Chapter 6.28
MISCELLANEOUS PROVISIONS
Sections:
6.28.030 Pretreatment charges and fees.
6.28.080 Powers and authorities of inspectors.
6.28.010 Upset provision.
A. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection C of this section are met.
C. Conditions Necessary for a Demonstration of Upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and the industrial user can identify the cause(s) of the upset;
2. The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures;
3. The industrial user has submitted the following information to the POTW and control authority within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
c. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
4. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
5. In the usual exercise of prosecutorial discretion, agency enforcement personnel should review any claims that noncompliance was caused by an upset. No determinations made in the course of the review constitute final agency action subject to judicial review. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
6. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (Ord. 387 § 14.1, 2017)
6.28.020 Separate violations.
Any user found to be in violation of this division shall be charged with a separate violation for each day the same violation exists. Wastewater discharge pollutant violations shall be considered an individual violation for each pollutant in violation. (Ord. 387 § 14.2, 2017)
6.28.030 Pretreatment charges and fees.
Western may adopt reasonable fees for reimbursement of costs of setting up and operating the pretreatment program and implementing and enforcing this division. Such costs may include, but are not limited to, the following:
A. Fees for wastewater discharge permit applications including the cost of processing such applications;
B. Fees for monitoring, pretreatment inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports and certification statements submitted by users;
C. Fees for reviewing and responding to accidental discharge procedures and construction;
D. Fees for filing appeals;
E. Fees to recover administrative and legal costs (not included in subsection B of this section) associated with the enforcement activity taken by the general manager to address SIU noncompliance; and
F. Other fees as Western may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this division and are separate from all other fees, fines, and penalties chargeable by Western. (Ord. 387 § 14.3, 2017)
6.28.040 Severability.
If any provision of this division is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 387 § 14.4, 2017)
6.28.050 Sale of byproducts.
Reserved. (Ord. 387 § 14.5, 2017)
6.28.060 Amendments.
Western may, from time to time, in its discretion, by similar ordinance, amend the rules and regulations governing the discharge of nondomestic waste so as to keep Western in compliance with evolving state and federal law. Users shall be subject to all such rules and regulations as they may be amended from time to time. (Ord. 387 § 14.6, 2017)
6.28.070 Variances.
The general manager may find that by reason of special circumstances, any provision of this division should be suspended or modified as applied to a particular circumstance and user, and may, by resolution, order such suspension, modification or variance for such circumstance and user during the period of such special circumstance or any part thereof for a particular user. (Ord. 387 § 14.7, 2017)
6.28.080 Powers and authorities of inspectors.
Any duly authorized representative of Western, as determined by the general manager, shall carry evidence establishing the position as an authorized representative of Western and upon exhibiting the proper evidence and identification shall be permitted to enter in and upon any and all buildings, industrial facilities, and properties for purposes of inspection, re-inspection, observation, measurement, sampling, testing, and otherwise performing such duties as may be necessary in the enforcement of the provisions of this division and any other rules and regulations of Western. (Ord. 387 § 14.8, 2017)