Chapter 13.20 INDUSTRIAL WASTES

Industrial users of the city of Brookfield Fox River Water Pollution Control Center shall be governed by the following rules, regulations and provisions. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.020 Purpose and policy.

This chapter sets forth uniform requirements for discharges of industrial wastewater into the Brookfield Fox River Water Pollution Control Center wastewater treatment system and enables the city to comply with all applicable state and federal laws. The objectives of this chapter are as follows:

A. To prevent the introduction of pollutants into the system which will interfere with the operation of the system or the use or disposal of the sludge;

B. To prevent the introduction of pollutants into the system which will pass through the system inadequately treated into receiving waters or otherwise be incompatible with the system;

C. To improve the opportunity to recycle and reclaim wastewater and sludge from the system;

D. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;

E. To provide for fees for excess strength of wastewater discharged to the POTW. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.030 Applicability and severability.

A. This chapter shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the Brookfield Fox River Water Pollution Control Center. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this chapter. In addition to complying with this chapter, users shall comply with all applicable pretreatment standards and requirements established by the U.S. Environmental Protection Agency and the Wisconsin Department of Natural Resources that supplement or supersede this chapter.

B. If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue is full force and effect. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.040 Definitions.

“Accidental discharge” means any direct discharge that exceeds any limits set forth in this chapter or the users’ permit that occurs without the knowledge of the user and unintentionally by anyone.

“Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

“Amalgam” means dental filling material made from a mixture of metallic mercury with powdered silver-tin-copper alloy.

“BTEX” means benzene, toluene, ethyl benzene, and xylenes; volatile organic compounds (VOCs) commonly found in discharges from leaking underground storage tank (LUST) sites.

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

“Categorical pretreatment standard” means a regulation containing pollutant discharge limits promulgated under 33 U.S.C. Section 1311 or 1317, by the U.S. Environmental Protection Agency, or under Section 283.21, Wisconsin Statutes, by the Wisconsin Department of Natural Resources, for specific industrial categories.

“CFR” means the Code of Federal Regulations.

“City” means the city of Brookfield.

“Cooling water” means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

“Department” means the Department of Natural Resources.

“DPW” means the director of public works or authorized agent.

“EPA” means the U.S. Environmental Protection Agency or, where appropriate, as a designation for the Regional Water Management Division Director or other duly authorized official of the agency.

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

“Flow proportioned composite sample” means a combination of individual samples of equal volume taken at equal intervals of flow from a wastestream without consideration of the time between individual samples.

“Grab sample” means a sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and without consideration of time.

“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. Method of introduction includes, but is not limited to, by pipe, truck or rail car.

“Industrial user” or “user” means any source of indirect discharge.

“Interference” means the inhibition or disruption of a POTW’s sewer system, treatment processes or operations by an indirect discharge which, alone or in conjunction with the discharge or discharges from other sources, causes a violation or increases the magnitude or duration of a violation of any requirement of the POTW’s WPDES permit, including the impairment of the use or disposal of POTW sludge under Chapters 281 and 283, Wisconsin Statutes.

“MMSD” means the Milwaukee Metropolitan Sewerage District.

“New source” means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the date of promulgation in the Federal Register of the categorical pretreatment standard applicable to such source, or after the date of proposal of the applicable categorized pretreatment standard in the Federal Register, provided that:

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

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.

“Operating upset” means an exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards adopted under this chapter or established as part of its wastewater discharge permit due to factors beyond the reasonable control of the user and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facility, lack of preventative maintenance or careless or improper operation thereof.

“Pass-through” means a discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the POTW’s WPDES permit (including an increase in the magnitude or duration of a violation).

“Permit” means industrial wastewater discharge permit issued by the city pursuant to this chapter.

“Person” or “discharger” means the state or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership or other entity including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity.

“Pollutant” means any dredged spoil; solid waste; incinerator residue; filter backwash; sewage; garbage; sewage sludge; munitions; medical wastes; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; agricultural and industrial wastes; and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

“POTW” or “publicly owned treatment works” means a treatment works which is owned by the state or a municipality and any sewers that convey wastewater to such a treatment works. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of municipal sewage or liquid industrial wastes. The term also means the municipality or local unit of government which has jurisdiction over the indirect discharges to the discharges from such a treatment works.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city’s sewerage system. This reduction or alteration can be obtained by physical, chemical, or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

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

“Pretreatment standards” means any regulations containing pollutant discharge limits promulgated by the United States Environmental Protection Agency (U.S. EPA) in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) and which applies to industrial users. This term includes prohibited discharge standards, categorical pretreatment standards, and local limits.

“Significant industrial user” means a user designated as a significant industrial user according to Section 13.20.050.

“Slug discharge” means any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.

“SOP”/“SOP manual” means the manual which documents the city’s application of the industrial pretreatment program, with the purpose of conducting an effective and even application of the rules and regulations which govern dischargers.

“Special order” means any written order or action directed to a specific person or discharger.

“Toxic pollutants” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the U.S. EPA under the provisions of Section 307 (33 U.S.C. 1317) of the Act.

“TTO” means total toxic organics. The summation of all quantifiable values greater than 0.01 milligrams per liter for the toxic organics listed in 40 CFR Pretreatment Standards for categorical industries or listed in 40 CFR Part 122, Appendix D, Table II.

“Wastewater treatment system” or “system” means any devices, facilities, structures, equipment or works owned or used by the city and its contracting communities for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment and their appurtenances; extensions, improvements, remodeling additions and alterations thereof; elements essential to provide a reliable recycle supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

“Water and sewer board” means the body of officials appointed by the city of Brookfield to oversee the management of the POTW.

“WPCC” means Brookfield Fox River Water Pollution Control Center.

“WPDES permit” means any permit or requirement issued by the Wisconsin Department of Natural Resources (DNR) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) and Chapter NR 283 Wisconsin Statutes, for the purpose of regulating the discharge of sewage, industrial wastes or other wastes under the authority of Section 402 of the Act. (Ord. 2464-16 (part), 2016: Ord. 2164-08 § 1, 2008; Ord. 2024 § 5 (part), 2005; Ord. 1900 § 3 (part), 2002)

13.20.050 Significant industrial user designation.

A significant industrial user or significant user is any user of the city’s wastewater treatment system who:

A. Has an average discharge of twenty-five thousand (25,000) gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or

B. Has a wastewater flow contribution of five percent or more of the average dry weather hydraulic or organic capacity of the city’s wastewater treatment system; or

C. Is subject to National Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N, and/or discharges toxic pollutants in amounts potentially or actually exceeding limits set forth in the chapter; or

D. Is designated as such by the city on the basis that the user has a significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system; or has a reasonable potential for adversely affecting the treatment plant’s operation or for violating any pretreatment standard or requirement;

E. If the city finds that a significant industrial user as defined in subsection (A), (B), or (D) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, determine that such an industrial user is not a significant industrial user;

F. Within thirty (30) days after identifying an industrial user as a significant industrial user, the city shall notify the newly designated significant industrial user of its status and of all requirements applicable to it as a result of its status. The city shall maintain a list of significant industrial users, shall provide this list to the Department, and shall notify the Department of changes to the list and reasons for the changes. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.060 Fees.

A. Purpose. It is the purpose of this section to provide for the recovery of cost from industrial users of the Brookfield WPCC for the implementation of the program established herein. The applicable permit charges or fees shall be set forth in the city’s industrial pretreatment program SOP to be prepared, from time to time, by the director of public works and approved by the water and sewer board.

B. Charges and Fees. The water and sewer board shall adopt charges or fees which may include the following:

1. Fees for administrative, monitoring, inspection and surveillance procedures;

2. Other fees as the city may deem necessary to carry out the requirements contained herein.

C. A charge in addition to the basic service charge and the quantity flow charge shall be levied for wastes which exhibit biochemical oxygen demand (BOD), total suspended solids (TSS), phosphorous (P) or an ammonia nitrogen (NH3N) concentration in excess of “normal strength” waste. “Normal strength” waste contributory to the Fox River Water Pollution Control Center is defined as waste not exceeding two hundred fifty (250) milligrams per liter (mg/L) of BOD, three hundred (300) milligrams per liter (mg/L) of TSS, five milligrams per liter (mg/L) of P or twenty-five (25) milligrams per liter (mg/L) of NH3N.

D. A charge in addition to the basic service charge and the quantity flow charge shall be levied, to recover NR 101 fees, for users which discharge pollutants to the POTW for which the city pays fees.

E. The director of public works shall review these charges and make recommendations to the water and sewer board for adjustments as are deemed necessary.

F. Proof of waste strength in excess of normal strength shall be determined from a flow proportional composite sample over a twenty-four (24) hour period if the discharge occurs over a twenty-four (24) hour period under representative discharge conditions. The samples shall be collected over the period of discharge if less than twenty-four (24) hours. An alternative sampling method may be used with prior approval of the city. Laboratory analyses of samples collected shall be performed in accordance with 40 CFR Part 136, or other such methods as approved by the city of Brookfield, by a laboratory certified or registered by the Department according to NR 149, Wisconsin Administrative Code.

G. Users of the sanitary sewer system discharging wastes in excess of “normal strength” waste may be required to perform self-monitoring testing on a schedule established by the city. (Ord. 2464-16 (part), 2016: Ord. 2024 § 5 (part), 2005; Ord. 1900 § 3 (part), 2002)

13.20.070 Administration.

A. Wastewater Discharges. It is unlawful to discharge sewage, industrial wastes or other waste to any sewer within the jurisdiction of the wastewater treatment system without having first complied with the terms of this chapter. All users shall comply with all the terms of this chapter within ninety (90) days after the effective date of this chapter.

B. Standards Modifications. The city reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance by the city with applicable laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, this chapter shall be amended to require compliance by users with such standards within the timeframe prescribed by such standards. All National Categorical Pretreatment Standards adopted after the promulgation of this chapter shall be adopted by the city as part of this chapter. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.080 Discharge regulations—Applicability.

A. No industrial wastes shall be discharged, either directly or indirectly, into the sewage system without the approval of the city. No sewage, including industrial wastes, shall contain any substance which is deemed deleterious by the city to the operation of the sewerage system nor shall any sewage be discharged into the sewerage system, the discharge of which is prohibited by any other agencies having jurisdiction in this matter. No person shall deposit, discharge, cast or throw into any sewer, sewer inlet, sewer outlet, sewer manholes, sewer pipe or any part of the city sanitary sewer system any substance or material which will cause an obstruction, nuisance or damage, or which is explosive or dangerous, or stormwater, or groundwater, or any material which is not suitable for treatment or disposal by said system.

B. The city being guided by the standard adopted in the city municipal code and Chapter 11 of the Rules of the MMSD, may require the owner, operator or tenant of any industrial plant or other establishment discharging, or proposing to discharge, industrial wastes into the sewerage system to provide at such user’s expense such preliminary treatment or handling facilities as may be necessary to reduce or modify the objectionable characteristics or constituents of such industrial wastes, or to control the quantity and rate of discharge of such industrial wastes. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.090 General discharge prohibitions.

No user shall discharge or cause to be discharged any pollutant or wastewater that will pass through or interfere with the operation or performance of the wastewater treatment system. These general prohibitions shall apply to all industrial users of the system whether or not the industrial user is subject to Federal Categorical Pretreatment Standards or any other federal, state or local pretreatment standard or requirement. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.100 Specific prohibitions.

No industrial user shall discharge any of the following described substances, pollutants or wastewater into the POTW:

A. Any liquid, solids or gases that by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to create or contribute to a fire or explosion hazard or be injurious in any other way to the operation of the wastewater treatment system, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty (140) degrees F. or sixty (60) degrees C. using test methods specified in 40 CFR 261.21.

B. Solid or viscous substances which may cause obstruction to the flow in a sewer or cause interference with the operation of the wastewater treatment system.

C. Any wastewater having a pH less than 5.0 or greater than 10.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the wastewater treatment system.

D. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate or concentration which, either singly or by intersection with other pollutants, will interfere with the operation of the wastewater treatment system.

E. Any wastewater having a temperature which will inhibit biological activity in the POTW, resulting in interference, but in no case, wastewater with a temperature that exceeds sixty-five (65) degrees C. (one hundred forty-nine (149) degrees F.) measured in the wastestream at the point of entry to the municipal sewer or heat causing individually or in combination with other wastewater, the influent of the POTW to have a temperature exceeding forty (40) degrees C. (one hundred four (104) degrees F.).

F. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals or create a toxic effect in the receiving water of the wastewater treatment system.

G. Any substance that will cause the city to violate its WPDES permit.

H. Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

I. Any unpolluted water including, but not limited to, water from noncontact cooling systems or of storm water or subsurface drainage origin, which will increase the hydraulic load on the treatment system.

J. Any concentrated substances regulated by Chapter NR 605 Wisconsin Administrative Code, which control substances meeting hazardous waste characteristics or hazardous waste materials.

K. Nonpolar petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in excess of one hundred (100) mg/L as measured by the silica gel treated hexane extractable material (HEM-SGT) analytical method, or in amounts that will cause interference or pass-through.

L. Polar oil or grease of animal or vegetable origin in excess of three hundred (300) mg/L or in amounts that will cause interference or pass-through.

M. 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.

N. Any trucked or hauled pollutants, except at discharge points designated by the POTW.

O. Any wastewater containing fats, wax, grease, or oils, whether emulsified or not, containing substances which may solidify or become viscous at temperatures between zero degrees C. (thirty-two (32) degrees F.) and sixty-five (65) degrees C. (one hundred forty-nine (149) degrees F.). Any facility discharging excessive amounts of oil and grease detected by the city to be causing fats, oils, or grease obstructions in the sewer line must have installed a properly sized grease interceptor or trap as determined by master plumber design calculations; and service (pump/clean) grease interceptors or traps as necessary to allow a continuous, efficient operation, to prevent obstruction of flow in the sewer system, and/or to cause interference with operation of the treatment plant.

P. Used anti-freeze, motor oil, brake fluid, transmission fluid, hydraulic fluid, oil-based paint and paint thinners if the material is in a collectible and recyclable quantity.

Q. Medical wastes or infectious wastes, except as specifically authorized by the DPW.

R. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test, or its sludge to be in noncompliance with sludge use, recycle or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Act, the Toxic Substances Control Act, or other regulations or criteria for sludge management and disposal as required by the Department.

S. Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW.

T. Any wastewater which imparts color which cannot be removed by the treatment system, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the POTW’s effluent.

U. POTW has authority to regulate chloride discharges from all sources. A POTW may develop and enforce specific standards or requirements to regulate the discharge of chloride from industrial, residential and commercial sources. The POTW’s authority includes the authority to regulate all industrial, commercial and domestic wastewater containing chloride. (Ord. 2464-16 (part), 2016: Ord. 2347-13 § 1, 2013; Ord. 2164-08 § 2, 2008; Ord. 1900 § 3 (part), 2002)

13.20.110 Limitation on wastewater strength.

A. National Categorical Pretreatment Standards.

1. Limits in categorical pretreatment standards shall apply to the effluent from the process regulated by the standard, unless otherwise specified in the standard. Limits in categorical pretreatment standards shall apply to wastestreams which are transported off-site for disposal as well as those discharged on-site.

2. All industrial users, except new sources, shall comply with the applicable categorical pretreatment standards within three years from the effective date of the standard or within a shorter time period if specified in the applicable standard.

3. New sources shall install, have in operating condition and start up all of the pollution control equipment required to meet the applicable pretreatment standards before beginning discharge. Within the shortest feasible time, not to exceed ninety (90) days, new sources shall meet all application pretreatment standards.

B. Conversion from Production Based Standards to Mass or Concentration Standards.

1. a. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the city may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating limits for individual users.

b. Equivalent mass per day limits shall be calculated by multiplying the limits in the standard by the industrial user’s average rate of production. This average rate of production shall be based upon a reasonable measure of the industrial user’s actual long-term daily production, such as average daily production, during a representative year. For new sources, actual production shall be estimated using projected production.

c. Equivalent concentration limits shall be calculated by dividing the mass limits derived according to subsection (B)(1)(b) of this section by the average daily flow rate of the industrial user’s process wastewater. This average daily flow rate shall be based upon a reasonable measure of the industrial user’s actual long-term average flow rate, such as the average daily flow rate during the same representative year used in subsection (B)(1)(b) of this section.

d. When pretreatment standards specify both daily and long-term limits, the same production or flow figures shall be used in calculating daily and long-term equivalent limits.

2. Equivalent limits calculated according to subsection (B)(1) of this section shall be considered pretreatment standards for the purposes of this chapter. Industrial users shall comply with the equivalent limitations instead of the promulgated categorical standards from which the equivalent limits were derived.

C. State Requirements. State requirements and limitations on dischargers shall be met by all industrial users which are subject to such standards in any instance in which the state requirements and limitations are more stringent than federal requirements and limitations or those requirements and limitations contained in this or any other applicable local regulation.

D. City’s Specific Discharge Limitation.

1. No user except as authorized pursuant to a wastewater discharge permit shall discharge, either directly or indirectly, into the city’s sewerage system any waste containing concentrations of pollutants in excess of the following:

Pollutant	Limitation (mg/L)	Pollutant	Limitation (mg/L)
Arsenic	0.50	Cyanide (T)	2.30
Cadmium	0.08	Oil & Grease	300**
Chromium (T)	7.60	Total toxic organics	2.13***
Copper	2.10
Lead	2.80
Mercury	3.00 ug/L
Molybdenum*	2.20 mg/L or 0.97 lbs/day
Nickel	3.30
Selenium	1.50
Silver	2.90
Zinc	2.90
* This limit is based on a daily maximum concentration, or a daily mass limitation. Users are required to comply with either the concentration limit or the mass limit for molybdenum.
** The limitation for oil and grease pertains to total hexane extractable material (HEM) using Method 1664, as established by 40 CFR 136.
*** Sum of all organic compound concentrations listed in, but not limited to, 40 CFR 122, Appendix D, Table II.

2. Continuous Monitoring of pH. The city will allow a waiver above the maximum pH limit listed in Section 13.20.100(C), one percent of the total monitoring time subject to the following restrictions:

a. An industrial user shall not discharge below a pH of five (NR 211.10(2)(b)).

b. A waiver will not be granted from a categorical standard for an upper pH limit, if such an upper limit exists in the standard.

c. A waiver will not be granted if the waiver will cause pass-through or interference at the POTW.

E. City’s Right of Revision. The city reserves the right to establish more stringent limitations or requirements on discharges to the city’s wastewater disposal system if deemed necessary to comply with the objectives presented in this section.

F. Dilution Prohibition. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever 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 a pretreatment standard or requirement, state requirement or local limitation. The city may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate.

G. Amalgam Management at Dental Facilities. Any dental office that places or removes amalgam shall implement the amalgam management practices established by the Wisconsin Dental Association. Practices include capturing and recycling all forms of waste amalgam from empty capsules, excess scrap, chair-side traps and vacuum filters. This section does not apply to dental facilities that do not place or remove amalgam, such as orthodontics, periodontics, oral and maxillo-facial surgery, endodontics or prosthodontics.

1. Every vacuum system where amalgam is placed or removed shall incorporate an amalgam separator that meets ISO 11143 standards by January 1, 2010. Facilities shall install, operate, and maintain the amalgam separator according to manufacturer instructions. The amalgam separator must be of sufficient capacity for the size of dental facility and vacuum system.

2. Records of amalgam separator maintenance shall be retained for a minimum of three years, and shall be readily available for inspection and copying upon request by the city. Records must contain volume or weight of amalgam waste, name and address of shipper, and name and address of destination.

3. Dental facilities shall allow the city to enter the premises during normal operating hours for the purpose of inspection or records examination.

4. Dental facilities implementing Wisconsin Dental Association BMPs and that operate and maintain an amalgam separator are exempt from numerical mercury discharge limits as listed in subsection (D)(1) of this section.

H. Significant industrial, commercial, and other large wastewater contributors (e.g., hospitals, hotels) shall evaluate their water treatment systems with regard to softened water requirements, and where feasible, upgrade current water softeners with a brine reclamation system. (Ord. 2464-16 (part), 2016: Ord. 2347-13 § 2, 2013; Ord. 2164-08 §§ 3, 4, 2008; Ord. 2021-05, 2005; Ord. 1900 § 3 (part), 2002)

13.20.120 Changes in discharges.

Any discharger planning to alter or change any activity at the discharger’s facility that would significantly increase or decrease the volume or alter the content of any existing source of industrial wastewater discharge into the city’s sewerage system must file a written notice of intent to discharge wastewater to the city at least thirty (30) days prior to the proposed change. This does not include changes in volume or content resulting from shifts in existing production levels at the user’s facility. A significant increase or decrease shall be defined as a fifty (50) percent increase or decrease in the volume of industrial wastewater currently being discharged by a discharger whose daily average volume of industrial wastewater discharged into the city’s sewage system is twenty-five thousand (25,000) gallons per day or less. For dischargers whose daily average volume of industrial wastewater discharge into the city’s sewerage system is greater than twenty-five thousand (25,000) gallons per day, a significant increase or decrease shall be defined as a ten percent increase or decrease in the volume of industrial wastewater currently being discharged. An alteration shall be defined as any change in chemicals utilized within a process which will alter the characteristics of the industrial waste discharge. The city may require an inspection of the user processes, sampling of the user discharge, issuance of a discharge permit, and/or modification of an existing permit. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.130 Accidental discharges.

Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator’s own cost and expense. Industrial users or significant users shall notify the city immediately upon the occurrence of an accidental discharge of substances prohibited by this chapter and report as per Section 13.20.220. The city may require the user to develop and implement a spill/slug control plan. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.140 Proper disposal of pretreatment sludges.

The disposal of sludges generated within wastewater pretreatment systems shall be done in accordance with Section 405 of the Clean Water Act and subtitles C and D of the Resources Conservation and Recovery Act. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.150 Bypass.

A. Bypass Not Violating Applicable Pretreatment Standards or Requirements. An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (B) and (C) of this section.

B. Notice.

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

2. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the city within twenty-four (24) hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission 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 city may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

C. Prohibition of Bypass. Bypass is prohibited, and the city may take enforcement action against an industrial user for a bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production;

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

3. The industrial user submitted notices as required under subsection (B) of this section.

D. The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the three conditions listed in subsection (C). (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.160 Combined wastestreams.

A. The city shall evaluate and grant requests for combined wastestreams as deemed necessary and warranted. Under no circumstances shall dilution by combined wastestreams be substituted for proper treatment.

B. Where process effluent is allowed by the city to be mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be calculated by the city. These alternative limits shall be applied to the mixed effluent. The alternative limit for a specified pollutant will be derived by the use of either of the following formulas:

Alternative Concentration

Alternative Mass

Where:

CT = alternative concentration limit for the combined wastestream.

Ci = the categorical pretreatment standard concentration limit for a pollutant in the regulated stream i.

MT = the alternative mass limit for a pollutant in the combined wastestream.

Mi = the categorical pretreatment standard mass limit for a pollutant in the regulated stream i (the categorical pretreatment mass limit multiplied by the appropriate measure of production).

N = the total number of regulated streams.

Fi = the average flow (at least a thirty (30) day average) of stream i to the extent that it is regulated for such pollutant.

FT = the average daily flow (at least 30-day average) through the combined treatment facility (includes Fi, FD and unregulated streams).

FD = The average daily flow over at least thirty (30) days from:

a. Boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams; provided, however, that where such streams contain a significant amount of a pollutant, and the combination of such streams, prior to treatment, with an industrial user’s regulated process wastestream(s) will result in a substantial reduction of that pollutant, the city upon application of the industrial user, may exercise its discretion to determine whether such stream(s) should be classified as diluted or unregulated. In its application to the city, the industrial user must provide engineering, production, sampling and analysis and such other information so that the city can make its determination; or

b. Sanitary wastestreams where such streams are not regulated by a categorical pretreatment standard; or

c. Process wastestreams which were exempted from categorical pretreatment standards from one or more of the following reasons:

i. The pollutants of concern are not detectable in the effluent from the industrial user;

ii. The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects;

iii. The pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the administrator of EPA; or

iv. The wastestream contains only pollutants which are compatible with the POTW.

C. When deriving alternative categorical limits, the city shall calculate both an alternative daily maximum value using the daily maximum value(s) specified in the appropriate categorical pretreatment standard(s) and an alternative consecutive sampling day average value using the monthly average value(s) specified in the appropriate categorical pretreatment standard(s).

D. The industrial user shall comply with the alternative daily maximum and monthly average limits until the city modifies the limits. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant. An industrial user must immediately report any such material or significant change to the city. Where appropriate, new alternative categorical limits shall be calculated within thirty (30) days. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.170 Wastewater discharge permits.

All significant industrial users currently discharging or proposing to discharge sewage, industrial wastes and other wastes to the wastewater treatment system shall obtain a permit from the city.

A. Permit Content. The discharge permit shall contain the following:

1. Statement of duration (in no case more than five years);

2. Transferability requirements;

3. Effluent limits, including best management practices, based on prohibited discharge standards, categorical pretreatment standards, local limits, and state and local laws;

4. Requirements for self-monitoring, including sampling location, sampling frequency, sample type, record keeping and reporting;

5. Notification requirements for irregular discharges as per Section 13.20.280(A)(8);

6. Any applicable compliance schedule;

7. A description of the civil and criminal penalties for violation of pretreatment standards or requirements;

8. Requirements to control slug discharges, if determined by the city to be necessary; and

9. Any other requirements that the city deems necessary.

B. Modification or Revision of Permit. The terms and conditions of a permit may be subject to modification by the city at any time the city deems it necessary.

1. A permit may also be modified to incorporate special conditions resulting from the issuance of a special order by the city; to incorporate any new or revised federal, state, or local pretreatment standards or requirements; or upon receipt of information indicating that the permitted discharge poses a threat to the POTW, personnel, or receiving waters.

2. Any modifications which result in new conditions in a permit shall include a reasonable time schedule for compliance, if necessary.

3. A significant industrial user shall submit to the city a permit application form for reissuance of a permit at least sixty (60) days before the expiration date of a permit.

C. Limitations on Permit Transfer. Wastewater discharge permits will be issued to a specific user for a specific operation and are not assignable to another user or transferable to any other location without the prior written approval of the city. Sale of a user shall obligate the purchaser to seek prior written approval of the city for continued discharge to the city’s sewerage system at least thirty (30) days in advance of the proposed change in ownership.

D. Discharge Permit Appeals. The user may petition the city to reconsider the terms of a wastewater discharge permit within thirty (30) days of issuance or user receipt of the permit.

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

2. In its written petition, the user must indicate the permit provisions objected to, the reasons for the objection, and the alternative condition, if any, the user seeks to place in the permit.

3. The effectiveness of the discharge permit shall not be stayed pending the appeal.

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

E. Temporary user discharge conditions and requirements may be incorporated into a letter of understanding issued by the city. The letter of understanding will be issued for situations including, but not limited to, an extension of an expiring permit before re-issuance of the permit, to allow a nonroutine discharge, to allow discharge from a groundwater remediation project, or to allow or restrict discharge from a redesigned pretreatment system during upgrade.

F. All reports required by this permit shall be signed as specified in Section 13.20.270. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.180 Notice of intent to discharge wastewater.

A. Industrial users shall complete and file with the city a notice of intent to discharge wastewater. The notice of intent to discharge wastewater shall be submitted in writing on a form provided by the city by the following:

1. Existing industrial user with a new owner;

2. New industrial user;

3. Existing industrial user proposing to discharge process wastewater from a facility where there is currently no discharge;

4. Existing industrial user significantly altering the volume or characteristics of an existing discharge as per Section 13.20.120;

5. Significant industrial user applying for reissuance of an existing discharge permit.

B. The notice of intent to discharge wastewater shall be submitted to the city at least sixty (60) days prior to an industrial user being affected by change as defined by the above criteria. Contract communities serviced by the POTW will be responsible for issuing a notice of intent to discharge wastewater to all users in their respective jurisdiction and forwarding the completed form to the city.

C. Information Requirements. The notice of intent to discharge wastewater shall include sufficient information to allow the city to evaluate the effect of the change as defined by one of the above criteria on the wastewater treatment system, and to assure compliance with this chapter; and contain the certification statement as specified in Section 13.20.260 and be signed as specified in Section 13.20.270. The city may request additional information such as site plans, floor plans and plumbing plans which show all sewers and sewer connections by the size and location; or the completion of a solvent management plan for the purpose of identifying hazardous chemicals or products and the storage containment and disposal practices of said materials; or the completion of a plans and specifications for a wastewater pretreatment system; or any other information deemed necessary by the city. The city and/or authorized agent may also conduct sampling and/or inspection activities to determine compliance with regulations listed in this chapter. If a user is planning to install or modify pretreatment facilities to comply with a categorical pretreatment standard, a pretreatment standard set forth in this chapter, a permit condition, or an order of the city, then the user shall provide plans and specifications to the Department and the city. A user may not begin discharging from the pretreatment facilities until the user has received approval from the Department and the city.

D. Notification. The city shall evaluate the completed notice of intent to discharge wastewater form, data submitted by the facility, and/or any sampling or inspection data and will within thirty (30) days notify the facility of the city’s determination to issue a discharge permit. The city may instead designate the facility insignificant or elect to monitor the facility through inspection or sampling at a frequency deemed necessary by the city. The city will notify an applicable contract community of a facility’s status determination by completing a transmittal of notice of intent to discharge wastewater form. Contract community personnel will be required to conduct or assist city personnel in data gathering activity at an applicable facility as deemed necessary by the city. The Department and the city may notify the user of approval, conditional approval or disapproval of pretreatment system plans and specifications. Any conditional approval or disapproval requires the user to resubmit plans until approval is obtained prior to discharge from said system. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.190 Baseline monitoring report.

Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, industrial users subject to that standard which are not new sources and which are currently discharging or scheduled to discharge into the city wastewater treatment system, shall submit to the city a report containing the information listed in subsections (A)(1) through (7) of this section. At least ninety (90) days before the commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard shall submit a report to the city which contains the information listed in subsections (A)(1) through (5) of this section. New sources shall estimate the information required by subsections (A)(4) and (5) of this section. New sources shall also include in this report information regarding the method of pretreatment that will be used to meet the applicable pretreatment standards. The city may require the industrial user to submit any additional information which the city deems necessary to determine the industrial user’s ability to meet the applicable categorical pretreatment standards.

A. Content. Baseline monitoring reports shall include the following information:

1. The name, address, and location of the industrial user and the name of the owner or operator;

2. A list of any environmental control permits held by or for the industrial user;

3. The nature and average rate of production and the standard industrial classification (SIC) of the processes carried out by the industrial user. This description shall include a schematic diagram which indicates points of discharge to the city wastewater treatment system from the processes regulated by the applicable categorical pretreatment standard;

4. The measured average and maximum flows from the industrial user to the city wastewater treatment system, in gallons per day, from each process regulated by a categorical pretreatment standard and from other streams as necessary to allow use of the combined wastestream formula set forth in Section 13.20.160;

5. The nature and concentration of pollutants in the discharge from each of the industrial user’s regulated processes and an identification of applicable categorical pretreatment standards. The nature and concentration of pollutants in each discharge shall be determined in accordance with subsections (A)(5)(a) through (e) of this section as follows:

a. Sampling and analysis shall be performed to identify the concentration or mass of regulated pollutants in the discharge from each regulated process, according to the requirements of the applicable categorical pretreatment standard and the city. Both daily maximum and average values shall be reported. Average values shall include monthly, four-day or thirty (30) day averages specific to the applicable categorical standard. Samples shall be representative of daily operations. A minimum of four grab samples per day shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. All other samples shall be twenty-four (24) hour flow proportional composites, unless time proportional or grab sampling is authorized by the city. Where alternative sampling is authorized by the city, the samples shall be representative of the discharge and the decision to allow alternative methods shall be documented in the industrial user’s file. Multiple grab samples collected during a twenty-four (24) hour period may be composited prior to analysis provided appropriate protocols specified in Chapter NR 219 and in EPA and DNR guidance are followed. Samples for cyanide, total phenols and sulfides may be composited in the laboratory or in the field. Samples for volatile organics and oil and grease may be composited in the laboratory. Other samples may be composited using approved methodologies as authorized by the city.

b. The industrial user shall collect and analyze a minimum of one representative sample to compile the data necessary for this subsection. Sampling shall be performed during full facility production when substances subject to regulation, including those in batch or periodic discharges, are likely to be present in maximum concentrations. The city may require more frequent monitoring when necessary to access compliance with the applicable pretreatment standards. If an industrial user samples any pollutant more frequently than required by the city, the results of this monitoring must be included in the report.

c. Samples shall be taken at the discharge from the regulated process, or at the discharge from pretreatment facilities; provided, that wastewaters that are not regulated by the applicable categorical pretreatment standard are not mixed with the regulated wastestream prior to the sampling point. If streams which are not regulated by the applicable categorical pretreatment standard are mixed with the regulated stream prior to the sampling point, the industrial user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula set forth in Section 13.20.160.

d. Representative historical data may be used if approved by the city.

e. The report shall indicate the time, date, and place of sampling, method of analysis, and shall certify that sampling and analysis are representative of normal work cycles and expected pollutant discharges to the city wastewater treatment system.

6. A statement indicating whether the applicable categorical pretreatment standards are being met on a constant basis and, if not, whether additional operation and maintenance, or additional pretreatment, or both, is required in order for the industrial user to meet the applicable categorical pretreatment standards. The statement shall be reviewed by an authorized representative of the industrial user and certified by a qualified professional.

7. If additional pretreatment or operation and maintenance is needed, the industrial user shall submit the shortest schedule by which additional treatment or operation and maintenance can be provided. The completion date resulting from this schedule may not be later than the compliance date established for the applicable categorical pretreatment standard. The schedule shall specify dates for the commencement and completion of the major events necessary to provide the additional pretreatment or operation and maintenance. The length of time between any two dates may not exceed nine months.

a. Not later than fourteen (14) days following each date in the schedule, the industrial user shall submit to the city a progress report, including at a minimum a statement of whether the required event was completed by the specified date and if not, the reason for delay, the steps being taken to return to the schedule, and the date on which the required event will be completed. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.200 Ninety (90) day final compliance report.

A report shall be submitted to the city within ninety (90) days after the date for final compliance with applicable categorical pretreatment standards or, for new sources and sources that become industrial users subsequent to the compliance date of an applicable categorical pretreatment standard, the date on which wastewater is first discharged to the POTW. The report shall include the information required by Section 13.20.190(A)(4) through (6). For industrial users subject to equivalent mass or concentration limits established by the city as specified in Section 13.20.110(B), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report shall include the user’s actual production or other measure of operation during the appropriate sampling period. The report shall be signed as specified in Sections 13.20.260 and 13.20.270. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.210 Hazardous waste report.

A. A user shall submit a hazardous waste report to the city, the EPA Region V Waste Management Division Director, and the DNR Bureau of Solid and Hazardous Waste Management if the user discharges any of the substances as defined in subsection (A)(1) or (2) of this section to the city wastewater treatment system.

1. More than fifteen (15) kilograms per calendar month of any substance that would be listed or characteristic hazardous waste if otherwise disposed according to 40 CFR Part 261; or

2. Any amount of substances that if otherwise disposed of would be acute hazardous waste according to 40 CFR Part 261.30(d) or 261.33(c).

B. Hazardous waste reports shall include the following information:

1. The name of hazardous waste as set forth in 40 CFR Part 261;

2. The EPA hazardous waste number;

3. The type of discharge (batch, continuous, or another type); and

4. A certification that the user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the greatest degree economically practicable.

C. If the user discharges to the city wastewater treatment system more than one hundred (100) kilograms per month of substances that if otherwise disposed would be hazardous waste, the hazardous waste report shall also include the following additional information to the extent that it is known to the user:

1. The identity of the hazardous constituents contained in the listed waste;

2. The mass and concentration of the hazardous constituents in the wastestream discharged during each month; and

3. An estimation of the mass of hazardous constituents the user expects to discharge during the following twelve (12) months.

D. Users shall submit the hazardous waste report:

1. Within one hundred eighty (180) days of the commencement of discharge of any listed or characteristic hazardous waste in quantities that make the user subject to this section; or

2. Within ninety (90) days after new federal or state regulations define as a hazardous waste substances that the user discharges in quantities that make the user subject to this section.

E. Any notification required under this section need be submitted only once for each hazardous waste discharged to the sewerage system except for notifications of changed discharges according to Section 13.20.280(A)(7).

F. If other reports under this chapter have included the information that would be in the hazardous waste report, then a hazardous waste report is not required.

G. Hazardous waste reports shall contain the certification set forth in Section 13.20.260 and be signed according to Section 13.20.270. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.220 Accidental discharge report.

A. Any industrial user shall immediately notify the city of any discharge that could cause problems at the POTW, such as any slug loading in violation of Section 13.20.100, or of any changes at the facility affecting the potential for a slug discharge and the need for a slug control plan as required by Section 13.20.280(C)(2). Where such information is given orally, a written follow-up report shall be filed by the user with the city within five days of the event and shall be signed as specified in Sections 13.20.260 and 13.20.270. The report shall specify:

1. A description of the accidental discharge, upset, spill or slug, the cause thereof, and the resulting impact on the user’s compliance status;

2. The time and duration of noncompliance and, if the noncompliance continuous, the time by which compliance is reasonably expected to occur;

3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance; and

4. The report shall be signed as specified in Sections 13.20.260 and 13.20.270.

B. Liability. Such notification will not relieve users of liability for any expenses, loss or damage to the city wastewater treatment system. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.230 Industrial user update form.

Industrial users shall complete and file with the city an industrial user update form. The industrial user update form shall be submitted in writing on an annual basis on a form provided by the city. Contract communities serviced by the POTW will be responsible for providing an industrial user update form to all industrial users on the pretreatment program industrial user listing in their respective jurisdiction, and forwarding the completed form to the city. The industrial user update form shall include sufficient information to allow the city to evaluate the effect of user operations on the wastewater treatment system, and shall be signed as specified in Sections 13.20.260 and 13.20.270. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.240 Bypass report.

Intentional bypass is prohibited. Industrial users shall provide the city with notice of a bypass as per Section 13.20.150(B). (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.250 NR 101 annual monitoring reports.

An industrial user subject to applicable regulation must file an NR 101 annual monitoring report for wastewater discharges with the Wisconsin Department of Natural Resources. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.260 Reports—Certification requirements.

The reports required by Sections 13.20.180 through 13.20.250, 13.20.280, and 13.20.290 shall contain the following certification:

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

(Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.270 Reports—Signatory requirements.

The reports required by Sections 13.20.180 through 13.20.250, 13.20.280, and 13.20.290 shall be signed according to this section.

A. If the user submitting a report is a corporation, the report shall be signed by one of the following persons:

1. President;

2. Secretary;

3. Treasurer;

4. Vice-President in charge of a principal business function;

5. A person who performs similar policy-making functions for the corporation;

6. The manager of one or more manufacturing facilities provided the manager is authorized to make decisions which govern the operation of the facility, make major capital investment recommendations, initiate and direct comprehensive measures to assure long-term compliance with environmental laws, can ensure the necessary systems are established to gather complete and accurate information for the report and where authority to sign documents has been delegated to the manager according to the corporation’s procedures; or

7. A representative of one of the persons listed in subsections (A)(1) through (6) of this section if the representative is authorized according to subsection (B) of this section.

B. Representative Signature.

1. A representative may sign a report if:

a. The representative has written authorization to sign the report;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the user or having overall responsibility for environmental matters for the user; and

c. The written authorization is submitted to the city.

2. If the authorization submitted according to subsection (B)(1) of this section becomes inaccurate, the user shall submit a new authorization before or together with the next report.

C. If the user submitting the reports is a partnership, the reports shall be signed by a general partner or a representative authorized according to subsection (B) of this section.

D. If the user submitting the reports is a sole proprietorship, the reports shall be signed by the proprietor or a representative authorized according to subsection (B) of this section. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.280 Monitoring requirements.

Any significant industrial user subject to an applicable categorical pretreatment standard or a pretreatment standard set forth in this chapter and duly permitted, after the compliance date of such pretreatment standard, or in the case of a new industrial user, after commencement of the permit to discharge to the POTW, shall monitor its wastewater discharges subject to regulation to ascertain compliance with the applicable limitations. Said monitoring shall be conducted in accordance with the frequency set forth in the permit.

Minimum monitoring requirements are for one sampling of the discharge from the user’s process between January 1st to June 30th and a second sampling between July 1st and December 31st. Users shall monitor more frequently if required to do so by the city, or the Department, or the applicable categorical pretreatment standards. The monitoring results, including the nature and concentration of pollutants in the effluent which are limited by categorical or local pretreatment standards and the measured required time period flow, shall be submitted to the city within fifteen (15) days of the end of the monitoring period. If the user monitors any pollutant more frequently than required by the permit, the results of such monitoring shall be submitted to the city. For industrial users subject to equivalent mass or concentration limits established by the city, the report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, the report shall include the user’s actual production or other measure of operation during the monitoring period. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed postage prepaid into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern. Reports may be faxed with the posted fax date governing receipt.

A. Sampling and Reporting Procedures.

1. Samples shall be obtained utilizing flow proportional sampling techniques. The samples shall be collected over a twenty-four (24) hour period if the discharge occurs over a twenty-four (24) hour period. The samples shall be collected over the period of discharge if less than twenty-four (24) hours. The city may waive flow proportional composite sampling requirements if the user demonstrates to the city that flow proportioned sampling is not feasible. In such cases, users may use time proportioned composite samples or grab samples which the user demonstrates will provide a representative sample, and has been approved by the city. Laboratory sampling and analysis of samples collected shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto, Chapter NR 219, or other such methods as approved by the Department. Laboratory test results submitted by the user to the city shall be performed by a laboratory certified or registered under Chapter NR 149. The following tests are excluded from this requirement: temperature, pH, flow measurements.

2. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics.

3. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user should measure the flows and concentrations necessary to allow use of the combined wastestream formula as specified in Section 13.20.160.

4. Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from all monitoring activities. 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 samples;

b. The dates the analyses were performed;

c. The name of the person who performed the analyses;

d. The analytical techniques or methods used; and

e. The results of the analyses.

The user shall submit such records with each self-monitoring report to the city.

5. The city may waive monitoring for noncategorical regulated substances that have not been detected in the wastewater of an industrial user at levels of concern to the city or at the treatment plant. The city may, at any time, require that the monitoring previously waived be again performed as deemed necessary.

6. The city will conduct monitoring of significant industrial users, independent of user self-monitoring, at a frequency deemed necessary by the city. If the city performs sampling in lieu of the user’s self-monitoring and sampling indicates a violation, the city must repeat the sampling and analysis of the noncompliant parameter(s) within thirty (30) days of becoming aware of the violation. The city may conduct monitoring and require reports of insignificant industrial users which discharge process wastewater to the POTW at a frequency deemed necessary by the city.

7. The industrial user shall notify the city in advance of any substantial change in the volume or character of the pollutants in the discharge, including changes in listed or characteristic hazardous wastes for which the user has submitted initial notification according to Section 13.20.210.

8. If sampling by the user indicates a violation, the user shall notify the city within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis of the noncompliant parameter(s) and submit the results of the repeat analysis to the city within thirty (30) days of becoming aware of the violation.

9. Confidential Information. Except for trade secret data determined to be confidential under Wisconsin Administrative Code NR 211.26, “Confidentiality,” all reports required by this chapter shall be available for public inspection upon written request. Effluent data shall be available to the public without restriction.

10. Records Retention. The user shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling, and chemical analyses made by or in behalf of the user in connection with its discharge. All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the city shall be retained and preserved by the user until all enforcement activities have concluded, and all periods of limitation with respect to any and all appeals have expired. Retention time may be increased when requested by the city, Department or EPA.

11. Severability. The provisions of a permit are severable and, if any provision of the permit or the application of any provision of a permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of a permit shall not be affected thereby.

12. Falsifying Information. Knowingly making any false statement on any report or other document required by this permit or knowingly rendering any monitoring device or method inaccurate may result in prosecution under the criminal laws of Wisconsin as well as being subjected to civil penalties and relief.

B. Monitoring and Sampling Facilities.

1. Each industrial user subject to the requirements of the industrial pretreatment program shall provide and operate at the user’s own expense, a monitoring facility to allow twenty-four (24) hour access for inspection, sampling and flow measurement of each sewer discharge to the POTW. Each monitoring facility shall be situated on the user’s premises, except when such a location would cause an extreme hardship on the user. When the city determines such an extreme hardship exists, the city may 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. Before any monitoring facility may be constructed, its location must be approved by the city.

2. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. If measuring devices are to be permanently installed, they shall be of a type approved by the city. All monitoring facilities shall be constructed and maintained in accordance with all applicable state and local construction standards and specifications.

3. Plans and specifications for the construction and installation of monitoring facilities shall have the design shown in the diagram titled “Details of Sampling and Gauging Manholes” available from the city. Any alternative design must be submitted for review and receive city approval prior to the beginning of construction.

4. All industrial users discharging process wastewater shall have an inspection and sampling manhole or structure with an opening of not less than twenty-four (24) inches in diameter and an internal diameter of not less than forty-eight (48) inches which is designed to contain flow measuring, recording, and sampling equipment as requested or required by the city to assure compliance with this chapter. An alternative sampling structure or scheme may be used only if approved by the city (for example, multi-tenant building or categorical process wastestream).

5. Where a regulated process wastestream is combined prior to treatment with wastewaters other than those generated by the regulated process, the industrial user may monitor either the segregated process wastestream or the combined wastestream for the purpose of determining compliance with applicable pretreatment standards. If the industrial user chooses to monitor the segregated process wastestream, the user shall apply the applicable categorical pretreatment standard. If the user chooses to monitor the combined wastestream, it shall apply alternative discharge limits calculated using the combined wastestream formula as provided in Section 13.20.160. The industrial user may change monitoring points only after receiving approval from the city. Any change in a user’s monitoring point(s) shall not allow the user to substitute dilution for adequate treatment to achieve compliance with applicable standards.

6. Any industrial user discharging wastewater at a pH below the minimum limit or above the maximum limit may be required to install a continuously monitoring pH chart recording device approved by the city. The recording device shall be cleaned and calibrated on a weekly basis or at a maintenance schedule established by the city. The user shall submit a monitoring report and/or chart recording to the city at a frequency determined by the city.

C. Inspection and Sampling Authorization. The industrial user shall allow the city or its representatives, exhibiting proper credentials and identification, to enter upon the premises of the user at all reasonable hours for the purposes of inspection, sampling or records examination. Reasonable hours in the context of inspection and sampling includes any time the user is operating any process which results in a process wastewater discharge to the wastewater treatment system. The city shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.

1. At a minimum, the city shall inspect each significant industrial user once a year and sample the effluent at least two times per year. The city shall inspect and sample each insignificant industrial user as deemed necessary by the city.

2. The city shall evaluate whether each significant industrial user needs a plan or other action to control slug discharges. Significant industrial users shall be evaluated within one year of being designated as a significant industrial user. If the city 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 city of slug/spill discharges, including any discharge that would violate a prohibition under Sections 13.20.090 or 13.20.100, with procedures for follow-up written notification within five days. Users shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised and trained to enact the emergency notification procedure;

d. If necessary, procedures to prevent adverse spills and any 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, measures for containing toxic organic pollutants (including solvents), measures and equipment for emergency response, and/or any necessary practices to limit the damage suffered by the treatment plant or the environment after a slug discharge. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.290 Monitoring and reporting requirements for centralized waste treaters.

A. Initial Report. At least one hundred eighty (180) days before the commencement of discharge, a new centralized waste treater shall provide the city with the following information:

1. Name, location, mailing address and the names of the owner and operator;

2. A description of the treatment equipment and processes, a schematic diagram and a discussion of performance capabilities;

3. The types of waste the centralized waste treater intends to treat, identified by industrial category and manufacturing process, and estimated volumes for each type of waste;

4. A description of the waste acceptance procedures developed according to subsection (C) of this section;

5. A description of effluent monitoring plans developed according to subsection (D) of this section; and

6. Any other information requested by the city.

B. New Wastestream Report. At least sixty (60) days before accepting wastes from an industrial category or manufacturing process not included in the report required by subsection (A) of this section, a centralized waste treater shall submit to the city the following information for the new type of waste:

1. A description of the waste, including industrial category and manufacturing process;

2. Estimates for the volume of the waste; and

3. The equipment and processes that will be used for treatment.

C. Waste Acceptance Procedures. Each centralized waste treater shall implement waste acceptance procedures sufficient to ensure that wastes accepted for treatment are within the centralized waste treater’s treatment capabilities and have no characteristics that could reasonably be expected to prevent compliance with the applicable pretreatment standards and requirements. These acceptance procedures shall include sampling and analysis, treatability studies and any other procedures necessary to identify the source and character of the waste.

D. Effluent Monitoring. Sampling and analysis of effluent shall be sufficient to assess consistent compliance with the applicable pretreatment standards and requirements. Samples shall be analyzed according to Section 13.20.280(A)(1).

E. Periodic Compliance Reports. On a schedule specified by the city, each centralized waste treater shall provide to the city the following information for all wastes treated since the previous report:

1. The name and address of each waste’s generator;

2. The volume and arrival date of each wastewater shipment and the name and address of the transporter;

3. The applicable pretreatment standards, including the generator’s production data if production based standards apply;

4. Effluent volume and effluent sampling and analysis results; and

5. Any other information requested by the city.

F. Combined Wastestreams.

1. When wastestreams regulated by different categorical pretreatment standards are combined prior to treatment, alternative discharge limits shall be derived according to Section 13.20.160, except as provided in subsections (F)(2) and (3) of this section.

2. a. The centralized waste treater shall comply with alternative discharge limits determined by the city’s best professional judgement when:

i. The city determines that the calculation of alternative discharge limits according to Section 13.20.160 are not practical; and

ii. The Department has approved the city’s determination and alternative limits which have been developed according to subsection (F)(2)(b) of this section as follows.

b. Alternative limits developed according to this subsection shall assure treatment equivalent to that prescribed in the categorical standards which apply to the contributing wastestreams. Alternative limits shall be based on the most stringent categorical limit for each pollutant or the best available treatment technologies for the contributing wastestreams.

3. Neither dilution nor mixing may be used in lieu of treatment to achieve compliance with applicable limitations; the city requires segregated treatment of wastestreams.

G. Additional Requirements.

1. Centralized waste treaters shall submit reports to the city according to Sections 13.20.180 through 13.20.250 and 13.20.280.

2. The reports required by this chapter shall contain the certification set forth in Section 13.20.260 and be signed according to Section 13.20.270. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)

13.20.300 Hauled waste.

The POTW offers disposal services to DNR licensed sanitary pumpers and haulers for wastes generated in the city wastewater treatment system service area. The city has established regulations and procedures governing the acceptance of either domestic septage or holding tank wastes with which the hauler must comply. All wastes must comply with the provisions of this chapter.

A. Waste Hauler’s License. Any waste hauler seeking disposal privileges at the POTW must obtain a license from the city. The hauler must complete an application for license to dispose of holding tank and septic tank wastes. The application shall contain the name, address and phone number of the applicant; the number and description of each vehicle (including make, year, license and identification numbers, and vehicle capacity); the state DNR sanitary license number; the signature of the responsible company official; a notary public seal; and payment of fees. The application must be completed and received by the city at least thirty (30) days prior to disposal. Upon receipt of a completed application, the city must approve the hauler prior to any disposal at the POTW. The city may not exceed thirty (30) days to accept or reject an application. Upon approval, the city will provide a sticker to the hauler for each vehicle listed in the application. The sticker shall be affixed to the rear of the vehicle in a clearly visible location. The license is renewable annually requiring the completion of another application and payment of fees. Licenses are nontransferable to any new owner or operator. The hauler must inform the city of any proposed changes to the hauler’s approved license application, in writing, at least ten days prior to the proposed change.

B. Questionnaire. The hauler must obtain a septic tank/holding tank generator questionnaire from the city and distribute to each tank generator. The questionnaire must be completed and signed by the generator owner or principle executive officer and returned to the city. The city must approve the generator tank discharge prior to disposal. The city may require additional information of the generator by sampling and analysis of tank contents and/or inspection of the generator facility. The hauler shall ensure that tank generators and hauler operators are informed of and comply with all applicable provisions of this chapter. The city may not exceed thirty (30) days to accept or reject a generator disposal. The city must receive the certified lab report of analysis at least ten days prior to discharge if applicable.

C. Sanitary Waste Disposal Permit. Each shipment of hauled waste shall be accompanied by a completed sanitary waste disposal permit supplied by the city. The permit shall include an identification of the waste; the total gallons delivered; the name, address, license number and signature of the hauler; operator and the source generator name, address, phone number, generator facility type, date, and generator signature. The permit must be presented to an authorized POTW employee prior to the disposal of the hauled waste. The POTW employee must sign the permit to allow the disposal and will provide a sample bottle. A sample shall be required of each load of hauled waste.

D. General Rules.

1. Hauled waste may be discharged only at a location and time designated by the city;

2. The hauler must be licensed by the Department in accordance with Chapter NR 113 of the Wisconsin Administrative Code;

3. The hauler must meet the requirements of subsections (A) through (C) of this section;

4. If sample analysis indicates that the waste is nondomestic in nature, then the hauler and/or generator of the waste shall bear all costs associated with conducting the analysis. Nondomestic waste shall be sampled and analyzed at a frequency deemed necessary by the city;

5. The hauler may not mix loads from different generator sources;

6. All hauled waste shall be identified as either septic tank or holding tank waste. If holding tank waste and septic tank waste are combined in the same load, the entire load shall be charged at rates established for septic tank waste. Hauled waste shall be identified as septic tank waste if BOD or TSS is greater than five thousand (5,000) mg/L;

7. License fees are payable prior to the acceptance of any hauled waste. The hauler shall promptly pay all costs charged for disposal but in no case shall payment be later than thirty (30) days past invoice. Payment shall be by invoice only, no cash transactions allowed. The fee schedule may be revised as deemed necessary by the city;

8. The city retains the right to revise the general rules as deemed necessary. Revisions shall become effective thirty (30) days after notice of the change is sent to approved haulers.

E. Enforcement. In addition to any enforcement action deemed necessary by the city in accordance with Section 13.20.320, the city may take action as cited in the following situations:

1. Disposal Permit Misrepresentation. If the hauler operator intentionally misrepresents a sanitary waste disposal permit by incorrectly documenting required information or falsifying a signature, then the city may:

a. Revoke the waste hauler’s license;

b. Prohibit discharge privileges for the hauler at the POTW for a period of up to three years;

c. Charge the hauler for any costs that the hauler avoided by misrepresenting the waste; and/or

d. Refer the hauler to city legal staff.

2. Exceedance of a Pretreatment Standard. If a sample from a hauled discharge indicates an exceedance of any federal, state or local pretreatment limit, then the city may:

a. Issue the hauler and/or generator of the waste a notice of noncompliance and repeat analysis on the next hauled discharge from the violating generator, and/or repeat analysis directly from the violating generator holding tank;

b. Prohibit discharge privileges for the violating generator of the waste for a period of up to three years;

c. Revoke the waste hauler’s license;

d. Prohibit discharge privileges for the hauler at the POTW for a period of up to three years; and/or

e. Charge the hauler for any sample collection or lab analysis costs, or any costs for damage done to the treatment facility equipment or processes.

3. Discharge at a Location or Time Other Than That Designated by the City. If the hauler discharges any waste in a manner distinct than as designated by the city, then the city may:

a. Revoke the waste hauler’s license;

b. Prohibit discharge privileges for the hauler at the POTW for a period of up to three years; and/or

c. Refer the hauler to city legal staff.

4. Failure to Pay Fees. If a hauler fails to pay the city any required fees within thirty (30) days past invoice, then the city may:

a. Revoke the waste hauler’s license; and

b. Prohibit discharge privileges for the hauler at the POTW until all fees are paid.

5. Suspicious Discharges. If inspection of a hauler vehicle or its contents or any other circumstances causes the city to suspect that the discharge is inconsistent with the sanitary waste disposal permit, pretreatment standards, or requirements of this chapter, then the city may order a hauler to not begin discharging or to cease discharging.

6. Failure to Cooperate. If a hauler fails to allow the city to inspect or sample, or fails to cooperate with any other requirement or regulation, then the city may:

a. Revoke the waste hauler’s license; or

b. Prohibit discharge privileges for that particular hauler operator.

7. Appeals. Any hauler or generator aggrieved by an enforcement action under this section may petition the city to reconsider within thirty (30) days of the action. The petition must be in writing and clearly state the reasons why the action should not be taken. The city may require the hauler to show cause before the water and sewer board. The hauler shall be entitled to a written reply from the city within fifteen (15) days after the city receives the petition. The hauler’s request shall not stay any enforcement action pending receipt of the aforesaid written reply. (Ord. 2464-16 (part), 2016: Ord. 2024 § 5 (part), 2005; Ord. 1900 § 3 (part), 2002)

13.20.310 Ground water remediation.

The city will not allow ground water remediation discharge to the sanitary sewer for projects expected to be greater than one year in duration. Remediation projects greater than one year in duration should be stormwater discharged per WDNR permit approval. In addition, ground water remediation discharges to the sanitary sewer will only be accepted if the following conditions are met:

A. Notice of Intent to Discharge Ground Water Form. The requesting discharger or contracted agent shall obtain a notice of intent to discharge ground water form from the city. The completed form shall be returned to the city along with lab analysis for BTEX (benzene, toluene, ethyl benzene, xylenes) compounds, gasoline range organics (GRO) and/or diesel range organics (DRO), as determined by the city on a case-by-case basis depending on the site. All sampling and analysis shall be performed in accordance with procedures contained in 40 CFR Part 136, Chapter NR 219, or other such methods approved by the Department. Laboratory analysis shall be performed by a laboratory certified under Chapter NR 149. The discharger shall be entitled to a decisive reply (acceptance or nonacceptance) from the city within thirty (30) days of city receipt of all required information. Any change in ownership or contracted remediation party will require the resubmission of the above information prior to the continuance of any remediation discharge.

B. Contract Community Remediation Site. Any discharger seeking ground water remediation sanitary sewer discharge privileges to the city POTW at a site located in a contract community discharging to the city tributary shall submit a copy of the information detailed in subsection (A) of this section to the appropriate contract community and obtain concurrent contract community approval.

C. Letter of Understanding. Following the submission of all required information and approval from any applicable contract community and the city, the city will issue the discharger a letter of understanding to outline any conditions, monitoring requirements, and/or pretreatment requirements associated with the discharge. The letter of understanding shall be in effect for a maximum period of one year.

D. Hauled Discharge. Ground water remediation discharges may only be hauled to the city POTW following compliance of all letter of understanding conditions and hauled waste (Section 13.20.300) regulations.

E. Connections. All connections to the sanitary sewer system must be inspected and approved by the city or applicable contract community inspection services department.

F. Free Product Gasoline Removal. The ground water remediation discharge shall not contain any free product gasoline.

G. Pretreatment. The city may require the discharger to install and properly maintain for efficient operation a pretreatment device as approved by the city to assure discharge compliance with this chapter.

H. Fees. The discharger shall be assessed and be responsible to pay any applicable fees to cover the cost of administration, monitoring and treatment of the discharge. The discharger shall pay the greater quarterly fee as per the current residential equivalent or the flow based charge.

I. Discharge Violation. If monitoring results indicate an exceedance of a discharge limit has occurred, then the discharger must:

1. Inform the city within twenty-four (24) hours of becoming aware of the violation; and

2. Meet with city representatives to discuss the exceedances before any discharge can be resumed.

J. Access. The city, or authorized representative, exhibiting proper credentials shall be allowed access to:

1. Inspect any records kept under conditions of the letter of understanding;

2. Inspect any site or premises where the remediation operations are occurring; and

3. Set-up such devices as necessary to monitor for purposes of assuring compliance with this chapter.

K. Conditional Compliance. The discharge shall comply with all conditions of this chapter; the city municipal code; or other state or federal statutes, rules, requirements or regulations as may be appropriate.

L. Conditions for Revocation. The city may revoke the conditions of a letter of understanding ground water remediation site discharge approval for any of the following:

1. Falsifying self-monitoring reports;

2. Tampering with monitoring equipment or samples;

3. Refusing to allow timely access to remediation site premises and/or records;

4. Failure to properly maintain any pretreatment device;

5. Failure to meet effluent limitations;

6. Failure to pay fees;

7. Failure to comply with all conditions of this chapter or any other state or federal statute, rule, requirement, or regulation;

8. Failure to resubmit the information required in subsection (A) of this section for any site change in ownership or change in the contracted remediation party;

9. Failure to report any effluent violation within twenty-four (24) hours after becoming aware of the violation;

10. Exceedance of hydraulic capacity of the city POTW during extreme wet weather events; or

11. Concerns of air emission quality emanating from city POTW. (Ord. 2464-16 (part), 2016: Ord. 2164-08 § 5, 2008; Ord. 1900 § 3 (part), 2002)

13.20.320 Enforcement.

The city shall undertake the enforcement actions necessary to assure compliance with this chapter. The city shall have primary responsibility for enforcing all pretreatment standards and requirements with possible interaction from the Department or EPA. The city shall develop and implement an enforcement response guide. This guide shall outline the various enforcement responses used by the city, the violations for which the responses will be used, the timing of these responses, and the persons responsible for each response. The order of responses taken shall not be a prerequisite for taking any other action against the user; more than one action may be taken against a user; and actions may be concurrent.

A. Notice of Noncompliance. If the city has determined that a user has violated the requirements of this chapter, the user’s discharge permit, or any other local, state or federal standard or requirement, then the city may issue the user a written notice of noncompliance.

1. The notice shall identify the violation, the consequences of further violations, and the user response deadline of fifteen (15) days from the date of written notification (unless a shorter timeframe is necessary due to the nature of the noncompliance).

2. The user response will require a description of the cause of the violation, and a plan and timeframe for user resampling and/or correction of the noncompliance, or other provisions that return the user to compliance.

B. Notice of Violation. If the city has determined that a user has violated or continues to violate requirements of this chapter, the user’s discharge permit, or any other local, state or federal standard or requirement, or has failed to respond to a notice of noncompliance, then the city may issue the user a written notice of violation.

1. The notice shall be either served upon the user personally or delivered by certified mail (return receipt requested), identify the violation, indicate that the city intends to publish the user’s name if required by subsection (I) of this section, identify the user response deadline of thirty (30) days from the date of written notification (unless a shorter timeframe is necessary due to the nature of the noncompliance), and/or require the user to attend an enforcement conference to discuss the user response.

2. The user response will require a description of the cause of the violation, and a remedial action plan with a compliance schedule for correction of the noncompliance, or other provisions that return the user to compliance.

3. Submission of this plan does not relieve the user of liability for any violations occurring before or after receipt of the notice of violation.

C. Special Order. If the city has determined that a user has violated or continues to violate the requirements of this chapter, the user’s discharge permit, or any other local, state or federal standard or requirement, then the city DPW may order a user to take certain actions before a certain time to remedy a violation.

1. The order shall be written, served upon the user personally or delivered by certified mail (return receipt requested), state the reasons for the order, and indicate the specific action to be taken by the user to correct the noncompliance within a time period specified.

2. If authorized in the order, the user may meet with the city within thirty (30) days of the date of user receipt of the order to discuss the allegations and, where necessary, establish a corrective action plan.

3. An order may include the issuance of administrative fines of no less than twenty-five dollars ($25.00) nor more than five thousand dollars ($5,000.00). Such fines shall be assessed on a per violation, per day basis. Unpaid charges, fines and penalties shall after thirty (30) calendar days be assessed an additional penalty of ten percent of the unpaid balance. A lien against the user’s property will be sought for unpaid charges, fines, and penalties. Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the city water and sewer board will finalize the decision. In the event that the user’s appeal is successful, the payment, together with any accrued penalty shall be returned to the user.

D. Emergency Suspension of Service. The city may, for good cause shown, suspend the discharge permit and sewer service to a user when it appears to the city that an actual or threatened discharge presents or threatens to present an imminent danger to the environment, system, or the public. Any user notified of the suspension shall, within a reasonable period of time as determined by the city, cease all discharges. In the event of failure of the user to comply voluntarily with the suspension order within the specified time, the city shall commence judicial proceedings to compel the user’s compliance. The city shall reinstate the wastewater treatment service and terminate judicial proceedings pending proof by the user of the elimination of the conditions creating the threat of imminent or substantial danger as set forth above.

E. Bulkheads. The city may order the insertion of a bulkhead in the user’s sewer connection if the city determines that the user has failed to adequately respond to a notice of noncompliance, notice of violation, or previous order for discharging prohibited substances or toxic pollutants; or the user has discharged or will imminently discharge a prohibited substance or toxic pollutant in an amount likely to harm the environment, the POTW, the sewer system, or the public. A user may remove a bulkhead only after the user has received written authorization from the city. No person may remove or tamper with a bulkhead.

F. Revocation of Permit. The city may revoke a discharge permit to any user which fails to factually report the wastewater constituents and characteristics of its discharge; which fails to report significant changes in wastewater constituents or characteristics; which fails to reapply for a discharge permit within the time period specified; which refuses reasonable access to the user’s premises for the purpose of inspection or monitoring; for violations of conditions of this chapter or any local, state or federal standard or requirement; or which discharges, caused to be discharged, or in any manner aids in the discharge of any toxic or hazardous pollutant or any other prohibited discharge.

G. Show Cause Hearing. If the violation is not corrected by timely compliance, the city may order any user which causes or allows a discharge to occur which is prohibited to show cause before the water and sewer board why the proposed enforcement action should not be taken. A written notice shall be served on the user specifying the time and place of the hearing, the reason why the action is to be taken, the proposed enforcement action, and request that the user show cause why the proposed enforcement action should not be taken. Where the city determines that a reasonable basis exists for believing that a violation has occurred, the user shall have the burden of going forward by producing evidence that no violation has occurred. The user’s burden shall include the entire burden of proof as to all facts relevant to establishing any affirmative defense available to the user under 40 CFR Part 403. Findings of fact, determinations, conclusions and corresponding orders shall then be rendered verbally or in writing by the water and sewer board. The user shall be bound by such findings, determinations, conclusions and corresponding orders, including any and all time during which the user and/or anyone on its behalf seeks further legal or equitable relief. The notice of the hearing shall be served personally, or by registered or certified mail, return receipt requested, at least ten days before the hearing. Service may be made on any agent of office of the user.

H. Judicial Proceedings. When the city finds that a user has violated, or continues to violate the provisions of this chapter, a discharge permit, or any other local, state or federal standard or requirement, the city legal counsel may, following the authorization of such action by the city, commence an action for appropriate legal and/or equitable relief or other remedies, including injunctive relief, against the user as the city deems appropriate.

I. Annual Publication. An annual public notification will be published in a newspaper of general circulation that provides meaningful public notice in the area served by the POTW of industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment requirements. A significant industrial user is in significant noncompliance if any of the following criteria apply. A nonsignificant industrial user is in significant noncompliance if criterion 3, 4, or 8 applies.

1. Sixty-six (66) percent or more of all the measurements of the industrial user’s wastewater for the same pollutant taken during a six-month period exceeded by any magnitude any numeric pretreatment standard or requirement including an instantaneous limit;

2. Thirty-three (33) percent or more of all of the measurements of the industrial user’s wastewater for the same pollutant taken during a six-month period equaled or exceeded the product of the numeric pretreatment standard or requirement including an instantaneous limit multiplied by either 1.4 for BOD, TSS, and fats-oil-grease; 1.2 for all other pollutants except pH; or exceeded a pH limit by 0.4 standard units;

3. The city has reason to believe that the user has caused, alone or in combination with other discharges, interference, pass-through or endangerment of the health of POTW personnel or the general public because of a violation of a pretreatment standard or requirement;

4. The user has discharged a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge;

5. The user has failed to meet, by ninety (90) days or more, a milestone date contained in a compliance schedule within a local control mechanism or enforcement order for starting construction, completing construction or attaining compliance;

6. The user has failed to provide within forty-five (45) days of a deadline a required report containing all required monitoring results and other information, such as a baseline monitoring report, ninety (90) day final compliance report, periodic self-monitoring report, or report on compliance with a compliance schedule;

7. The user has failed to accurately report noncompliance; or

8. Any other violation or group of violations which the city has determined that has adversely affected the operation or implementation of the local pretreatment program.

J. Right of Appeal. Any user or interested party shall have the right to request, in writing, an interpretation, modification, or reversal by the city on any matter covered by this section, and shall be entitled to a prompt written reply. In the event that such inquiry is by a user and deals with matters of performance, compliance or enforcement with this subsection for which enforcement activity relating to an alleged violation is the subject, receipt of a user’s request shall not stay enforcement proceedings pending receipt of the aforesaid written reply. The request must be received by the city within thirty (30) days after the user received notice of the enforcement activity. The request shall contain facts and reasons supporting modification or reversal of the activity. The user or interested party shall be entitled to a written reply from the city within thirty (30) days after the city receives the request.

K. Penalty for Violation of This Chapter.

1. Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12.

2. Recovery of Cost Incurred by the City. Any person or user violating any of the provisions of this chapter or any other federal, state, or local regulation or requirement, or discharges or causes a discharge of a deposit or obstruction, or in any manner causes damage to or impairs the wastewater treatment system, shall be liable to the city for any expense, loss, cost or damage, without limitation, caused by such action or discharge. The city shall bill the person or user for the costs incurred by the city for any cleaning, repair, replacement, or restoration of the system, or any other cleaning, repair, replacement, restoration, forfeiture, or penalty caused by the violating discharge or action. Refusal to pay the assessed cost shall constitute a further violation of this subsection.

3. Falsifying Information. Any person who knowingly makes 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, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or analytical method required under this chapter shall, upon conviction, be punished by the imposition of a civil penalty as previously set forth, in addition to possible prosecution under the criminal laws of the state of Wisconsin or the United States. (Ord. 2552-19 § 39, 2019; Ord. 2464-16 (part), 2016: Ord. 2024 § 5 (part), 2005; Ord. 1900 § 3 (part), 2002)

13.20.330 Defenses.

A. In any action brought against a user for violation of Section 13.20.090 or 13.20.100(B), (D), (E), (K) or (L), a user shall have an affirmative defense if the user demonstrates that:

1. The user did not know or have reason to know that its discharge, alone or in conjunction with the discharge or discharges from other sources, would cause pass-through or interference; and

2. a. A local limit designed to prevent pass-through or interference was developed for each pollutant in the user’s discharge which caused pass-through or interference and the user was in compliance with each local limit prior to and during the pass-through or interference; or

b. If a local limit designed to prevent pass-through or interference has not been developed for the pollutant or pollutants which caused the pass-through or interference, the user’s discharge immediately prior to and during the pass-through or interference did not substantially change in nature or constituents from the user’s prior discharge activity when the POTW was in compliance with its WPDES permit requirements and, in case of interference, applicable requirements for sludge use or disposal.

B. In any action brought for noncompliance with categorical pretreatment standards, a user shall have an affirmative defense if the user demonstrates all of the following by properly signed contemporaneous operating logs or other evidence:

1. The noncompliance was exceptional, unintentional, temporary and beyond the reasonable control of the user;

2. The user demonstrates that the noncompliance was not caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation;

3. The user identifies the cause of the noncompliance; and

4. The user reports the noncompliance according to Section 13.20.220(A).

C. In no instance shall any error, oversight or dereliction of duty on the part of any city agent, employee or authorized representative constitute a defense. (Ord. 2464-16 (part), 2016: Ord. 1900 § 3 (part), 2002)