Chapter 13.36 INDUSTRIAL WASTEWATER

A. No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without first obtaining a city permit for industrial wastewater discharge.

B. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge, and such other conditions as may be required to effect the purpose of this division.

C. No city permit for industrial wastewater discharge is transferable without the prior written consent of the city.

D. No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. (Ord. 76-360 § 701).

13.36.020 Permit – Application.

A. Contents. All industrial users required to have a wastewater discharge permit must submit a completed wastewater discharge permit application. The city manager shall approve a form to be used as a permit application. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.

B. Application Signatories and Certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:

I certify under penalty of law that 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 directly 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.

C. Misleading, Incomplete or False Information. Any application submitted with information that is at any time determined to be materially misleading, incomplete or false may result in termination of the permit, disconnection of service, penalties under this chapter, as well as any other remedies provided by law. (Ord. 2019-735 § 2 (Exh. 1); Ord. 76-360 § 702).

13.36.030 Permit changes and restrictions.

The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the city.

A. The city manager may modify the wastewater discharge permit with good cause including, but not limited to, the following:

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

2. To address significant alterations or additions to the industrial user’s operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

3. To address changes in the POTW that require either a temporary or permanent reduction or elimination of the authorized discharge;

4. To address information indicating that permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;

5. For a violation of any terms or conditions of the wastewater discharge permit;

6. For misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

7. To address revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; and

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

B. The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. (Ord. 2019-735 § 2 (Exh. 1); Ord. 76-360 § 703).

13.36.040 Permit – Suspension.

A. The director of public works may suspend a permit for industrial wastewater discharge for a period of not to exceed 45 days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or to the city’s sewerage system.

B. Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the order, the director of public works shall take such steps as are reasonably necessary to ensure compliance.

C. The director of public works shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city. (Ord. 76-360 § 704).

13.36.050 Permit – Revocation.

A. Wastewater discharge permits may be revoked for the following reasons:

1. Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide notification to the city of changed condition pursuant to FMC 13.36.250;

3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the city timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the wastewater discharge permit application; and

12. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the ordinance.

B. Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit. (Ord. 2019-735 § 2 (Exh. 1); Ord. 76-360 § 705).

13.36.060 Availability of city facilities.

If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict his discharge until sufficient capacity can be made available. When requested, the city will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available sewerage facilities. The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility. (Ord. 76-360 § 707).

13.36.070 Prohibited industrial waste discharges.

A. Requirement.

1. It shall be unlawful for any significant industrial user to discharge wastewater into the city’s POTW without first obtaining a wastewater discharge permit from the city manager. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the enforcement actions set out in this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of their obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

2. The city manager may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

B. Existing Connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future shall, within 45 days after said date, apply to the city for a wastewater discharge permit in accordance with FMC 13.36.020, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of the ordinance codified in this chapter except in accordance with a wastewater discharge permit issued by the city.

C. New Connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to discharging. An application for this wastewater discharge permit must be filed at least 45 days prior to the date upon which any discharge will begin.

D. Extra Jurisdictional Industrial Users. The city may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said industrial user.

E. Zero discharge permit may be issued to industrial users generating process wastewaters who would normally be subject to either FMC 13.36.180 or subject to categorical pretreatment standards under 40 CFR Section 403.6 and 40 CFR Chapter I, Subpart N, but are not discharging said waste stream(s) to the system. Zero discharge permit holders are subject to all applicable regulations under federal, state, local, or laws. Pursuant to this chapter, a statement of zero discharge must be submitted to the city annually. (Ord. 2019-735 § 2 (Exh. 1); Ord. 76-360 § 706).

13.36.080 Pretreatment of industrial wastewaters.

A. Whenever deemed necessary, the city manager may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the industrial user’s compliance with the requirements of this chapter.

B. All pretreatment systems or devices shall be approved by the city engineer but such approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the city. All pretreatment systems judged by the city engineer to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state.

C. Normally, a gravity separation interceptor, equalizing tank, neutralization chamber and control manhole will be required, respectively, to remove prohibited settleable and clotable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flows, and to facilitate inspection, flow measurement and sampling.

D. Floor drains from commercial or manufacturing buildings, warehouses or multiuse structures shall not discharge directly to the sewer, but shall first discharge to a gravity separation interceptor.

E. Each user discharging into the POTW greater than 100,000 gallons per day shall install and maintain, on his property and at his expense, a suitable storage and flow control facility to insure equalization of flow over a 24-hour period.

F. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

G. At no time shall any reading on a properly calibrated combustible gas detector at the point of discharge into the POTW, or at any point in the POTW, be more than 20 percent of the lower explosive limit (LEL) of the meter. (Ord. 2019-735 § 2, 2019; Ord. 76-360 § 708).

13.36.090 Control manhole and separation of domestic and industrial wastewaters.

A. All domestic or sanitary wastewaters from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device.

B. A control manhole of a design approved by the city engineer shall be furnished and installed by certain designated industrial wastewater dischargers to facilitate inspection, sampling and flow measurements by personnel of the city. This control manhole shall be located off the industrial premises or, if within the plant fence, a special locked gate adjacent to the manhole and at a location approved by the city shall be provided, with keys to the gate lock given to the city. Unrestricted access to this control manhole shall be available to authorized personnel of the city at all times. The control manhole may be used as a junction manhole for domestic sewage and industrial wastes provided the junction occurs downstream of the sampling or flow measuring point. (Ord. 76-360 § 709).

13.36.100 Industrial wastewater sampling, analysis and flow measurements.

A. Periodic measurements of flow rates, flow volumes, COD, and suspended solids for use in determining the annual industrial wastewater treatment charge and such measurements of other constituents believed necessary by the city engineer shall be made by all industrial wastewater dischargers unless specifically relieved of such obligation by the city engineer.

B. All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in “standard methods.” If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the city engineer shall be used to measure wastewater constituents.

C. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determined under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the city a report which contains the information listed in subsection (B) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in subsection (B) of this section. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

D. The industrial user shall submit the information required by this section including:

1. Identifying Information. The name and address of the facility including the name of the operator and owners.

2. Wastewater Discharge Permits. A list of any environmental control wastewater discharge permits held by or for the facility.

3. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

4. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW 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. Identify the categorical pretreatment standards applicable to each regulated process.

b. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass where required by the standard or by the city) 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 operation and shall be analyzed in accordance with procedures set out in FMC 13.36.300.

c. Sampling must be performed in accordance with procedures set out in this section.

6. Certification. A statement reviewed by the industrial user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in FMC 13.36.200, and be signed by an authorized representative as defined in FMC 13.24.320.

8. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with this chapter.

E. Sample Collection.

1. Except as indicated in subsections (E)(2) and (3) of this section, the industrial user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the city manager. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

2. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using grab collection techniques.

3. For sampling required in support of baseline monitoring and 90-day compliance reports required in FMC 13.36.220 and 13.36.230, a minimum of four grab samples must be collected for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city manager may authorize a lower minimum. For the reports required by FMC 13.36.240 the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

F. Determination of Noncompliance. The city manager may use grab samples to determine noncompliance with pretreatment standards. (Ord. 2019-735 § 2 (Exh. 1); Ord. 76-360 § 710).

13.36.110 Damage caused by prohibited wastewater discharge.

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters which cause damage to city facilities, detrimental effects on treatment processes, or any other damages resulting in costs to the city shall be liable to the city for all damages occasioned thereby. (Ord. 76-360 § 711).

13.36.120 Pretreatment facilities.

Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in this chapter within the time limitations specified by the EPA, the state, or the city manager, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial user’s expense. Detailed plans showing the pretreatment facilities and operating procedure shall be submitted to the city for review, and must be approved by the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.130 Accidental discharge/slug control plans.

The city manager may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the city manager shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/slug control plan shall submit a plan, which provides at a minimum the following:

A. Description of discharge practices including nonroutine batch discharges.

B. Description of stored chemicals.

C. Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in FMC 13.32.020 through 13.32.150.

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

E. Procedures for immediately notifying the POTW of any changes affecting the potential for a slug discharge. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.140 Tenant responsibility.

Where an owner of property lets premises to any other person as a tenant, if either the owner or the tenant is a commercial or industrial user, either or both may be held responsible for compliance with the provisions of this chapter. This provision is enforceable against the owner, the tenant or both, without regard to any contractual arrangements between the owner and tenant. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.150 Hauled wastewater.

A. Septic tank waste of residential origin may be accepted into the POTW at a designated receiving structure within the treatment plant area, and at such times as are established by the city manager, provided such wastes do not violate the provisions of this chapter or any other requirements established or adopted by the city. Wastewater discharge permits for individual vehicles to use such facilities shall be issued by, and at the discretion of, the city manager, based on the interests and purposes to be served under this chapter.

B. The discharge of hauled industrial wastes is prohibited without prior approval and a wastewater discharge permit from the city.

C. Fees for dumping septage will be established as part of the industrial user fee system as authorized in this chapter. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.160 Federal categorical pretreatment standards.

The National Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated by reference. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.170 Waste survey.

When requested by the city manager, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The city manager is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter, or for imposing penalties as set out in FMC 13.60.180. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.180 Wastewater discharge permit decisions.

The city manager will evaluate the data furnished by the industrial user and may require additional information. Within 45 days of receipt of a completed wastewater discharge permit application, the city manager will determine whether or not to issue a wastewater discharge permit and will notify the industrial user. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.190 Duration of permit – Reissuance.

A. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years, at the discretion of the city manager. Each wastewater discharge permit will indicate a specific date upon which it will expire.

B. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with this chapter a minimum of 45 days prior to the expiration of the industrial user’s existing wastewater discharge permit. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.200 Permit contents.

Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the city manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW.

A. Wastewater discharge permits shall contain the following conditions:

1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.

2. A statement that the wastewater discharge permit is nontransferable.

3. Effluent limits applicable to the user based on applicable standards in federal, state, and local law.

4. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, or local law.

5. Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

6. Requirements to control slug discharges, if determined by the POTW to be necessary.

7. Wastewater discharge permits may contain, but need not be limited to, the following:

a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

b. Limits on instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.

c. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

d. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.

e. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

f. The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW.

g. Requirements for installation and maintenance of inspection and sampling facilities and equipment.

h. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

i. Other conditions as deemed appropriate by the city manager to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.210 Appeals.

Any person, including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within 10 days of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reason for the objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal process.

D. The city shall inform the discharger of their decision within 30 days of a request for reconsideration.

E. If the ruling made by the city manager is unsatisfactory to the person requesting reconsideration, they may, within 10 days after notification of such city action, file a written appeal to the council. The written appeal shall be heard by the council within 30 days after the date of filing. The council shall make a final ruling on the appeal within 10 days after the close of the meeting. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.220 Compliance schedule progress report.

The following conditions shall apply to the schedule required by FMC 13.36.100. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the city manager no later than 14 days following each date in the schedule and the final date of compliance. The report shall include, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and (if appropriate) the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the city manager. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.230 Report on compliance with categorical pretreatment standard deadline.

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 into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in FMC 13.36.100(D)(4) and (5). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with FMC 13.36.100(D). (Ord. 2019-735 § 2 (Exh. 1)).

13.36.240 Periodic compliance reports.

A. Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the city manager, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with FMC 13.36.020(B).

B. All wastewater samples must be representative of the industrial user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.

C. If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedure prescribed in FMC 13.36.100(E), the results of this monitoring shall be included in the report. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.250 Reports of changed conditions.

Each industrial user is required to notify the city manager of any planned significant changes to the industrial user’s operations or system which might alter the nature, quality or volume of its wastewater at least 45 days before the change.

A. The city manager may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application.

B. No industrial user shall implement the planned changed conditions until and unless the city manager has responded to the industrial user’s notice.

C. For purposes of this requirement, flow increases of 10 percent or greater, and the discharge of any previously unreported pollutants, shall be deemed significant. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.260 Reports of potential problems.

A. In the case of any discharge including, but not limited to, accidental discharge of nonroutine, episodic nature, a noncustomary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards of this chapter), it is the responsibility of the industrial user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective action taken by the industrial user.

B. Within five days following such discharge, the industrial user shall, unless waived by the city manager, submit a detailed written report describing the causes of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this chapter.

C. Failure to notify the city of potential problem discharges shall be deemed a separate violation of this chapter.

D. A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (A) of this section. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.270 Reports from nonsignificant industrial users.

All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the city manager may require. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.280 Notice of violation – Repeat sampling and reporting.

If sampling performed by an industrial user indicates a violation, the industrial user must notify the city within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user’s facility at least once a month, or if the POTW performs sampling between the industrial user’s initial sampling and when the industrial user receives the results of the sampling. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.290 Notification of the discharge of hazardous waste.

A. Any industrial user who commences the discharge of hazardous waste shall notify the 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. Such notification must include the names 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). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent information is known and readily available to the industrial users: an identification of the hazardous constituents contained in the wastes, an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 30 days after the discharge commences. Any notification under this subsection (A) need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under FMC 13.36.250. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of FMC 13.36.220, 13.36.230, and 13.36.240.

B. In the case of any new regulations under Section 3001 of the federal Resource Conservation and Recovery Act identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

C. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

D. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.300 Analytical requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (Ord. 2019-735 § 2 (Exh. 1)).

13.36.310 Recordkeeping.

Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this chapter. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this chapter, or where the industrial user has been specifically notified of a longer retention period by the city manager. (Ord. 2019-735 § 2 (Exh. 1)).