(A) The objectives of this sub-chapter are:
(1) To prevent the introduction of pollutants into the city sanitary sewerage systems which will interfere with the operation of the system;
(2) To prevent the introduction of pollutants into the city sanitary sewerage system which will pass through the system, inadequately treated, into receiving waters or the atmosphere otherwise will be incompatible with the system;
(3) To ensure that the quality of the city's wastewater treatment plant sludge is maintained at level which allows its beneficial reuse;
(4) To protect the city and city personnel who may come into contact with sewage, biosolids and effluent in the course of their employment as well as protecting the general public;
(5) To preserve the hydraulic capacity of the city's wastewater system;
(6) To provide for equitable distribution of the cost of operation, maintenance and improvement of the city's wastewater system; and
(7) To ensure the city is able to comply with its NPDES permits conditions, biosolids use and disposal requirements and any federal or state laws which the city's wastewater system subject to.
(B) This sub-chapter provides for the regulation of discharges to the city wastewater system through the issuance of permits to certain industrial users, through establishment of general requirements for other users, authorizes monitoring and enforcement activities, establishes administrative review procedures and requires user reporting.
(C) This sub-chapter shall apply to all activities within the boundaries of the city, and to activities and persons outside the city who cause or permit a discharge, direct or indirect, to the city's sanitary sewerage systems.
(Ord. 1941, passed 11-24-97)
(A) Abbreviations. The following are a list of abbreviations that may appear in the document and be relative to the USEPA National Pretreatment Program:
(B) Definitions. For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If this section expressly provides a different definition than ordinances or resolutions of the city, this section shall prevail. Certain terms are listed with reference to a specific statute or rule, which definitions are incorporated by reference.
(1) The president, secretary or a vice president of the corporation in charge of principal business function or any other person who performs similar policy or decision-making functions for the corporation; or
(2) The manager of one or more manufacturing, production or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(a) If the industrial user is a partnership, association or sole proprietorship, Authorized Representative shall mean a general partner or the proprietor.
(b) If the individual user is representing federal, state or local governments, or an agent thereof, an Authorized Representative shall mean a director or highest official, appointed or designated to oversee the operation and performance of the activities of the government facility.
(c) The individuals described in the divisions above may designate another Authorized Representative of the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for the environmental matters for the company, and the authorization is submitted to the city.
(1) Inhibits or disrupts the municipal wastewater system, its treatment processes operations, or its solids handling processes; use or disposal; and
(2) Therefore is a cause of a violation of any requirements of the NPDES permit (including an increase in magnitude or duration of a violation) or of the prevention of biosolids use or disposal in compliance with the following statutory provisions and regulations of permit issued thereunder (or more stringent state or local regulations); Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), (including Title H, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act, as defined in 40 CFR 403.3 (i).
(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307 (c) of the Act which will be applicable to the source, if the standards are thereafter promulgated in accordance with this section provided that:
(a) The building, structure, facility or installation is constructed at a site where no other source is located;
(b) The building, structure, facility or installation completely replaces the process production equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site in determining whether there are substantially independent factors as the extent to which a new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building, structure facility or installation meeting the criteria of the divisions above but otherwise alters, replaces or adds to existing process or production equipment.
(3)Construction of a New Source as defined under this division has commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous on-site construction program:
1. Any placement, assembly or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation or removal existing buildings, structures or facilities which is necessary for the placement, assembly or installation of New Source facilities or equipment;
(b) Entered into a binding contractual obligation for the purchase of facilities equipment that is intended to be used in its operation within a reasonable time.Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this division.
(1) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Sub-chapter N;
(2) Any other industrial user that discharges an average of 25,000 gallons per day or more process wastewater to the POTW (excluding sanitary, non-contact cooling and boiling blow-down wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather, hydraulic or organic capacity of the POTW treatment plant; or is designated as by the Control Authority as defined in 40 CFR 403.12 (a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8 (f)(6)); and
(3) Upon finding that an industrial user meeting the criteria in division (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR 403.12 (a)) may at any time, on its own initiative or in response to a petition receive from an industrial user or POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that the industrial user is not a significant user.
- Slugload. Any pollutant including BOD and COD, released in a non-routine, episodic, non-customary batch discharge at a flow rate or concentration which has the potential to cause a violation of the specific discharge prohibitions in §51.092.
- Storm Drain or Storm Sewer. A sewer which carries stone and surface waters and drainage, but excludes sewage and industrial waste, other than unpolluted cooling waters.
- Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.
- Suspended Solids or Total Suspended Solids (TSS). The total suspended matter that floats on the surface of, or is suspended in water, wastewater or other liquid, and which is removable by laboratory filtering.
- Treatment Plant. The portion of the POTW designed to provide treatment of sewage and industrial wastes.
- Toxic Pollutants or Pollutants. Those substances listed in 40 CFR Part 122, Appendix D, which is expressly incorporated herein, and any other substance(s) which, either singly or by interaction, may injure or interfere with any wastewater treatment process; may constitute a hazard to humans or animals; or may exceed any limitation adopted as a Categorical Pretreatment Standard.
- Upset. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this regulation, or limitation of a discharge permit, due to factors beyond the reasonable control of the discharger and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless improper operation thereof.
- USEPA.The United States Environmental Protection Agency.
- User. Any person who contributes, causes or permits the contribution of wastewater into the city wastewater collection system and treatment facility. User is also defined as the person who is responsible for the payment of the sewer system charge.
- User Charge. The periodic charges levied on all users of the public treatment works, and shall, at a minimum, cover each user's proportionate share of the cost of operation and maintenance.
- Waste. Wastewater and all other Waste substances, liquid, solid or gaseous Waste resulting from any industrial, manufacturing, trade or business process or from the development recovery or processing of natural resources.
- Wastewater. Waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.
- Wastewater System or System or City Wastewater System or City System . All city treatment works; all city sewers, pipes, and other conveyances discharging thereat and all devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature.This shall include any portion of the system owned and maintained by a city.
- Watercourse. A channel in which a flow of water occurs, either continuous or intermittently.
(Ord. 1941, passed 11-24-97)
(A) General discharge prohibitions.
(1) No person shall discharge or cause to be discharged any storm water, surface water, ground water, road runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
(2) Storm water and all other unpolluted drainage shall be discharged to the sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the City Administration. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city and applicable regulatory agencies to a storm sewer, combined sewer or natural outlet.
(3) No Industrial User (IU) shall discharge, cause or permit to be discharged, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general and specific prohibitions apply to all IUs of the city's wastewater system whether or not the user is subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.
(B) Specific discharge prohibitions. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes into the 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 to cause fire or explosion or be injurious in any other way to the facilities or operations of the city. This prohibition include waste streams with a closed cup flash point of less than 140°F or 6°C, using the test method specified in 40 CFR 261.21; or any waste stream which two consecutive readings on an explosive hazard meter, at the point discharge into the system (or at any point in the system), are more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.
(2) The flammable or explosive substances including, but are not limited to, gasoline, kerosene, naphtha, benzene, hexane, toluene, xylene, ethers, alcohols, ketones, aldehyde peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(3) Solids (greater than ½-inch in any dimension) or viscous substances (including but not limited to petroleum oil, non-biodegradable cutting oil or products of mineral oil origin which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system including, but not limited to: animal and vegetable-based fats, wax, grease or oils, emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65°C).
(4) Any wastewater having a pH less than 5.5 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, personnel of the city system, unless the city approves the waste in variance because special conditions in the system, but in no case shall the pH be less than 5.0.
(5) (a) Any wastewater containing pollutants or other wastes in sufficient quantity (flow concentration including, but not limited to BOD, COD, etc.), either singly or by interaction, to pass through or interfere with any wastewater treatment or solids handling and utilization process, or constitute a hazard to humans or animals, or to exceed any limitations adopted as categorical pretreatment standards.
(b) A toxic pollutant shall include, but not be limited to, any pollutant identified in the “Toxic Pollutant List” set forth in 40 CFR Part 122, Appendix D.
(c) All toxic pollutants shall be deemed to be prohibited or regulated substances for purposes of this sub-chapter.
(6) Any noxious or malodorous liquids, gases, solids or other wastewater which 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. No discharge shall result in toxic gases, vapors or fumes within the collection or treatment system in a quantity that may cause worker health and safety problems.
(7) Any substance which may cause the system's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process or any substance which may cause the system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state standards applicable to the solids management methods being used.
(8) Any sludges, screenings or other residues from the pretreatment of industrial wastes.
(9) Any substance discharged in such a strength as to potentially cause the city system to violate its NPDES and/or other disposal system permits.
(10) Any trucked or hauled pollutants, except at discharge points designated by the city.
(11) Any substances identified as hazardous waste according to 40 CFR Part 261, except specifically authorized by the city.
(12) Any wastewater having a temperature which will inhibit biological activity in any city treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW (measured at the nearest downstream manhole) which exceeds 104°F or 40°C.
(13) Any slugload.
(14) Any unpolluted water including, but not limited to, non-contact cooling water, rainwater, groundwater, surface drainage, roof drainage, water from yard fountains, ponds or pool (except filter backwash water from swimming pools and to reject water) unless prior written approval has been obtained from the city.
(15) Any wastewater containing any radioactive wastes or isotopes (except those included in “Oregon Regulations for the Control of Radiation,” OAR 333-22-150, of the half-life or concentration as to exceed limits established by the city or any applicable state or federal regulations.
(16) Any wastewater which imparts color which cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent thereby violating the city NPDES permit.
(17) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids (such as but not limited to fullers, earth, lime substrate and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate);
(b) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions);
(c) Unusual BOD, chemical oxygen demand (COD) or chlorine requirements in the quantities as to constitute a significant load on the sewage treatment works; and/or
(d) Unusual volume of flow or concentrations of wastes constituting “slugs” as defined herein.
(18) Waters or wastes containing substances which are not amenable to treatment or reduction by sewage treatment processes employed or are amenable to treatment only to the degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(19) Wastes prohibited by this section shall not be processed or stored in a manner so that these wastes could be discharged to the municipal wastewater system.
(C) Dilution. No user shall increase the use of potable or process water in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this sub-chapter or its discharge permit or in lieu of proper disposal of any material as solid waste. The city may impose mass limitations on dischargers that in its judgment appear to be using dilution to meet applicable pretreatment standards or requirements of this section, or in cases where the imposition of mass limitations is otherwise deemed appropriate by the city.
(D) More stringent limitations. The city retains the right to amend this sub-chapter to provide for more stringent limitations or requirements on discharges to the city system when deemed necessary.
(E) Categorical pretreatment standards. IU's subject to categorical pretreatment standards are required to comply with applicable standards set out in 40 CFR Chapter 1, Sub-chapter N, Parts 405-471.
(F) State requirements. Users are required to comply with applicable state pretreatment standards and requirements set out in OAR Chapter 340. These standards and requirements are incorporated herein.
(G) Specific pollutant limitations and local limitations. In addition to categorical pretreatment standards referenced in other portions of this sub-chapter, no SIU shall discharge wastewater containing pollutants into the system in excess of limitations specified in its wastewater discharge permit or other limits established by the city. The city may establish and revise from time to time standards for specific restricted substances. These standards shall be developed in accordance with 40 CFR Section 403.5 and shall implement the objectives of this subchapter. Standards established in accordance with this section will be deemed pretreatment standards for the purposes of Section 307(d) of the Act. Wherever a discharger is subject to both categorical pretreatment standards and a local limit for a give pollutant, the more stringent shall apply.
(H) Mass limitations. The city may issue mass limitations for dischargers in addition to or in place of concentration-based limitations.
I) Grease interceptor. A grease interceptor shall be installed on all building sewers for all commercial and multiple dwelling unit users. Any conversion to commercial or multiple dwelling use may be required to install a grease interceptor. The requirement for a grease interceptor may be waived by the city administration when a written request is filed indicating all of the following:
(1) The waste stream from the commercial establishment meets the terms of domestic waste defined in this sub-chapter; and
(2) No kitchen facilities for public service or service to more than ten residents or dwelling units as defined herein.
(J) Oil and sand interceptors. Oil and sand interceptors shall be required when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city administration and shall be located as to be ready and easily accessible for cleaning and inspection. The city administration shall be the final determination of the requirements.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) Discharge requirements.
(1) When requested by the city, an IU discharging or proposing to discharge industrial or commercial wastewater into any public sewer to the city system shall first apply for an industrial wastewater discharge permit, hereafter called “discharge permit” from the city.
(2) This discharge permit is required in addition to the commercial connection permit required for sanitary/domestic discharge.
(3) It is a violation of this sub-chapter for any IU to discharge non-domestic wastewater into the system if an application has been requested and a permit has not be issued.
(B) Application for discharge permit. Application for a discharge permit shall to made to the city on a city-approved format. Unless a specific exemption is granted in writing by the city, no discharge of non-domestic wastewater from the facility shall be allowed nor shall a permit be issued unless all conditions and provisions of this sub-chapter are met. A new application shall be required whenever federal categorical standards apply to a discharge, or when an SIU proposes a substantial change in its discharge. An application shall include a “baseline monitoring report” described in §51.094 (D), where applicable.
(C) Application time frame. Proposed new IUs shall apply for a discharge permit at least 90 days prior to the date that the discharge is proposed to commence. Additional data, information and drawings may be requested before a discharge permit is issued. The permit applicant shall promptly provide all requested information to the city.
(D) Hazardous waste compliance. Any industrial user who commences discharging after August 23, 1990, shall provide written notification in accordance with 40 CFR 403.120 of the discharge of any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261.
(E) Certification. All applications, reports and information submitted to the City shall be signed and certified in accordance with 40 CFR 403.12(l). Any reports required in this sub-chapter and any other documents required to be submitted to the city or maintained by the industrial user shall be subject to applicable civil and criminal provisions of the city's rules and regulations, state law relating to fraud and false statements. In addition, the industrial user shall be subject to:
(1) The provisions of 18 USC Section 1001 relating to the fraud and false statements;
(2) The provisions of Sections 309(c)(4) of the Clean Water Act, governing false statements; and
(3) The provision of Section 309(c)(6) of the Act regarding responsible corporate officers.
(F) Application/permit evaluation period. The city will evaluate the application and may require additional information. Within 60 days of receipt of a complete permit application, the city will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied.
(G) Application/permit rejection. If any waters or wastes are discharged or are proposed to be discharged to the city's sewer system, which contain the substances or possess the characteristics enumerated in other sections of this sub-chapter, and which in the judgment of the city, may have a deleterious effect upon the system, or which otherwise create a hazard to life, worker safety or constitute a public nuisance, the city may take any of the following actions:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition prior to discharging to the system;
(3) Require control over the quantities and rates of discharge; or
(4) Require payment to cover the added cost of handling and treating the wastes not converted by existing taxes or sewer charges under the provisions of §51.096 of this chapter.
(H) Compliance schedules. The city may require compliance schedules in any permit to ensure that the appropriate technology is installed in a time period acceptable to the city.
(I) Permit contents. Wastewater discharge permits shall contain at a minimum the conditions of 40 CFR 403.8 (f)(1)(iii)(A)-(E). In addition, permits may contain the following:
(1) Fees and charges to be paid upon initial permit issuance;
(2) Limits on average and maximum rates and time of discharge and requirements for flow regulations and equalization;
(3) Requirements for installation and maintenance of inspection and sampling facility compatible with facilities of the city;
(4) Compliance schedules;
(5) Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this sub-chapter; and
(6) An effective date and expiration date of the permit.
(J) Right of revision or permit modification. The city reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the city with applicable laws and regulations. Upon promulgation, a new federal categorical standard for a particular industrial subcategory, if more stringent than the limits established under the city's current rules and regulations, will supersede the local standard. Permits will be modified as soon as possible subsequent to a change in the federal requirements. The city shall notify the user of any proposed changes in its permit prior to the effective date of the change.
(K) Permit duration and property interest acquired. All wastewater discharge permits shall be issued for an initial period not to exceed five years as determined by the city. All permits are subject to amendment, revocation, suspension or termination as provided in these rules. No user acquires any property interest by virtue of permit approval. Continued approval is expressly contingent upon compliance with all applicable federal, state and location requirements.
(L) Limitations on permit transfer. Wastewater discharge permits are issued to specific user for a specific operation and are not assignable to another user or transferable to an other person or location without the prior written approval of the city. If a permitted industry facility is sold, the seller shall provide a copy of the existing discharge permit to the new owner or operator.
(M) Wastewater discharge permit revocation. Wastewater discharge permits may be revoked for any of the following reasons:
(1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
(2) Falsifying self-monitoring reports or other required reports;
(3) Tampering with monitoring equipment or sample;
(4) Refusing to allow the city timely access to the facility premises or records;
(5) Failure to meet effluent limitations;
(6) Failure to pay fines, penalties or sewer service charges;
(7) Failure to meet compliance schedules;
(8) Failure to complete a wastewater survey;
(9) Failure to provide advance notice of the transfer of a permitted facility; or
(10) Violation of any pretreatment standard or requirement or any terms of the permit or the sub-chapter.
(N) Voiding permits. Permits shall be voided upon non-use or cessation of operations for a period of two years or longer, transfer of business ownership or upon issuance of a new wastewater discharge permit replacing a previous permit.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) Sampling facilities. When required by the city, the IU shall provide and operate at the users expense, a monitoring facility, together with necessary meters and other appurtenances to allow inspection, sampling and flow measurement of each industrial sewer discharge to the city. The monitoring facility shall be approved by the city prior to being installed. When possible the sampling site shall be located outside the building or structure, on the user's premises and be easily accessible from a public road, street, parking lot or paved area. The user shall maintain safe access to the sampling site at all times.
(1) There shall be ample room in or near the facility to allow for 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 permit holder, as directed in the city-approved permit.
(2) All sampling facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. The sampling facility may be revised, but the city must approve these revisions. All sampling facility plans must be submitted to and approved by the city prior to construction, regardless of whether or not the standard details are used. Construction shall be completed within 60 days of city approval or within ten days of receipt of permit by the permit holder, except as otherwise approved by the city.
(B) Operation and maintenance. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, the owner, at his expense, shall maintain then continuously in satisfactory and effective operation.
(C) Plans review.
(1) All plans for pretreatment facilities, interceptors, etc., required pursuant to these rules shall be approved by the city prior to implementation. Approval of pretreatment facilities, interceptors, etc., by the city, does not relieve the owner of the responsibility to install and operate equipment necessary to perform the required function and to meet all permit requirements.
(2) The permit holder shall maintain records of all pretreatment facilities which reflect routine maintenance check dates, calibration, cleaning, waste removal dates, manifests of wastes removed from the site and the means of disposal of accumulated wastes.
(3) Approval by the city of plans under this section does not represent assurance that the facilities will meet a discharge permit.
(D) Control of discharge. It shall be the responsibility of the user to control the discharge into the city sewerage system or any private or side sewer which drains into the city's system so as to comply with this sub-chapter and the requirements of any applicable wastewater discharge permit issued pursuant to the provisions of this sub-chapter. Notwithstanding an permit conditions, the city may (after notification to the user) order that any discharge which may appear to present an imminent endangerment to the health and welfare of persons be immediately and effectively halted from entering the collection system.
(E) IU facility inspections. The city may inspect the facilities of any IU to determine compliance with the requirements of city rules and regulations. The user shall allow the city or its representatives to enter upon the premises of the user at all reasonable hours and without prior notification by the city, for the purposes of inspection, sampling, and records examination and copying. The city shall have the right to set upon the user's property the devices as at necessary to conduct sampling, inspection, compliance monitoring and/or metering operation:
(1) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification personnel from the city, state, and USEPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) The city, state, and USEPA shall have the right to set up or require installation of, on the industrial user's property, the devices as are necessary to conduct sampling, and/or metering of the user's operations.
(3) The city may require the industrial user to install monitoring equipment, as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the industrial user at the industrial user's expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city and shall not be replaced. The costs of clearing the access shall be borne by the industrial user.
(5) Unreasonable delay in allowing city personnel access to the industrial user's premises shall be a violation of this sub-chapter.
(F) Sampling requirements. Except as otherwise expressly stated in a permit, sampling shall be performed according to this division. If an IU subject to self-monitoring and reporting requirements as set forth in their city discharge permit, monitors any pollutant more frequently than required in the discharge permit, using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the IU's reports.
(1) SIUs shall submit to the city at least once every six months or a otherwise specified by the city, a description of the nature, concentration and flow of the pollutants required to be reported to the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136.
(2) The IU shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the city) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of the operations.
(3) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, a 24-hour composite sample must be obtained through flow-proportional composite sampling techniques when feasible. The city may waive flow-proportional composite sampling for any IU that demonstrates that flow-proportional sampling is unfeasible. In the case samples may be obtained through time-proportional composite sampling techniques through a minimum of four grab samples where the user demonstrates that this would provide a representative sample of the effluent being discharged.
(4) The IU shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division. Samples shall be taken immediately downstream from pretreatment facilities if such exists or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the IU shall measure the flows at concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit and supporting data shall be submitted to the city.
(5) Where 40 CFR Part 136 does not contain sampling analytical techniques for the pollutant in question, or where the USEPA Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling at analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other persons approved by the USEPA Administrator. This sampling and analysis may, upon approval by the city may be performed by the city in lieu of the industrial user.
(G) Special agreements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, buy the industrial concern.
(H) Records retention. All users subject to this sub-chapter shall retain and preserve for less than three years, all records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analysis made by or in behalf of a user in connection with its discharge. All records shall be subject to review by the city. The retention period may be extended beyond three years of the request of the city. All records which pertain to matters which are the subject of an enforcement or litigation activities brought by the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(I) Wastewater permit renewals. SIUs may be required to apply for permit renewals within 90 days prior to the expiration date in the existing wastewater permit.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) General requirements.
(1) All measurements, tests and analysis of the characteristics of wastewater to which reference is made in this section shall be in accordance with 40 CFR Part 136 or alternate protocols approved by EPA Region 10 Administrator or NPDES permit- specific basis and shall be determined at the control manhole provided, or upon testing of suitable samples taken at the control manhole.
(2) IUs may be required to submit test results from samples of their wastewater discharged or other appropriate information requested by the city on a routine and continuing basis for any or of the following reasons:
(a) To comply with the terms and provisions of 40 CFR Part 403.12;
(b) If requested by any applicable state or local public agencies;
(c) If required to determine monthly sewer service charges as described by applicable city ordinance;
(d) If deemed necessary by the city for the proper treatment, analysis or control wastewater discharges. The IU shall bear the costs of any tests and reports. The city shall have the right to enforce the requirements of 40 CFR 403.12. When deemed necessary by the city, an IU may be required to obtain, install, operate and maintain an automatic sampler and/or analyzer to monitor its industrial waste discharges; or
(e) If required by the discharge permit.
(B) User's responsibility. It is the IU's responsibility to keep informed of all state and federal wastewater analysis and reporting requirements. Any failure to do so shall not excuse the permit holder from compliance with the requirements.
(C) Discharge reports. Discharge reports shall contain all results of sampling and analysis of the discharge, including the flow, the nature and concentration of pollutants, and production and mass where require by the city.
(D) Baseline monitoring report.
(1) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6 (a)(4), whichever is later, existing users currently discharging to or proposing to discharge to the city shall submit to the city a report containing the information listed in division (E) below.
(2) At least 90 days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the city a report which contains the information listed in division (E). A new source shall also report the method it intends to use to meet applicable pretreatment standards, and give estimates of its anticipated flow and quantity of pollutants discharged.
(E) Information required. The information required by this section includes:
(1) Identifying information. The user shall submit the name and address of the facility, including the name of the operator and owners;
(2) Permits. The user shall submit a list of any environmental control permits held by or for the facility;
(3) Description of operation. The user shall submit a brief description of the natural average rate of production, and standard industrial classifications of the operations carried out by the industrial user. This description should include a schematic process diagram which indicates points of discharge to the system from the regulated processes;
(4) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the system from regulated process streams and other streams as necessary to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(5) Measurement of pollutants.
(a) The industrial user shall identify the categorical pretreatment standard applicable to each process;
(b) In addition, the IU shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136, or an city approved equal; and
(c) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. All other pollutants will be measured by composite samples obtained through flow proportional sampling technique. If flow proportional composite sampling is unfeasible samples may be obtained through time proportional sampling techniques or through four grab samples if the user proves the samples will be representative of the discharge.
(F) Report on compliance with categorical deadlines. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater in the sewer system, any industrial user subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the waste stream, as required by division (D) above.
(1) For IUs subject to equivalent mass or concentration limits established by the city in accordance with 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other IUs subject to categorical pretreatment standards expressed in terms of allowable pollutants discharge per unit of production or other measure of operation, this report shall include the IU's actual production during the appropriate sampling period.
(2) This report shall also contain the average and maximum daily flows for the process waste streams, and whether the applicable pretreatment standards are being met on consistent basis. If they are not being met on a consistent basis, the report shall identify what additional pretreatment or operation and maintenance is necessary to bring the industrial user into compliance. This report shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
(G) Schedule of compliance. If the industrial user is required to install additional pretreatment or provide additional operation and maintenance, he or she will be required to submit a schedule.
(1) The schedule shall contain increments of progress in the form of milestone dates for commencement and completion of major events leading to the construction and operations of additional operation and maintenance or pretreatment (e.g., hiring an engineer, completing preliminary, plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.). No increment of progress shall exceed nine months.
(2) The industrial user shall submit a progress report to the city including, at a minimum whether or not it complied with the increment of progress to be met on the date and if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the, schedule established. This progress report shall be submitted no later than 14 days following each date in the schedule and the final date of compliance. In no event shall more than nine months elapse between the progress reports to the city.
(3) If compliance milestone dates are not met or reports not submitted when due, the city may take appropriate enforcement action for lack of satisfactory progress toward compliance. (See §51.096.) Schedules of compliance may be inserted into an IU's discharge permit, as provided in division (G).
(H) Periodic compliance reports. Any IU subject to categorical pretreatment standards, or subject to sampling, testing and reporting schedules set out in the user's permit shall submit to the city all reports required indicating the nature of the effluent discharged since the last reporting period.
(1) The report shall include, but is not limited to, a record of the concentrations (and mass limited in the permit) of the limited pollutants that were measured and a record of all pH and flow measurements that were taken.
(2) If an industrial user subject to the reporting requirements listed above monitors any pollutant more frequently than required by the city, the results of this monitoring shall be included in the report.
(I) Reporting of violation/resampling requirement. If sampling performed by an industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis an submit the results of the repeat analysis to the city within 30 days after becoming aware of violation.
(J) Slugload reporting.
(1) Dischargers shall notify the city immediately upon occurrence of a “slug” or accidental discharge of substances prohibited by this sub-chapter. The notification shall include the location of discharge, date and time thereof, type of waste, concentration and volume, corrective action and steps being taken to reduce any adverse impact.
(2) Any discharger who discharges a “slug(s)” of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city under state or federal law, and may also incur monetary penalties by the city.
(K) Change in discharge. The IU shall report to the city any changes, permanent or temporary to the permittee's premises or operations that may result in change of the quality or volume of the wastewater discharge.
(1) Changes in the discharge involving the introduction of a waste stream(s) not included in or covered by the discharge permit application shall be considered a new discharge requiring completion of an application as described under §51.093. Any reporting shall not be deemed to exonerate the permittee from liability for violations of the sub-chapter.
(2) All industrial users shall promptly notify the city in advance of any proposed anticipated change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(L) Notification of significant production change.
(1) In accordance with 40 CFR 403.6 (c)(7), any IU operating under a city permit incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the city with two business days after the IU has a reasonable basis to know that the production level will significantly change within the next calendar month.
(2) Any IU not notifying the city of anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.
(M) Industrial user hazardous waste reporting. Industrial users shall notify the city (POTW), the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other).
(N) TTO reporting. Those industries which are required by EPA to eliminate and/or reduce the levels of toxic organics (TTO's) discharged into the sewer system must follow the federal effluent guidelines for that industry.
(O) Certification of all reports. All reports submitted by significant industrial user shall include the certification statement defined in 40 CFR 403.6 (a)(2)(ii), and signed by the appropriate official as designated in 40 CFR 403.12(l).
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) Industrial user violation process. If the city determines that a violation has occurred or is taking place, a representative of the city shall make a reasonable effort to notify the user of the violation. All violations including the first violation shall receive a written notice of violation, and may also incur a monetary penalty.
(1) All written notices of violations shall describe the violation and any potential penalty (monetary or additional pretreatment). The written notice may further require that response to the violation be submitted to the city within a ten day time period.
(2) If a written notice of violation requires submittal of a response, the response shall include an explanation of the violation, a plan for the satisfactory correction and prevention of future violations, and specific corrective or preventive action submission of this plan in no way relieves the user of liability for any violation occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take emergency action without first issuing a notice of violation.
(B) Violation.
(1) A violation of limitations established under §51.092 of this sub-chapter, any applicable federal, state or city pretreatment standards, or specific requirements of a discharge permit shall constitute a violation of this sub-chapter and shall be cause for enforcement action by the city, including but not limited to levying of administrative penalties described in this section, regardless of the intent of the user. Each day of a continuing violation shall constitute a separate offense for purposes of computing the applicable penalty.
(2) Whenever the city finds that any IU has violated or is violating this sub-chapter, wastewater permit or order issued hereunder, or any other pretreatment requirement, the city shall cause to be served upon the IU a written notice of violation. The notice of violation shall be delivered to the user's premises or be sent by regular mail to the address of the permit holder on record with the city. It may be sent together with the industrial user's monthly billing notice.
(C) Permit parameters.
(1) For the maximum daily allowable concentration, if the concentration of any single sample (whether grab or a sample within a series) exceeds the limitations, a violation will have occurred;
(2) For the monthly average allowable concentration, if the average of all sample(s) (grab or composite) taken exceeds the limitation, a violation will have occurred. One sample collected may constitute a monthly average violation.
(D) Additional violation parameters. Included, but are not limited to the following:
(1) For noncompliance with any special reporting requirements established by permit, written request of the city, or as specified by general federal pretreatment standards (40 CFR 403.12);
(2) Pollutants prohibited in §51.092 are discharged into the system;
(3) Failure to apply for and obtain a permit prior to discharge of industrial wastewater in the system.
(E) IU notifying city of violation. If sampling performed by an industrial user indicating a violation, the industrial user shall notify the city within 24 hours of becoming aware of the violation. The user shall also re-sample and report the results within 30 days of becoming away of violation pursuant to 40 CFR 403.12(g)(2). Re-sampling must continue until it is evident the discharge is within compliance.
(F) Affirmative defense. The city does not recognize the “affirmative action” defense defined in the federal regulations.
(G) Consent orders. The city may enter into consent orders, assurance of volunteer compliance, or other similar documents establishing an agreement with the IU responsible for the noncompliance. Orders will include specific action to be taken by the IU to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders and upon issuance, orders shall be judicial enforceable.
(H) Show cause hearing.
(1) The city may order any IU which causes or contributes violation(s) of this sub-chapter, wastewater permits or orders issued hereunder or any other, pretreatment requirement, to appear before the city and show cause why a proposed enforcement action should not be taken. Notice shall be served on the IU specifying the time and place for the hearing, the proposed enforcement action, the reasons for the action, and an order that the IU show cause why this proposed enforcement action should not be taken.
(2) The notice of the hearing shall be served personally or by registered mail (return receiving requested) at least ten days prior to the hearing. The notice may be served on any authorized representative of the IU. Whether or not the IU appears as notified, immediate enforcement action may be pursued following the hearing date.
(I) Compliance orders.
(1) When the city finds that an IU has violated or continues to violate the sub-chapter, permits or orders issued hereunder, or any other pretreatment requirement, an order may be issued to the IU responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, device or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer.
(2) In addition to compliance orders, the city may require additional self-monitoring for at least 90 days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control.
(J) Significant noncompliance. Significant noncompliance is deemed to have occurred if a violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same polluted parameter;
(2) Technical review criteria (TRC) violations are defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average 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);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the city determines has caused alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health welfare or to the environment or has resulted in the city's exercise of its emergency authority, as defined in 40 CFR 403.8 (f)(1)(vi)(B), to halt or prevent a discharge;
(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule contained in a local control mechanism or enforcement order, for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports (BMR), 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; and
(8) Any other violation or group of violations which the city determines will adversely affect the operation and implementation of the local pretreatment program.
(K) Publication of significant violators. A list of all industrial users which were in significant noncompliance (as defined above) during the 12 previous months, shall be annually published by the city in the largest daily newspaper, published in the municipality in which the city is located, summarizing the enforcement actions taken against users during the previous 12 months.
(L) Other penalties.
(1) If the violation is not corrected within a reasonable period of time determined by the city, or as specified in a consent order or compliance order, or if there appears to be indications of repetition of the violation, a notice of civil penalties may be issued as described in the applicable city ordinance. The city may seek or assess a specific fine violation not to exceed $1,000 per day per violation of pretreatment standards and may impose an applicable compliance schedule. Compliance schedules may not extend the compliance date beyond any applicable federal deadlines.
(2) Notwithstanding any other provision of this sub-chapter, the city may, in its discretion and at any time, impose discharge permit limitations penalties/charges or seek civil and criminal penalties pursuant to applicable city ordinance.
(M) Cease and desist orders. When the city finds that an industrial user has violated or continued to violate this sub-chapter, any permit or order issued hereunder, or any other pretreatment requirement, the city may issue an order to the industrial user directing it to cease and desist all violations and directing the user to:
(1) Immediately comply with all requirements; or
(2) Take appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(N) Administrative appeals of enforcement actions.
(1) An industrial user desiring to dispute any fine, penalty or other administrative enforcement action under this sub-chapter must, within ten days of receipt of notice of any action, file a written request for review with the City Council and the city administration.
(2) The request for review shall state any facts and mitigating circumstances which the IU wishes to be considered. Upon receipt of a request for review, the Council and city administration shall review the requests and any other information available. They shall render a written decision within 15 working days of receipt. The Council or city administration may sustain, reduce or eliminate any fine, and may modify any enforcement action upon a finding that:
(a) The original action of the city in imposing a fine or other enforcement action was based upon a substantial error of fact, which shall be stated;
(b) The original action of the city was based upon improper application of city ordinance or regulations to the facts, in which case the correct application shall be stated; or
(c) The user has presented mitigating facts or circumstances to the city which would justify modification of the original order.
(3) If the Council or city administration finds that the facts and application of this sub-chapter were correct, and mitigating circumstances do not justify modifying the original action, that shall sustain that action.
(O) Emergency suspensions. The city may suspend the wastewater permit of an industrial user, whenever suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, interferes with the operation of the municipal wastewater system or which present or may present an endangerment to the environment.
(1) Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its discharge. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the city may take steps as it deems necessary, including immediate severance of the sewer connection, to prevent minimize damage to the system, its receiving stream, or to any person. The city shall allow the industrial user to recommence its discharge when the user has demonstrated the satisfaction of the city that the period of endangerment has passed, and no repetition is likely, unless termination proceedings set forth in §51.096 are initiated against the user.
(2) An industrial user which causes or permits any discharge presenting immediate endangerment to the public or the environment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the city prior to the date of any show cause or termination hearing discussed elsewhere in this sub-chapter.
(P) Termination of permit.
(1) In addition to all other penalties and remedies in the sub-chapter, the city may terminate the permit of any industrial user. Violations of the conditions of this sub-chapter, wastewater permits or orders issued hereunder is subject to permit termination. Justification for permit termination include, but are not limited to the following:
(a) Violation of permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge; and
(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
(2) Prior to terminating a permit, the city shall notify the permittee of its proposed termination. A show cause opportunity under other sections identified in this sub-chapter will be offered.
(Q) Judicial enforcement remedies.
(1) Whenever an industrial user has violated or continues to violate the provisions of this sub-chapter, permits or orders issued hereunder, or any other pretreatment requirements, the city, may petition the courts for the issuance of temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order or other requirement imposed by this sub-chapter on activities of the industrial user.
(2) Other action as may be appropriate for legal and/or equitable relief may also be sought by the city. The court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999
(A) Miscellaneous information. The city may request at any time reports, data or information from any user to ensure compliance with all applicable laws by the city and the user. The user shall promptly provide the city with any reports, data or information requested.
(B) Inspection warrants. Judges and magistrates authorized to issue search warrants may upon application of the city, issue an inspection warrant pursuant to this section. The warrant shall be allowed whenever the city has requested of the property owner or his/her agent access to any premises to ascertain information necessary to carry out the provisions of this sub-chapter and the request has been denied. Information necessary to carry out these provisions shall include, but not be limited to, verification of owner-supplied data.
(C) Confidential information.
(1) Information and data on an industrial user obtained from reports, questionnaires, permit application, permits and monitoring programs, and from city inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the city that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state laws.
(2) Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2,302 will not be recognized as confidential information and will be available to the public without restriction.
(3) When requested and demonstrated by the industrial user finishing a report that the information should be held confidential, the portions of a report which might disclose a trade secret or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to this sub-chapter, the National Pollutant Discharge Elimination System (NPDES) program, and enforcement proceedings involving the person furnishing the report.
(D) Pretreatment charges and fees. The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:
(1) Fees for permit applications including the cost of processing applications;
(2) Fees for monitoring, inspection and surveillance procedures including the cost of reviewing, monitoring reports submitted by the industrial user;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals;
(5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this sub-chapter and are separate from all other fees, fines and penalties chargeable by the city.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999