Division 4 — ADMINISTRATION

25-102: WASTEWATER DISCHARGERS:

It shall be unlawful to discharge without city approval to any natural outlet within the city or in any area under the jurisdiction of the city and/or to the POTW any wastewater except as authorized by the city in accordance with the provisions of this article. (Ord. 1636 § A, 7- 1-2003)

25-103: INDUSTRIAL USER WASTEWATER PERMIT APPLICATION:

A. General Permits: All significant industrial users connected to or proposing to connect to the POTW shall obtain an industrial user wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain an industrial user wastewater discharge permit within one hundred eighty (180) days after the effective date hereof.

B. Industrial User Wastewater Discharge Permit Application: Users required to obtain an industrial user wastewater discharge permit shall complete and submit the nonresidential wastewater discharge permit application form, accompanied by the required fee.

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue an industrial user wastewater discharge permit subject to terms and conditions provided herein.

C. Permit Modifications: The city may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

2. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the

time of wastewater discharge permit issuance;

3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

4. Information indicating that the permitted discharge poses a threat to the city's POTW, personnel, or the receiving waters;

5. Violation of any terms or conditions of the wastewater discharge permit;

6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required

reporting;

7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

8. To correct typographical or other errors in the wastewater discharge permit;

9. To reflect a transfer of the facility ownership or operation to a new owner or operator.

D. Permit Conditions: Industrial user wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits shall contain the following:

1. A statement of duration (in no case more than 5 years);

2. A statement of nontransferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing

control mechanism to the new owner or operator;

3. Effluent limits based on general pretreatment standards in section 25-82 of this article, categorical pretreatment standards, local limits, and state and local law;

4. Self-monitoring, sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on applicable pretreatment standards, categorical pretreatment standards, local limits, and state and local law;

   5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the compliance date beyond applicable federal deadlines.

E. Permit Duration: Permits shall be issued for a period not to exceed five (5) years. A permit may be issued for a period of less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modifications by the city during the term of the permit as limitations or requirements, as identified in division 2 of this article, sections 25-82 through 25-90, are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least sixty (60) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

F. Permit Transfer: Industrial user wastewater discharge permits are issued to a specific user for a specific operation. An industrial user wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

G. Permit Revisions: If an industrial user increases the concentration or type of pollutants in their discharge over their permitted levels, they must reapply for a permit to cover the increased discharge.

Discharge from a new source shall require a revision of the user's industrial user wastewater discharge permit. (Ord. 1636 § A, 7-1-2003)

25-104: REPORTING REQUIREMENTS FOR PERMITTEE:

Significant industrial users and categorical users shall submit monitoring reports and compliance schedule reports as described below:

A. Baseline Monitoring Report: Industrial users subject to categorical pretreatment standards shall submit a baseline report within one hundred eighty (180) days after the effective date of the standard or one hundred eighty (180) days after the final administrative decision made upon an industrial user that the industrial user must comply with the categorical standards, which ever is later. The report shall contain the following information: applicable environmental permits, description of operations, flow measurements, measurements of pollutants, certification by an authorized representative of the industrial user of whether pretreatment standards are being met on a consistent basis and, if not, a compliance schedule of additional operation and maintenance and/or additional pretreatment required to be in compliance.

1. Name and address of the facility including the name of the operator and owners;

2. A list of any environmental permits held;

3. A brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out

by the industrial user. This description should include a schematic diagram which indicates points of discharge from the regulated process to the POTW;

4. The user shall submit information showing the measured average daily flow, in gallons per day, to the POTW from each of the

following:

a. Regulated process streams; and

b. Other streams as necessary to allow use of the combined waste stream formula if so used;

5. a. The user shall identify the pretreatment standards applicable to each regulated process.

b. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration of regulated

pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations.

c. A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics.

For all other pollutants, twenty four (24) hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The control authority may waive flow proportional sampling for any industrial user that demonstrates that flow proportional sampling is infeasible. In such cases, samples may be obtained through time proportional sampling techniques or through a minimum of four (4) grab samples where the industrial user demonstrates that this will provide a representative sample of the effluent being discharged.

d. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of

this subsection.

e. Samples should be taken immediately downstream from the pretreatment facilities, if such exist, or immediately downstream from the regulated process, if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in order to evaluate compliance with the pretreatment standards.

f. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments

thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or the approval authority determines that part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the approval authority.

g. The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data

provides information sufficient to determine the need for industrial pretreatment measures.

h. The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such

sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

6. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating

whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.

7. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest

schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

B. Compliance Schedule Progress Report: The report required by subsection A7 of this section shall contain increments of progress (dates) for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet pretreatment standards (e.g., hiring an engineer, completing preliminary and final plans, executing contract for major components, commencing and completion of construction, etc.). No increment shall exceed nine (9) months. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the city indicating the status of compliance.

C. Contents Of Report: The report on compliance with categorical deadline shall contain the information listed in subsections A4 to A6 of this section. The reporting requirement may include the actual production during an appropriate sampling period for those users subject to allowable pollutant discharge per unit of production. This report shall be submitted within ninety (90) days of the final compliance with applicable pretreatment standards, or in the case of a new source, following the commencement of the introduction of waste discharge into the POTW system.

D. Periodic Reports, Categorical Users: Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for discharges from regulated process streams. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city may agree to alter the months during which the above reports are to be submitted.

Where the city has imposed mass limitations on industrial users this report shall indicate the mass of pollutants, regulated by pretreatment standards, in the discharge from the industrial user.

A certification is required by an authorized representative of the industrial user of whether pretreatment standards are being met on a consistent basis and, if not, a compliance schedule of additional operation and maintenance and/or additional pretreatment required to be in compliance. Records of all information resulting from any required monitoring activities must be maintained for a minimum of three (3) years.

E. Notice Of Potential Problems/Slug Loadings: All categorical and noncategorical industrial users shall notify the POTW immediately of all discharges, including any slug loadings, that could cause problems to the POTW.

F. Periodic Reports, Significant Industrial Users: Periodic compliance reports are required from significant industrial users not subject to categorical pretreatment standards. Reports are to be submitted to the city at least once every six (6) months, describing the nature, concentration and flow of the pollutants required to be reported. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with techniques outlined in 40 CFR 136 and as amended from time to time. The sampling and analysis may be performed by the city in lieu of the significant noncategorical industrial user. If this is the case, the significant noncategorical industrial user will not be required to submit the report.

G. Monitoring And Analysis To Demonstrate Compliance: Reports in subsections A, C, D and F of this section shall contain the results of samplings and analyses of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city, of pollutants contained therein which are limited by the applicable pretreatment standards. The sampling and analysis may be performed by the city in lieu of the industrial user. If this is the case, the industrial user will not be required to submit the report. If sampling preformed by the industrial user indicates a violation, the user shall notify the POTW within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results to the city within thirty (30) days of becoming aware of the violation.

H. General Reporting Requirements: All reports required by this section shall contain the following certification:

I certify under penalty of law this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons immediately responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

I. Signatures: All reports in this section shall be signed as follows:

1. By a responsible corporate officer if the industrial user submitting the reports required by subsections A, C and D of this section is

a corporation.

A "responsible corporate officer" shall mean:

a. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other

person who performs similar policy or decision making functions for the corporation.

b. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty five million dollars ($25,000,000.00), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. By a general partner or proprietor if the industrial user submitting the reports required by subsections A, C and D of this section is

a partnership or sole proprietorship, respectively.

3. By a duly authorized representative of the individual designated in subsection I1 or I2 of this section if:

   a. The authorization is made in writing by the individual described in subsections I1 and I2 of this section;

   b. The authorization specifies either an individual or a person having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

   c. The written authorization is submitted to the control authority.

   4. If an authorization under subsection I3 of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection I3 of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

All sampling and analysis shall be performed in accordance with procedures established by the administration pursuant to section 304(h) of the act and contained in 40 CFR part 136 and as amended from time to time or any other test and sampling procedures approved by the city.

If an industrial user subject to the reporting requirements of subsection D or F of this section monitors any pollutant more frequently than required by the city using the procedures in subsection G of this section, then the industrial user shall include the results of this monitoring in their report.

Records of all information resulting from any required monitoring activities must be maintained for a minimum of three (3) years. (Ord. 1636 § A, 7-1-2003)

25-105: MONITORING FACILITIES:

The city shall require, to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises; but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the city.

If the monitoring facility is inside the user's fence, there shall be accommodations to allow access for city personnel, such as a gate secured with a city lock. (Ord. 1636 § A, 7-1-2003)

25-106: INSPECTION AND SAMPLING:

The city shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all times for the purpose of inspections, sampling, records examination and record copying or in the performance of any of their duties. Access to the primary sampling point and meter location shall be unrestricted. All other access shall be requested in advance. The city, approval authority, and (where the NPDES state is the approval authority) the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and the EPA will be permitted to enter without delay for purposes of performing their specific responsibilities. (Ord. 1636 § A, 7-1-2003)

25-107: PRETREATMENT:

Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or methods of operation shall be reported to, and acceptable to, the city prior to the user's initiation of the changes. These requirements apply to both permitted and nonpermitted industrial users.

In addition, all nonpermitted industrial users are required to provide notice of changes in wastewater flow and characteristics to the city so that the city can review and deny or condition these contribution changes.

The city shall annually publish in the largest daily newspaper published in the municipality a list of the users which were in significant noncompliance with applicable pretreatment requirements. "Significant noncompliance" is defined as meeting one or more of the following:

A. Chronic violations of wastewater discharge limits, defined as those in which sixty six percent (66%), or more, of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

B. Technical review criteria (TRC) violations, defined here as those in which thirty three percent (33%), or more, of all of the

measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of daily maximum limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW's exercise of its emergency authority under section 25-114 of this article to halt or prevent such a discharge;

E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in the city's control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance;

H. Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the city's pretreatment program.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request. (Ord. 1636 § A, 7-1-2003)

25-108: CONFIDENTIAL INFORMATION:

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, the portions of a report which might disclose 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 article, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; however, such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.

Wastewater constituents and characteristics will not be recognized as confidential information.

Records of all information resulting from any required monitoring activities must be maintained for a minimum of three (3) years and available for inspection and copying by the city, state and EPA. This period of retention may be extended during the course of unresolved litigation regarding the discharge from an industrial user or the operation of the POTW pretreatment program or when requested by the state or EPA. These requirements apply to both permitted and nonpermitted industrial users. (Ord. 1636 § A, 7-1-2003)