that good cause exists for an additional period. No further extensions shall be granted except upon approval of the District Board of Directors.

(4) Any other enforcement mechanism set forth in the District's Source Control (Pretreatment) Ordinance or other applicable law may be commenced.

c. Continued noncompliance after S&E program or ESCA. If a discharger remains in noncompliance because corrective action is not taken within a reasonable time after completion of an S&E program or the expiration of an ESCA, an administrative order may be issued. Any of the other enforcement mechanisms set forth in the District's Source Control (Pretreatment) Ordinance or applicable laws may also be commenced.

5. Assessment of charges for obstruction or damage to District facilities or operations. When a user's discharge, whether due to negligence, accident, spill or otherwise, causes an obstruction, damage, or any other impairment to the District's operation or facilities, the District may impose a charge on the user for the cost to clean or repair the facility, or costs incurred to resume normal operations. An administrative service fee of twenty-five percent (25%) of the District's costs may be added to these charges. The total amount shall be paid within forty-five (45) days of invoicing by the District. If it can be shown that the user's discharge caused or significantly contributed to the District violating its discharge requirements or incurring additional expenses or suffering loss or damage to the operation or facilities, the user shall be responsible for any costs or expenses, or a prorated portion of such expenses, including assessments or penalties imposed by other agencies or the court on the District.

6. Suspension or termination of service.

a. Suspension of service.

(1) The District may suspend the wastewater treatment service and/or a wastewater discharge permit or wastewater discharge permit contract by issuance of a cease and desist order when the District makes the determination that such suspension is necessary. A suspension shall be justified in order to prevent an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of individuals or the environment, causes or may cause interference to the treatment plan or other District operations, or causes or may cause the District to violate any condition of its NPDES permit. Additionally, a permit may be suspended for any of the conditions set forth justifying revocation of permit or termination of permit contract as set forth in Section 10.16.060.B of the District's Source Control (Pretreatment) Ordinance. Nothing in this subsection will limit the rights of the District to suspend or terminate service pursuant to specific permit or permit contract conditions which may be more stringent.

(2) Any industrial user notified of a suspension of service and/or the wastewater discharge permit or wastewater discharge permit contract shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the administrative order, the District shall take such steps as deemed necessary to prevent or minimize damage to the District's facilities or endangerment to persons or the environment. The District may reinstate the wastewater discharge permit, the wastewater discharge permit contract, and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.

b. Revocation of permit or termination of permit contract. Any user who violates the following conditions is subject to having its permit revoked or permit contract terminated:

(1) Any user who knowingly gives or provides a false statement, representation, record, report, plan or other document to the District or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the District's Source Control (Pretreatment) Ordinance;

(2) Failure of a user to factually and completely report the wastewater constituents and characteristics of its discharge;

(3) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(4) Refusal or reasonable access to the user's premises for the purpose of inspection or monitoring;

(5) Failure of a user to notify the District immediately of an accidental discharge and/or take appropriate corrective action to prevent a reoccurrence;

(6) Failure of a user to file a periodic compliance report or periodic compliance report in such time and in such manner as is required by the District's Source Control (Pretreatment) Ordinance;

(7) Significant violation(s) of the permit contract requirements or conditions and/or any violation of the discharge standards where a constituent concentration is determined to be five (5) times the concentration standards set forth in the District's Source Control (Pretreatment) Ordinance or any series of three (3) or more violations of the same constituent within a one-year period, shall constitute a significant violation;

(8) Failure to pay fees and charges or penalties established pursuant to the District's Source Control (Pretreatment) Ordinance.

c. Immediate termination of discharge. In the case of an actual or threatened discharge which reasonably appears to present an imminent danger to the health or welfare of person, the District may, after reasonably attempting to informally notify the user, take all necessary steps to halt or prevent such discharge, including, but not limited to, plugging or physically disconnecting the user's access to the District wastewater system.

7. Administrative civil penalties.

a. Pursuant to the authority of Government Code §§ 54739—54740.6, the District or District staff may issue administrative complaints, conduct administrative hearings, and/or impose civil penalties in accordance with the procedures set forth in these sections for violation of the District's requirements relating to pretreatment of industrial waste or the prevention of the entry of industrial waste into the District's collection system or treatment works.

b. These penalties shall be as follows:

(1) In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports.

(2) In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedule established by the District.

(3) In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the District.

(4) In an amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, cease and desist order, or other orders, or prohibition issued, reissued, or adopted by the District.

c. Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within thirty (30) days.

d. As to court actions authorized by the above-referenced sections, District counsel, or other special counsel designated by the District Board, shall institute appropriate actions to effect statutorily authorized remedies, upon order of the District Board.

8. Civil action. The District Board may direct District counsel or other special counsel to bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of the District's Source Control (Pretreatment) Ordinance and to recover such charges, fees, penalties, and/or damages as may be assessed or may be incurred under the provisions of the District's Source Control (Pretreatment) Ordinance.

a. Injunction. Whenever a discharge of wastewater is in violation of the provisions of the District's Source Control (Pretreatment) Ordinance, the District may petition the Superior Court for issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

b. Civil actions for penalties. Any user who violates any provision of the District's Source Control (Pretreatment) Ordinance, permit condition or permit contract condition, or who violates any cease and desist order, prohibition or effluent limitation, shall be liable civilly for a penalty not to exceed twenty-five thousand dollars ($25,000.00) for each day in which such violation occurs pursuant to Government Code § 54740. Pursuant to the authority of the Clean Water Act, 33 USCA § 1251 et seq., any user committing a violation of any provision of the District's Source Control (Pretreatment) Ordinance, which is also a violation of a pretreatment standard, effluent standard or limitation, or other applicable provision of the Clean Water Act, shall be liable civilly for sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. District counsel, or other special counsel designated by the Board, upon order of the District Board, shall institute such actions as may be appropriate in the appropriate court to impose, assess, and recover sums.

9. Criminal action.

a. General criminal penalties. Any person who violates any provision of the District's Source Control (Pretreatment) Ordinance, permit, or permit contract, or who violates any administrative order, prohibition or effluent limitation, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than thirty (30) days in the county jail, or both. Each day a violation occurs may constitute a new and separate offense and may subject the violator to an additional full measure of penalties as set forth herein.

b. Falsifying information.

(1) Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to the District's Source Control (Pretreatment) Ordinance, or wastewater discharge permit, or wastewater discharge permit contract, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the District's Source Control (Pretreatment) Ordinance, shall upon conviction be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than thirty (30) days, or both. Each separate act of falsification, tampering, or knowingly rendering inaccurate shall constitute a new and separate offense and shall be subject to the penalties contained herein.

(2) Nothing in this section is intended to exclude the potential for prosecution under the applicable perjury statutes of the state to the extent such falsification was incorporated in a document signed under penalty of perjury.

10. Notification procedures.

a. Notification to user. Whenever the District finds that any user has violated or is violating the provisions of the District's Source Control (Pretreatment) Ordinance, a wastewater discharge permit, a wastewater discharge permit contract, or any prohibition, limitation or requirements contained herein, the District may serve upon such a person a written notice stating the nature of the violation. Within thirty (30) days of the date of this notice, a plan for the satisfactory correction of the violation shall be submitted to the District by the user.

b. Notification to District. When a user discovers that it has violated or is violating a provision of the ordinance, its wastewater discharge permit, its wastewater discharge permit contract or any prohibition, limitation, or requirement contained herein, including a violation as may be caused by the accidental discharge or spill, the user shall immediately notify the District upon discovery of such violation. Thereafter, within five (5) days following the accidental discharge or discovery of a violation, the user shall submit to the District a detailed written report, describing the accidental discharge or violation, and the measures taken by the user to prevent similar future occurrences. This written report regarding the violation may be included as part of a periodic compliance report or other report as may be required under the District's Source Control (Pretreatment) Ordinance, as long as the written report is provided within the five (5) days of discovery, which notification shall not relieve the user of any expense, penalty, fee, or other liability which may be incurred as a result of the violation.

11. Costs. All costs associated with the District's undertaking of enforcement actions pursuant to the District's Source Control (Pretreatment) Ordinance, including attorney's fees or civil actions undertaken, shall be paid by the user. These costs may include, but not be limited to, the costs for termination of service, reinstitution of service, compliance sampling and analysis and administrative activities undertaken by the District. However, if the user prevails in an appeal to the Board of Directors or a civil action taken to nullify an enforcement action pursued by the District under the District's Source Control (Pretreatment) Ordinance, the user shall not be responsible for the costs incurred by the District in pursuing said enforcement action.

12. Responding to significant noncompliance. Any violation of pretreatment standards or requirements (limits, sampling, analysis, reporting and meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement including penalties. However, the District is required to identify violations or patterns of violations by industrial users that are deemed to be instances of significant noncompliance (SNC). To the extent that a violation or pattern of violations is determined to be SNC, the District shall give additional priority to enforcement actions with regard to that industrial user. Additionally, the determination of significant noncompliance shall be used as the basis for reporting same to the regulatory authorities and publishing the list of significant noncompliers as is required of the District by law. For purposes of this provision, a Significant Industrial User (or any Industrial User that violates Sections 10.16.0110 A. 3 or 4, or 10.16.0110 E.) is in significant noncompliance if its violation meets one or more of the following criteria:

a. Violations of wastewater discharge limits.

(1) Chronic violations. Violations in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter during a 6 month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR CFR(l).

(2) Technical review criteria violations. Violations in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

(3) Other effluent limit violations. Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the District determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through (including adverse effect on any toxicity testing); or endangered the health of the sewage treatment personnel or the public.

(4) Danger to human health or welfare. This category also includes any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the publicly owned treatment works' (POTW) exercise of its emergency authority to halt or prevent such a discharge.

b. Violation of compliance milestones. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a District permit or administrative order for starting construction, completing construction, or attaining final compliance.

c. Failure to provide proper data. Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

d. Failure to accurately report. Failure of a user to accurately and promptly report any noncompliance. Any attempt to circumvent the reporting requirements or otherwise withhold noncompliance data from the District shall be subject to SNC status.

e. Other violations. Any other violation or group of violations, which may include a violation of Best Management Practices, that the District determines may adversely affect its operations or the accomplishment of the objectives of this Ordinance.