Chapter 13.20 WASTEWATER DISCHARGE REGULATIONS

This chapter sets forth uniform requirements for users of the publicly owned treatment works for the City of Evansville and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 Code of Federal Regulations [CFR] Part 403). The objectives of this chapter are:

(A) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(B) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(C) To protect publicly owned treatment works personnel who may be affected by wastewater sludge in the course of their employment and the general public;

(D) To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

(E) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the publicly owned treatment works is subject.

This chapter shall apply to all users of the publicly owned treatment works. This chapter authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.

Except as otherwise provided herein, the superintendent shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the superintendent may be delegated by the superintendent to a duly authorized City employee. [Ord. G-2019-9, passed 7-10-19.]

13.20.010 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Act” or “Clean Water Act” means the “Federal Water Pollution Control Act” (PL 92500) also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

“Approval authority” means the EPA.

“Approved analytical procedures” means those analytical procedures listed in 40 CFR 136.

“Authorized or duly authorized representative” means:

(1) A president, secretary, treasurer, or vice president of a corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, if the industrial user is a corporation.

(2) A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.

(3) A duly authorized representative of the individual designated above, if:

(a) The authorization is made in writing by the individual described in subsection (1) or (2) of this definition;

(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, or a position of equivalent responsibility, or having overall responsibility for the environmental matters for the company; and

“Best management practices” or “BMPs” means the following:

(1) Schedules of activities.

(2) Prohibitions of practices.

(3) Maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and 403.5(b).

(4) Treatment requirements.

(5) Operating procedures.

(6) Practices to control any of the following:

(a) Plant site runoff.

(b) Spillage or leaks.

(d) Drainage from raw materials storage.

“BOD” means biochemical oxygen demand. Biochemical oxygen demand is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).

“Bypass” means the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.

“Categorical pretreatment standards” means national pretreatment standards specifying quantities or concentrations of pollutants or the properties of pollutants, which may be discharged to the wastewater treatment plant by existing or new industrial users in specific industrial subcategories. The complete listing of the standards is found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471. A listing of categorical industries can be found in the Clean Water Act (Sections 307(b) and (c)). Said preceding listings are hereby incorporated herein and made a part hereof.

“CFR” means Code of Federal Regulations.

“City” means the City of Evansville, Indiana. The City’s Utility Board has the responsibility for promulgation and enforcement of this chapter.

A “composite sample” should contain a minimum of eight discrete samples of equal volume taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period.

“Control authority” means the Water and Sewer Utility of the City of Evansville.

“Daily discharge” means discharge of pollutants measured during a 24hour period that reasonably represents the calendar day for purposes of sampling.

“Discharge” or “indirect discharge” means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

“EPA” means United States Environmental Protection Agency.

“Existing source” means any source of discharge that is not a “new source.”

“Garbage” means any solid wastes from preparation, cooking, or dispensing of food and from handling, storage, or sale of produce.

“Grab sample” means an individual sample collected over a period of time not exceeding 15 minutes.

“Ground (shredded) garbage” means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.

“Industrial user (IU)” means a source of indirect discharge.

“Industrial waste” means solid, liquid, or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery, or processing of natural resources.

“Influent” means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle, or inlet.

“Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

“Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, both:

(1) Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, use or disposal; and

(2) Therefore, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or any more stringent State and local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and any 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.

“Major contributing industry” means an industrial user of the publicly owned treatment works that:

(1) Has a flow of 50,000 gallons or more per average workday;

(2) Has a flow greater than five percent of flow carried by the municipal system receiving the waste;

(3) Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Environmental Protection Act;

(4) Is found by the permit issuance authority, in connection with the issuance of the NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singularly or in combination with other contributing industries, on the treatment works or upon the quality of effluent from the treatment works.

“Maximum daily discharge limitations” means highest allowable daily average discharge based on a 24hour composite sample.

“mg” means milligrams.

“mg/L” means milligrams per liter.

“New source” is defined as 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 such source if such standards are thereafter promulgated in accordance with that section; provided, that:

(1) The building, structure, facility, or installation is constructed at a site at which no other source is located;

(2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3) 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 these are substantially independent, factors such as the extent to which the 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.

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 under this definition, but otherwise alters, replaces, or adds to existing process or production equipment.

Construction is considered to have commenced when the owner and/or operator has begun, or caused to begin, as part of a continuous on-site construction program any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or entered into a binding contractual obligation for the purchase of facilities or equipment which 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 definition.

“Nonsignificant industrial user” means an industrial user which never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standards), and the following conditions are met:

(1) The industrial user, prior to the control authority’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(2) The industrial user annually submits the certification statement required in 40 CFR 403.12(q) together with any additional information necessary to support the certification statement; and

(3) The industrial user never discharges any untreated concentrated wastewater.

“NPDES” means National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or the State issued to POTW pursuant to Section 402 of the Act.

“O&M” means operation and maintenance.

“Open loop geothermal heat pump system” means a geothermal heat pump system which relies on the circulation of ground water from a supply well, spring or surface water. The source for heat, ground water, is moved from the ground to a heat pump. The water is then transferred to a discharge area, typically a surface water body or recharge well.

“Operator” means the person responsible for overall operation of a facility.

“Other wastes” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes.

“Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of Evansville’s NPDES permit, including an increase in the magnitude or duration of a violation.

“Person” means any individual, partnership, firm, company, association, limited liability company, society, corporation, institution, group, or government agency.

“Pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. It does not mean:

(1) Sewage from vessels; or

(2) Water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well, used either to facilitate production or for disposal purposes, is approved by authority of the state in which the well is located, and if such state determines that such injection or disposal will not result in degradation of ground or surface water resources.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in the industrial wastewater to comply with this chapter, State or Federal regulations.

“Pretreatment requirement” means any substantive or procedural requirement related to pretreatment, other than national pretreatment standards, imposed on an industrial user.

“Pretreatment standards” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

“Prohibited discharges” means absolute prohibitions against the discharge of certain substances.

“Publicly owned treatment works” or “POTW” means a treatment works as defined by Section 212 of the Act, which is owned by a state or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

“Receiving stream” means the watercourse, stream, or body of water receiving the waters finally discharged from the sewage treatment plant.

“Sewage” means watercarried human wastes/excrement and gray water or a combination of watercarried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, storm, or other waters as may be present.

“Sewer” means any pipe, conduit, ditch, or other device used to collect and transport sewage or storm water from the generating source.

“SIC” means Standard Industrial Classification.

“Significant industrial user” includes the following:

(1) All industrial users subject to categorical pretreatment standards; or

(2) Any industrial user that:

(a) Discharges 25,000 gallons per day or more process wastewater to POTW (“process wastewater” excludes sanitary, noncontact cooling and boiler blowdown waters);

(b) Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or

(c) Has a reasonable potential, in the opinion of the control authority, to adversely affect POTW’s operation or for violating any pretreatment standards or requirement.

“Significant noncompliance” means any of the terms of noncompliance as defined in 40 CFR 403.8(f)(2)(viii).

“SIU” means significant industrial user.

“Slug discharge” means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary bath discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

“Standard methods” means the laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

“TSS” means total suspended solids. Total suspended solids are the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

“Upset” means an exceptional incident in which an industrial user unintentionally and temporarily is in a state of noncompliance with the categorical pretreatment standards due to factors beyond the reasonable control of the discharger. 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.

“Wastewater” means influent to the wastewater treatment plant.

“Wastewater treatment plant (WWTP)” means the East Side and West Side Wastewater Treatment Plants owned and operated by the City that are designed to provide treatment of municipal sewage and industrial waste. [Ord. G-2019-9, passed 7-10-19; Ord. G-2017-31 § 1, passed 10-26-17; Ord. G-2013-4, passed 4-12-13; Ord. G-2012-12, passed 7-25-12; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.001; 1983 Code § 5.53.01.]

13.20.020 General discharge prohibitions.

(A) General Prohibitions. A user may not introduce into a POTW any pollutant(s) which cause pass through or interference. These general prohibitions and the specific prohibitions in subsection (B) of this section apply to each user introducing pollutants into a POTW whether or not the user is subject to other national pretreatment standards or any national, State, or local pretreatment requirements.

(B) Specific Prohibitions. No discharger shall contribute or cause to be discharged, directly or indirectly, the following pollutant substances into the wastewater disposal system or otherwise to the facilities of the control authority:

(1) Pollutants, which create a fire or explosion hazard in the POTW; including, but not limited to, wastestreams with a flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade using the test methods specified in 40 CFR 261.21.

(2) Pollutants which will cause corrosive structural damage to the POTW and in no case discharges with pH lower than 5.0 or greater than 11.0.

(3) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference.

(4) Any pollutant, including biochemical oxygen-demanding pollutants (BOD), etc., released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

(5) Heat in an amount that will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40 degrees C (104 degrees F) unless the approval authority, upon request of the POTW, approves alternate temperature limits.

(6) Wastewater containing toxic pollutants in sufficient quantity to exceed the limitation set forth in applicable categorical pretreatment standards.

(7) Any noxious or malodorous liquids, gases, or solids in quantities sufficient to create a public nuisance or hazard to life or to prevent entry into the sewers for their maintenance and repair.

(8) Substances which, by reason of their nature and quantity, will cause the wastewater treatment plant to violate its NPDES permit, or interfere with any component of the POTW, including sludge use and disposal.

(9) Substances with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(10) Wastewater containing any toxic radioactive wastes or isotopes of such half-life or concentration as to exceed limits established in compliance with applicable State or Federal regulations.

(11) Wastewaters which, by reason of their nature and quantity, will cause a hazard to human life.

(12) Any waters or wastes containing more than 200 milligrams per liter of fats, oils, greases, or waxes.

(13) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

(14) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(15) Any trucked or hauled pollutants, except at discharge points designated by the POTW.

(16) Bypass is prohibited, and the control authority may take enforcement action against an industrial user for a bypass unless:

(a) It was unavoidable to prevent loss of life, personal injury, or severe property damage.

(b) There was no feasible alternative to bypass.

(d) It does not result in any condition which violates the user’s permit.

(17) Any waters or waste discharging from an open loop geothermal heat pump system is prohibited. Any open loop geothermal heat pump systems in existence prior to November 1, 2017, shall be properly installed, maintained and metered and shall be subject to all applicable charges.

(1) Federal categorical pretreatment standards promulgated by the U.S. EPA shall be met by all industrial users subject to such standards, including any future promulgations.

(2) All regulations, limitations and other restrictions set forth by the approval authority including national pretreatment standards shall be adhered to by industrial users subject to them.

(3) The industrial user 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 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). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place within 180 days of the effective date of the ordinance codified in this chapter. Industrial users who commence discharging after the effective date of the ordinance codified in this chapter shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection (C)(3) need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d), and (e). This provision does not create a right of discharge not otherwise permitted. [Ord. G-2019-9, passed 7-10-19; Ord. G-2017-31 § 2, passed 10-26-17; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.010; 1983 Code § 5.53.010.]

13.20.030 Removal credits.

Any POTW receiving wastes from an industrial user to which a categorical pretreatment standard applies may, at its discretion and subject to conditions of 40 CFR 403.7, grant removal credits to reflect removal by the POTW of pollutants specified in the categorical pretreatment standards. Discharge limits will be modified to grant removal credits by the procedure defined in 40 CFR 403.7. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.020; 1983 Code § 5.53.020.]

13.20.040 Applicable regulations.

In those cases where more than one set of applicable regulations exist, i.e., Federal, State and local, the most restrictive will apply. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.021; 1983 Code § 5.53.021.]

13.20.050 Right of revision.

The City reserves the right to amend this chapter utilizing appropriate Utility Board processing to provide for more stringent limitations or requirements on discharges to the wastewater treatment plant where deemed necessary to comply with the objectives. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.022; 1983 Code § 5.53.022.]

13.20.060 Dilution.

No industrial user shall increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with pretreatment standards or requirements. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.023; 1983 Code § 5.53.023.]

13.20.070 Supplemental limitations.

No industrial users shall discharge wastewater containing concentrations of the following materials exceeding those values shown below:

Pollutant	Daily Maximum Limits (mg/L)	Monthly Average Limits (mg/L)
Cadmium (Cd)	1.3	-
Hexavalent Chromium (Cr+6)	3.1	-
Chromium (Cr) total	7.0	-
Copper (Cu)	4.5	-
Cyanide (CN) total	1.9	-
Lead (Pb)	0.6	-
Mercury (Hg)	0.05	-
Nickel (Ni)	4.1	-
Silver (Ag)	1.0	-
Zinc (Zn)	4.2	-
Total Toxic Organics (TTOs)	20	-
Methylene Chloride	10	10
BOD5	-	3,694
TSS	-	2,114

The discharge of polychlorinated biphenyls (PCBs) is expressly prohibited.

The control authority shall have the ability to control and set limits for other pollutants not specifically listed herein, when, in their opinion, those pollutants have the potential to affect any aspect of water quality. The control authority may develop best management practices (BMPs) by ordinance or in individual wastewater discharge permits to implement local pretreatment standards and the requirements of this chapter. [Ord. G-2019-9, passed 7-10-19; Ord. G-2017-37 § 1, passed 12-8-17; Ord. G-2014-17 § 1, passed 7-30-14; Ord. G-2013-4, passed 4-12-13; Ord. G-2012-12, passed 7-25-12; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.024; 1983 Code § 5.53.024.]

13.20.080 Accidental discharge/slug discharge control plans.

Each industrial user shall provide protection from accidental discharge of prohibited or regulated materials or pollutants established by this chapter. Where necessary, facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the discharger’s cost and expense.

SIUs must be evaluated for the need for a plan or other action to control slug discharges within a year from the final rule’s effective date or from becoming an SIU. The POTW may require any industrial user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the POTW may develop such a plan for any user.

If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

(A) Description of discharge practices, including nonroutine batch discharges;

(B) Description of stored chemicals;

(C) Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b) with procedures for follow-up written notification within five days; and

(D) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measure for containing toxic organic pollutants (including solvents), and/or measure and equipment for emergency response. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.025; 1983 Code § 5.53.025.]

13.20.090 Fees – Purpose.

It is the purpose of this section to provide for the payment of fees from industrial users to the City’s wastewater disposal system, to compensate the City for the cost of the pretreatment program established herein. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.035; 1983 Code § 5.53.035.]

13.20.100 Charges and fees.

(A) The Common Council shall adopt fees and charges which may include the following:

(1) Fees for monitoring inspections and surveillance procedures.

(2) Fees for permits.

(3) Prorated annual fee.

(4) Fees for filing appeals.

(5) Fees for reviewing accidental discharge procedures and construction.

(B) Permit fees will be due annually. The permit fee for the period beginning January 1, 1987, shall be $50.00 per permittee facility. Prorated annual fees will be due semiannually with the program cost being prorated based on the total of industrial wastewater contributed by each permitted industry. The percentage of flow contributed by each permitted industry will be based on actual industrial wastewater discharge. The prorated annual fee for the 12month period beginning July 1, 2017, shall be $554,800, which shall be apportioned among each permitted industry on a prorated basis. Before July 1, 2018, and each July 1st thereafter, the Common Council shall establish both the permit fee and the prorated annual fee for the next 12month period. Should the Common Council fail to establish the permit fee or the prorated annual fee for any year, the permit fee and the prorated annual fee for that year shall be the same as the permit fee and the prorated annual fee for the preceding year. [Ord. G-2019-9, passed 7-10-19; Ord. G-2017-10 § 1, passed 6-28-2017; Ord. G-2014-8 § 1, passed 6-10-14; Ord. G-90-16, passed 7-17-90; Ord. F-87-6, passed 6-22-87; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.036; 1983 Code § 5.53.036.]

13.20.110 Wastewater dischargers.

This chapter shall apply to all industrial users of the publicly owned treatment works (POTW) which discharge directly or indirectly into the POTW’s sanitary sewer system. It shall be unlawful for industrial users to discharge pollutants to any sewer within the jurisdiction of the City, or to the wastewater treatment plant, without a permit issued by the City. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.045; 1983 Code § 5.53.045.]

13.20.120 Individual permits.

(A) Permit Requirements. All industrial users must notify the control authority of the nature and characteristics of their wastewater prior to commencing their discharge. The control authority is authorized to prepare a form for this purpose. It shall be unlawful for significant industrial users to discharge wastewater, either directly or indirectly, into the City’s sanitary sewer system without first obtaining an industrial user’s discharge permit from the control authority. Any violation of the terms and conditions of the permit shall be deemed a violation of this chapter. Obtaining an industrial user’s discharge permit does not relieve a permittee of its obligation to obtain other permits required by Federal, State or local law. The control authority may require that other industrial users, including liquid waste haulers, obtain industrial user pretreatment permits as necessary to carry out the purposes of this chapter. These hauled pollutants shall be discharged at a City-designated point. Any industrial user located beyond the City limits shall submit a permit application within 90 days prior to the anticipated commencement of discharging into the sanitary sewer. Upon review and approval of such application, the control authority may enter into a contract with the user which requires the user to subject itself to and abide by this chapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.046; 1983 Code § 5.53.046.]

13.20.130 Permit application.

Industrial users shall complete and file with the City a permit application in the form which the City prescribed on the effective date of the ordinance codified in this chapter. Existing industrial users discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wish to continue such discharges in the future shall apply for a wastewater discharge permit within 120 days after the effective date of the ordinance codified in this chapter, and proposed new users shall apply at least 120 days prior to connection to the wastewater treatment plant. In order to be considered for a discharge permit, all industrial users required to have a permit must submit the following information on an application form:

(A) Name and address of the facility including the names of the operator and owners.

(B) Standard Industrial Classification (SIC) code of both the industry as a whole and any processes for which Federal categorical standards have been promulgated.

(C) Expected, or actual if already discharging, wastewater constituents and characteristics including any pollutants in the discharge, which are limited by any Federal, State, or local standards. Sampling and analysis will be undertaken in accordance with 40 CFR Part 136. Where the pretreatment standards require compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.

(D) Time and duration of the discharges.

(E) Daily maximum, daily average, and monthly average wastewater flow rates, including daily, monthly, and seasonal variations, if any.

(F) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the POTW.

(G) The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation. A sampling sewer site meeting the requirements of EMC 13.20.260 and representing 100 percent of the industrial user’s regulated discharge shall be provided.

(H) Each product produced by type, amount, process or processes and rate of production.

(I) Type and amount of raw materials processed (average and maximum per day).

(J) Number and type of employees, and hours of operation, proposed or actual hours of operation of the pretreatment system.

(K) Whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet all applicable Federal, State, and local standards. If additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standards. The following conditions apply to this schedule:

(1) 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 plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment shall exceed nine months, nor shall the total compliance period exceed 18 months.

(2) No later than 14 days following each date in the schedule, the user shall submit a progress report to the control authority including, as 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 user to return to the established schedule. In no event shall more than nine months elapse between such progress reports.

(3) All schedules are subject to review, revision, and approval of the control authority.

(L) Any other information as may be deemed by the control authority to be necessary to evaluate the permit application.

(M) All wastewater discharge permit applications, user reports and certification statements must be signed by a responsible corporate officer or a duly authorized representative of the user and contain the following certification statement in accordance with subsection (M)(1), (2), (3), (4) or (5) of this section:

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 known violations.

(1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this subsection, a “responsible corporate officer” means:

(a) A president, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship respectively.

(3) The principal executive officer or director having responsibility for the overall operation of the discharging facility if the industrial user submitting the reports is a Federal, State, or local governmental entity.

(4) The principal executive officer or director of a limited liability company or any other business entity not listed therein.

(5) By a duly authorized representative of the individual designated in subsection (M)(1), (2), (3) or (4) of this section if:

(a) The authorization is made in writing by the individual described in subsection (M)(1), (2), (3) or (4) of this section;

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

(6) If an authorization under subsection (M)(5) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (M)(5) of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

The control authority will evaluate the data furnished by the industrial user and may require additional information. Within 30 days after full evaluation of the data furnished, the control authority may issue an industrial user’s discharge permit subject to terms and conditions provided herein. [Ord. G-2019-9, passed 7-10-19; Ord. G-2012-12, passed 7-25-12; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.047; 1983 Code § 5.53.047.]

13.20.140 Permit issuance and modifications.

(A) Public Notification. The control authority will publish in an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, or on a webpage, a notice to issue a pretreatment permit, at least 30 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

(B) Permit Appeals. The control authority shall provide public notice of the issuance of an individual wastewater discharge permit. Any person, including the user, may petition the control authority to reconsider the terms of an individual wastewater discharge permit within 30 days of notice of its issuance.

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

(2) In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.

(3) The effectiveness of the individual wastewater discharge permit shall not be stayed pending the appeal.

(4) If the control authority fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(C) The control authority may modify the individual wastewater discharge permit for good cause including, but not limited to, the following:

(1) To incorporate new or revised Federal, State, or local pretreatment standards or requirements.

(2) Material or substantial alterations or additions to the industrial user’s operation processes, or discharge volume or character, which were not considered in drafting the effective permit.

(3) A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

(4) Information indicating that the permitted discharge poses a threat to the control authority’s collection and treatment systems, personnel, or the receiving waters.

(5) Violation of any terms or conditions of the permit.

(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.

(7) Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13.

(8) To correct typographical or other errors in the permit.

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

(10) Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.

The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.048; 1983 Code § 5.53.048.]

13.20.150 Permit conditions.

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

(A) Individual wastewater discharge permits must contain:

(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with EMC 13.20.170, and provision for furnishing the new owner or operation with a copy of the existing wastewater discharge permit;

(3) Effluent limits, including best management practices, based on applicable pretreatment standards;

(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practices) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law;

(5) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with 40 CFR 403.12(e)(2) and authorized under State law;

(6) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law;

(7) Requirements to control slug discharge, if determined by the POTW to be necessary;

(8) Any grant of the monitoring waiver by the POTW must be included as a condition in the industrial user’s permit.

(B) Permits may contain, but need not be limited to, the following:

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

(2) Limits on the average and/or maximum concentration, mass, or other measure of identified wastewater constituents or properties.

(3) Requirements for best management practices (BMPs) or the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works or additional management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.

(4) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.

(5) Requirements for installation and maintenance of inspection and sampling facilities.

(6) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.

(7) Compliance schedules.

(8) Requirements for submission of technical reports or discharge reports or BMP reports.

(9) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the control authority and affording the control authority, or his representatives, access thereto.

(10) Requirements for notification of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater being introduced into the POTW.

(11) Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the permittee.

(12) Requirements for notification of excessive, accidental, or slug discharges.

(13) Other conditions as deemed appropriate by the control authority to ensure compliance with this chapter, and State and Federal laws, rules, and regulations.

(14) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable Federal pretreatment standards, including those which become effective during the term of the permit. [Ord. G-2019-9, passed 7-10-19; Ord. G-2012-12, passed 7-26-12; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.049; 1983 Code § 5.53.049.]

13.20.160 Permit duration.

All individual wastewater discharge permits shall be issued subject to amendment or revocation if the discharge changes as provided in this chapter. Permits shall be issued for a specified time period, not to exceed five years. Each individual wastewater discharge permit shall indicate a specific date upon which the permit will expire. A permit may be issued for a period less than five years, at the discretion of the control authority, for failure to abide by the provisions of this chapter or for processes or systems where reliability has not been established. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.050; 1983 Code § 5.53.050.]

13.20.170 Limitations on permit transfers.

Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the control authority when the following provisions are met:

(A) The permittee must give at least 30 days’ advance notice to the control authority describing the anticipated transaction and transfer date.

(B) The notice must include a written certification between the current and the new owner which:

(1) States that the new owner has no immediate intent to change the facility’s operations and processes;

(2) Identifies the specific date on which the transfer is to occur; and

(3) Transfers and acknowledges all responsibilities and obligations of the permit to the new owner. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.051; 1983 Code § 5.53.051.]

13.20.180 Permit reissuance.

The user shall apply for permit reissuance by submitting a written request a minimum of 90 days prior to the expiration of the current permit. The industrial user should submit a complete permit application including, but not limited to, the industry’s products or services, raw materials used, whether a batch or continuous operation, and a description of processes generating wastewater. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96. 1983 Code § 5.53.052.]

13.20.190 Permit continuation.

An expired permit will continue to be effective and enforceable until the permit is reissued if:

(A) The industrial user has submitted a request for reissuance at least 90 days prior to the expiration date of the user’s existing permit; or

(B) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96. 1983 Code § 5.53.053.]

13.20.200 Special agreements.

Nothing in this chapter shall be construed as preventing any special agreement or arrangement between the control authority and any user whereby wastewater of unusual strength or character is accepted into the POTW and specially treated and subject to any payments or user charges, as may be applicable. However, no discharge which violates pretreatment standards will be allowed under the terms of such special agreements. If, in the opinion of the control authority, the wastewater may have the potential to cause or result in any of the following circumstances, no such special agreement will be made:

(A) Pass through or interference;

(B) Endanger municipal employees or the public. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96. 1983 Code § 5.53.054.]

13.20.210 Administration – Removal credits.

The control authority shall develop and implement a program for granting removal credits as part of this chapter to reflect the POTW’s ability to remove pollutants in accordance with 40 CFR 403.7. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.060; 1983 Code § 5.53.060.]

13.20.220 Net/gross calculations.

The control authority shall adjust categorical pretreatment standards to reflect the presence of pollutants in the discharger’s intake water, in accordance with 40 CFR 403.15. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.061; 1983 Code § 5.53.061.]

13.20.230 Records retention.

Any industrial user subject to reporting requirements under the pretreatment program shall maintain records of all information associated with best management practices established under this chapter or resulting from any monitoring activities thus required. Such records shall include for all samples:

(A) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

(B) The dates analyses were performed;

(D) The analytical techniques/methods used;

(E) The results of such analyses.

All pretreatment records shall be retained for a minimum period of three years. At the request of the control authority this time period shall be extended. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the city pursuant thereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. These records also shall be made available for inspection and copying by the control authority at reasonable times. [Ord. G-2019-9, passed 7-10-19; Ord. G-2012-12, passed 7-25-12; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.062; 1983 Code § 5.53.062.]

13.20.240 Permit termination.

Wastewater discharge permits may be terminated for the following reasons:

(A) Knowingly making any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter;

(B) Tampering with monitoring equipment;

(D) Failure to meet any conditions of the permit;

(E) Failure to pay fines;

(F) Failure to pay sewer charges;

(G) Failure to meet compliance schedules;

(H) Failure to correct continued noncompliance;

(I) Failure of the user to report significant changes in operations or wastewater discharges. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.063; 1983 Code § 5.53.063.]

13.20.250 Reporting requirements – Removal credits.

(A) All industrial users who are currently subject to categorical pretreatment standards and who wish conditionally to receive a removal credit must submit to the POTW the information required in 40 CFR 403.12(b)(1) through (7) (except new or modified industrial users must only submit the information required by 40 CFR 403.12(b)(1) through (6)), pertaining to the categorical pretreatment standards as modified by the removal credit. The industrial users shall indicate what additional technology, if any, will be needed to comply with the categorical pretreatment standards as modified by the removal credit.

(B) Within 180 days following the date for final compliance by the discharger with applicable pretreatment standards with removal credits granted as set forth in this chapter, or 180 days following commencement of the introduction of wastewater into the wastewater treatment plant by a new discharger, any discharger subject to this chapter shall submit to the City a report indicating the nature and concentration of regulated substances contained in its discharge, and the average and maximum daily discharge.

(C) The report shall state whether the applicable pretreatment standards with removal credits granted are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger and by an Indiana-licensed wastewater treatment plant operator. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.070; 1983 Code § 5.53.070.]

13.20.260 Periodic self-monitoring report for compliance.

In order to comply with this chapter, any industrial user may be required to perform the necessary sampling and analysis of its wastewater discharge. This self-monitoring requires that the following steps be taken:

(A) Provide, at the user’s own expense, a monitoring facility to allow for sampling and inspection. This facility shall be a manhole or other structure with an opening no less than 24 inches in diameter and an internal diameter of no less than 36 inches. Each monitoring facility shall be situated on the discharger’s premises, except where such location would be impractical or cause undue hardship on the discharger. The City may then concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles or present a safety hazard.

(B) Using the above facility, the user shall take samples at such frequencies and of the type required by the user’s wastewater discharge permit. This testing frequency shall be determined by applicable Federal and State guidelines. Further, these samples shall be tested for those pollutants specified by the permit. These analyses shall be performed using analytical methods and procedures set forth in the Code of Federal Regulations, Part 136.

The control authority shall also conduct inspections, sampling and analysis at any industrial user’s facilities as deemed necessary to determine if pretreatment standards are being met. In order to perform these tasks, any industrial user shall allow the control authority to enter upon all areas of the premises for these purposes and/or to review or copy records which are kept by the user. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.071; 1983 Code § 5.53.071.]

13.20.270 Industrial filing system.

In order to ensure that the City is aware of the status of industrial users discharging to the POTW, a filing system will be developed.

This filing system will include, as required by Federal and State guidelines, all of the permitted industrial users and will be used for maintaining correspondence, baseline reports, semiannual self monitoring reports, and information developed by industrial waste personnel in visiting and sampling the industries.

Industrial users may inspect their file at any time. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.072; 1983 Code § 5.53.072.]

13.20.280 Inspection and sampling.

(A) The control authority shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the control authority ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the control authority shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The control authority shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

(3) The control authority may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.

(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the control authority and shall not be replaced. The costs of clearing such access shall be borne by the user.

(5) Unreasonable delays in allowing the control authority access to the user’s premises shall be a violation of this chapter.

(B) The inspection and sampling of the individual industries will entail the following:

(1) Randomly select an industry for investigation.

(2) Visit the plant site to verify the correctness of existing information.

(3) Locate the sampling manhole.

(4) Set up an automatic sampler or samplers along with flow measuring devices, if necessary.

(5) Label samples and transport to laboratory for analysis.

(6) If requested by the industrial user, the control authority shall provide the following:

(a) A list of all analyses to be completed.

(b) A written report of analytical results within 15 days of the sample collection if possible.

(7) Where the control authority has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis within 30 days of becoming aware of the violation unless it notifies the user of the violation and requires the user to perform the repeat analysis.

(C) All permitted industries are to be randomly sampled and inspected. Sampling and inspection will usually be conducted once annually; however, this frequency may be increased at the discretion of the control authority.

(D) Self-monitoring by all industries shall be determined by the control authority using applicable State and/or Federal guidelines.

(E) All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or baseline monitoring, periodic report, compliance date report or reports for industrial users not subject to categorical pretreatment standards shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, 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, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the control authority or other parties approved by EPA.

(F) Samples collected to satisfy reports required in EMC 13.20.320, 13.20.350, 13.20.370 and 13.20.380 must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. The industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and pretreatment requirements.

(1) Except as indicated below, the 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 control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. 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 control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in EMC 13.20.350 and 13.20.370, a minimum of four grab samples must be used 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 control authority may authorize a lower minimum.

(4) Reports required for baseline monitoring, 90-day compliance monitoring, and industrial users not subject to categorical pretreatment standards shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report. [Ord. G-2019-9, passed 7-10-19; Ord. G-2014-17 § 2, passed 7-30-14; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.073; 1983 Code § 5.53.073.]

13.20.290 Confidential information.

Information and data furnished to the control authority shall be available to the public without restriction unless the user specifically requests confidentiality. The request must be based upon the user’s ability to demonstrate, to the satisfaction of the control authority, that the release of such information would divulge processes or methods of production; or composition or other nature of products entitled to protection as trade secrets or proprietary information under applicable State law. Any effluent data can never be considered confidential and must be available to the public per 40 CFR 403.14(b). The U.S. EPA and other governmental agencies have the right to immediate and unlimited access to all information collected by the City under its pretreatment program for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report, regardless of the user’s request for confidentiality. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.076; 1983 Code § 5.53.076.]

13.20.300 Notice of bypass.

If an industrial user knows in advance of a need for a bypass, it shall submit prior notice to the control authority, if possible, at least 10 days before the date of the bypass.

An industrial user shall submit verbal notification of an unanticipated bypass that exceeds applicable pretreatment standards to the control authority within 24 hours from the time the industrial user becomes aware of the bypass. A written report shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The control authority may waive the written notice if the verbal report has been received within 24 hours. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96. 1983 Code § 5.53.081.]

13.20.310 Notification of changed discharge.

All industrial users shall promptly notify the control authority in advance of any substantial change or modification in plant processes or volume or character of its pollutants including the discharge of hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96. 1983 Code § 5.53.082.]

13.20.320 Periodic reports on continued compliance.

Any industrial user subject to categorical pretreatment standards, after the compliance date of such standard, or in the case of a new source, after commencement of discharge into the POTW, shall at least twice a year (June and December) submit to the control authority a report indicating the measured or estimated average and maximum daily flows for the reporting period as well as the concentration and nature of pollutants in the discharge which are limited by such pretreatment standards. In cases where the pretreatment standards require compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or applicable permit necessary to determine the compliance status of the user. The information required in this report is specified by the pretreatment standards. Any analyses of the user’s wastewater which is in excess of the permit requirements must be included in this report.

These reports must include the following certification statement signed by an authorized or duly authorized representative:

If an industrial user subject to the reporting requirements of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, the results of this monitoring shall be included in the report.

The control authority may authorize the industrial user subject to categorical pretreatment standards to forgo sampling of a pollutant regulated by categorical pretreatment standards if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in their discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

(A) The control authority may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility; provided, that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

(B) The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent permit.

(C) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed and include the certification statement in 40 CFR 403.6(a)(2)(ii). Nondetectable sample results may only be used as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(D) Any grant of the monitoring waiver by the control authority must be included as a condition in the user’s control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for three years after expiration of the waiver.

(E) Upon approval of the monitoring waiver and revision of the user’s control mechanism by the control authority, the industrial user must certify on each report with the statement below that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standards for 40 CFR _______ [specify applicable national Pretreatment Standards part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(1).

(F) In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements detailed herein or other more frequent monitoring requirements imposed by the control authority and notify the control authority.

(G) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standards. [Ord. G-2019-9, passed 7-10-19; Ord. G-2013-4, passed 4-12-13; Ord. G-2012-12, passed 7-25-12; Ord. G-96-9, passed 7-8-96. 1983 Code § 5.53.083.]

13.20.330 Notice of potential problems including slug loading.

All categorical and noncategorical industrial users shall notify the POTW immediately of discharges that could cause problems to the POTW, including, but not limited to, any slug loading as defined by 40 CFR 403.5(b).

(A) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the control authority of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(B) Within five days following such discharge, the user shall, unless waived by the control authority, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might 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 user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

(C) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees to call in the event of a discharge described above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

(D) Significant industrial users are required to notify the control authority immediately of any changes at their facility affecting the potential for a slug discharge.

The control authority may also require those industries with the possibility to adversely affect POTW operations to develop a plan which addresses the minimization of that potential. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96. 1983 Code § 5.53.084.]

13.20.340 Compliance schedule reports for noncategorical industries.

(A) Any noncategorical industry which is not in compliance with the City’s ordinance limitations must develop a compliance schedule during which time the industry must meet the City’s standards. Development of a compliance schedule is required for installation of technology required to meet applicable pretreatment standards and requirements. The schedule should contain increments of progress (hiring engineers, starting construction, and the like) which correspond to specific dates for their completion. These represent major events leading to the operation of pretreatment equipment to meet the City’s pretreatment standards.

(B) All industrial users subject to these conditions must submit a progress report to the City no later than 14 days following each date in the compliance schedule. This report must include whether it complied with the increment of progress to be met on that date, the reasons for delay if the date was not met, and the steps being taken to return to compliance. In no event can more than nine months elapse between progress reports. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.085; 1983 Code § 5.53.085.]

13.20.350 Baseline reports.

Within 180 days of the effective date of categorical pretreatment standards, or 180 days after the final administrative decision made upon a category, whichever is later, existing industrial users subject to such standards, and currently discharging or scheduled to discharge to the POTW, are required to submit to the control authority a baseline monitoring report which contains the information contained in paragraphs (b)(1) through (7) of 40 CFR 403.12. This submittal must include a statement, reviewed by an authorized representative of the industrial user 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 and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and pretreatment requirements.

New sources and existing sources, both categorical and noncategorical, subsequent to promulgation of an applicable categorical standard shall be required to submit to the control authority a report which contains the information listed in paragraphs (b)(1) through (5) of 40 CFR 403.12. New sources shall give estimates of the information requested in paragraphs (b)(4) and (5) of 40 CFR 403.12. This report must be submitted at least 90 days before the industrial user begins discharging to the POTW. New sources must include in this report any pretreatment methods to be used as well as production data, estimates of its anticipated flow, and quantity of pollutants to be discharged.

Where the pretreatment standards require compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or applicable permit necessary to determine the compliance status of the user.

This report must include the following certification statement signed by an authorized or duly authorized representative:

[Ord. G-2019-9, passed 7-10-19; Ord. G-2012-12, passed 7-25-12; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.086; 1983 Code § 5.53.086.]

13.20.360 Compliance schedule reports for categorical industries.

Whenever an industrial user subject to categorical pretreatment standards is not meeting the standards at the time of promulgation of that standard, a compliance schedule report shall be filed within 180 days after final promulgation with the pretreatment program administrator. Development of a compliance schedule is required for installation of technology required to meet applicable pretreatment standards and pretreatment requirements. The schedule shall contain increments of progress (such as hiring an engineer, completing plans, commencing construction, completing construction, and the like), which correspond to specific dates for their completion. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards.

All industrial users subject to these conditions must submit a progress report to the City no later than 14 days following each date in the compliance schedule including the final date for compliance. This report must include, at a minimum, whether or not it complied with the increment of progress to be met on that date and, if not, the date on which it expects to comply, the reasons for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event can more than nine months elapse between the progress reports. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.087; 1983 Code § 5.53.087.]

13.20.370 Compliance date report.

Within 90 days following the date for final compliance with applicable categorical standards, or in case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to the pretreatment standards and requirements shall submit to the control authority a report containing the information described in paragraphs (b)(4) through (6) of 40 CFR 403.12.

For industrial users subject to equivalent mass or concentration limits established by the control authority, this report shall contain a reasonable measure of the 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, this report shall include the user’s actual production during the appropriate sampling period.

This report must include the following certification statement signed by an authorized or duly authorized representative:

[Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.088; 1983 Code § 5.53.088.]

13.20.380 Reports for industrial users not subject to categorical pretreatment standards.

The control authority must require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Noncategorical significant industrial users must submit to the control authority no less than twice per year (June and December) a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the control authority to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 CFR Part 136. This sampling and analysis may be performed by the control authority in lieu of the significant noncategorical industrial user.

If an industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority the results of this monitoring shall be included in the report. [Ord. G-2019-9, passed 7-10-19.]

13.20.390 Pretreatment facilities operations.

If pretreatment or control of waste flows is required, the facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.095; 1983 Code § 5.53.095. Formerly 13.20.380.]

13.20.400 Enforcement system.

Industries found to be in violation of any pretreatment requirements will receive notice of such instances. Notification and appropriate action may be in the form of the following types based upon the enforcement response plan (ERP) the control authority has developed:

(A) Notification of Violation. Whenever the control authority finds that an industrial user has violated or is violating this chapter, or a wastewater discharge permit or order issued hereunder, the control authority may serve upon said user notice of the violation. Upon receipt of this notice, a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the control authority. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

(B) Consent Orders. The control authority is hereby empowered to enter into consent orders, assurances of compliance, or other similar documents establishing agreement with the industrial user responsible for the noncompliance. Such orders will include specific actions to be taken by the user to correct the noncompliance within a time period also specified by the order.

(C) Show Cause Hearing. The control authority may order any industrial user which causes or contributes to violation of this chapter or wastewater discharge permit or order issued hereunder to show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as notified, immediate enforcement action may be pursued.

(D) Compliance Orders. When the control authority finds that an industrial user has violated or continues to violate this chapter or a permit or order issued hereunder, it may issue an order to the user responsible for the discharge, directing that, following a specified time period, sewer service shall be disconnected unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installment of pretreatment technology, additional self-monitoring, and management practices.

(E) Cease and Desist Orders. When the control authority finds that an industrial user has violated or continues to violate this chapter or any permit or order hereunder, the control authority may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(1) Comply forthwith;

(2) Take such appropriate remedial or preventative action as is needed to properly address continuing or threatened violation, including halting operations and terminating the discharge.

(F) Administrative Fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits or orders issued hereunder, may at the discretion of the control authority be fined an amount not to exceed $2,500 per violation. Each day on which noncompliance occurs or continues to occur shall be deemed a separate and distinct violation. Such assessments may be added to the user’s next scheduled sewer service charge and the control authority shall have such collection remedies as are available to collect other service charges. Unpaid charges, fines, and penalties shall continue to be a lien against the user’s property. Industrial users desiring to dispute such fines must file a request for the control authority to reconsider the fine within 10 days of being notified of the fine. When the control authority believes a request has merit, it shall convene a hearing on the matter within 15 days of receiving the request from the industrial user.

(G) Emergency Suspensions.

(1) The control authority may suspend the industrial user’s wastewater service and/or his permit whenever necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.

(2) Any user notified of a suspension of the wastewater service and/or the discharge permit shall immediately stop or eliminate its contribution. In the event of the user’s failure to immediately comply voluntarily with the suspension order, the control authority shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The control authority shall allow the user to recommence its discharge when the endangerment has passed.

(3) An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement to the control authority within five days of such emergency, describing the cause of the harmful contribution and the measures taken to prevent any further occurrence.

(H) Termination of Permit. Significant industrial users proposing to discharge into the POTW must first obtain a wastewater discharge permit from the control authority. Any user who violates any of the following conditions of this chapter, or a wastewater discharge permit, or order, or any applicable State or Federal law, is subject to permit termination:

(1) Violation of permit conditions;

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;

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

(4) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling. Noncompliant industrial users will be notified of the proposed termination of their wastewater discharge permit and be offered an opportunity to show cause why the proposed action should not be taken.

(I) Water Supply Severance. Whenever an industrial user has violated or continues to violate the provisions of this chapter, or an order or permit issued hereunder, water service to the industrial user may be severed and will only recommence at the user’s expense, after ability to comply has been satisfactorily demonstrated.

(J) Judicial Remedies. If any person violates any of the provisions of this chapter or discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this chapter or any order or permit issued hereunder, the control authority through legal counsel may commence an action for appropriate legal and/or equitable relief.

(K) Injunctive Relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter or a permit or order issued hereunder, the control authority through counsel may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The control authority shall have such remedies to collect these fees as it has to collect other sewer service charges.

(L) Civil Penalties.

(1) Any user who has violated or continues to violate this chapter, or any order or permit issued hereunder, shall be liable to the control authority who has legal authority to seek or assess civil penalties in the amount of $2,500 a day for each violation, plus actual damages incurred by the POTW. The penalties shall be assessed per violation per day for as long as the violation continues. In addition to the above described penalties and damages, the control authority may recover reasonable attorneys’ fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling and monitoring expenses, as allowed by law.

(2) The control authority shall petition the court to impose, assess and recover such sums. In determining the amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained by the violation, corrective actions taken by the industrial user, the compliance history of the user, and any other factors as justice requires.

(M) Criminal Prosecution. Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be referred to the Vanderburgh County Prosecutor for possible criminal prosecution.

(N) Publication. In order to comply with 40 CFR 403.8(f)(2)(viii), the control authority shall publish annually, in the largest daily newspaper in the municipality where the POTW is located, a list of industrial users which were in significant noncompliance (SNC) with applicable pretreatment standards and requirements during the previous 12 months. SNC will be any of the following:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standards requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

(2) A technical review criteria (TRC) violation, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of a numeric pretreatment standards requirement, including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment standards requirement as defined in 40 CFR 403.3(l) that the control authority determines has caused, alone or in combination with other discharges, interference, pass-through or including endangering the health of POTW personnel or the general public;

(4) Any discharge that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an individual discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6) Failure to provide, within 45 days after the due date, any reports required by this chapter;

(7) Failure to accurately report noncompliance;

(8) Any other violation, which may include a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the pretreatment program. [Ord. G-2019-9, passed 7-10-19; amended by City 5-14-13; Ord. G-2012-12, passed 7-25-12; Ord. G-96-9, passed 7-8-96; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.100; 1983 Code § 5.53.100. Formerly 13.20.390.]

13.20.410 Right of appeal.

Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this chapter and shall be entitled to a written reply within 30 days of the submission of the request. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this chapter or deals with a wastewater discharge permit issued pursuant hereto for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger’s request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-39, passed 6-25-84. 1982 Code § 53.101; 1983 Code § 5.53.101. Formerly 13.20.400.]

13.20.420 Revocation of permit.

If the governing State or Federal regulations change, the City may revoke the permit granted. Additionally, any user who violates the following conditions of his permit or of this chapter, or of applicable State and Federal regulations, is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:

(A) Failure of a user to accurately report the wastewater constituents and characteristics of its discharge.

(B) Failure of the user to report significant changes in operations or wastewater constituents and characteristics.

(D) Violation of conditions of the permit.

(E) Falsifying reports or tampering with samples. [Ord. G-2019-9, passed 7-10-19; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.102; 1983 Code § 5.53.102. Formerly 13.20.410.]

13.20.430 Upsets.

Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or a wastewater discharge permit issued shall inform the City wastewater treatment plant thereof within 24 hours of first awareness of the upset. An 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 user and does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of this section are met. 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:

(A) An upset occurred and the industrial user can identify the cause(s) of the upset;

(B) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

(C) 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):

(1) A description of the indirect discharge and cause of noncompliance;

(2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;

(3) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

In any enforcement proceeding the IU seeking to establish the occurrence of an upset shall have the burden of proof.

In the usual exercise of prosecutorial discretion, the control authority enforcement personnel should review any claims that noncompliance was caused by an upset. No determinations made in the course of the review constitute final action subject to judicial review. IUs 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.

The IU shall control production of 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. G-2019-9, passed 7-10-19; Ord. G-2013-4, passed 4-12-13; Ord. F-84-35, passed 6-25-84. 1982 Code § 53.103; 1983 Code § 5.53.103. Formerly 13.20.420.]

13.20.440 Notice of violation – Repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the control authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. Where the control authority has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling by the industrial user is not required if the control authority performs sampling at the user’s facility at least once a month, or if the control authority performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the control authority receives the results of this sampling, or if the control authority has performed the sampling and analysis in lieu of the industrial user. [Ord. G-2019-9, passed 7-10-19.]

13.20.450 Severability.

If any provision, paragraph, word or section of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words and sections shall continue to be in effect. [Ord. G-2019-9, passed 7-10-19; Ord. G-96-9, passed 7-8-96. 1983 Code § 5.53.997. Formerly 13.20.430.]

13.20.460 Penalty.

Any discharger who is found to have violated an order of the City or who has failed to comply with any provision of this chapter, and the regulations or rules of the City, or orders of any court of competent jurisdiction, or permits issued hereunder, shall be subject to the penalties set forth in EMC 1.05.180. [Ord. G-2019-9, passed 7-10-19; 1982 Code § 53.999; 1983 Code § 5.53.999. Formerly 13.20.440.]