Chapter 13.12
WASTEWATER PRETREATMENT REQUIREMENTS*
Sections:
13.12.010 Definitions.
13.12.020 Abbreviations.
13.12.030 General discharge prohibitions.
13.12.040 Modification of federal/state categorical pretreatment standards.
13.12.050 Excessive or accidental discharges.
13.12.060 Fees.
13.12.070 Wastewater contribution permits.
13.12.080 Monitoring facilities.
13.12.090 Inspection and sampling.
13.12.100 Pretreatment.
13.12.110 Confidential information.
13.12.120 Remedies and penalties.
*Prior code history: Prior code § 5.25.130.
13.12.010 Definitions.
When used in this chapter, the following words and phrases shall have the meanings set forth in this section:
“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
“Approval authority” means the director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
Authorized Representative of Industrial User. An “authorized representative of an industrial user” may be: (1) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty (20) degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).
“Building sewer” means a sewer conveying wastewater from the premises of a user to the city-owned septic tank.
“Categorical standards” means national categorical pretreatment standards or pretreatment standard.
“Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
“Consistent removal” means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five (95) percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Sources of Pollution promulgated pursuant to the Act.
“Control authority” refers to the approval authority defined above; or the director if the city has an approved pretreatment program under the provisions of 40 CFR, 403.11.
“Direct discharge” means the discharge of treated or untreated wastewater directly to the waters of the state of Alaska.
“Director” means the public works director designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his or her duly authorized representative.
“Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of the agency.
“Grab sample” means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
“Holding tank” means a vessel for the temporary storage of sewage or excrement, such as found in boats, mobile homes, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
“Holding tank waste” means waste from a holding tank.
“Indirect discharge” means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
“Industrial user” means a source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
“Interference” means the inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city’s NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
“National categorical pretreatment standard” or “pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
“National Pollution Discharge Elimination System” or “NPDES permit” means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
“National prohibitive discharge standard” or “prohibitive discharge standard” means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR Section 403.5.
“New source” means any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the Federal Register. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
“pH” means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
“Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
“Pollution” means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
“Pretreatment” or “treatment” 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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes, or other means, except as prohibited by 40 CFR Section 403.6(d).
“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
“Publicly owned treatment works (POTW)” means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) and owned by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW.
“POTW treatment plant” means that portion of the POTW designed to provide treatment to wastewater.
“Significant industrial user” means any industrial user of the city’s wastewater disposal system who: (1) has a discharge flow of twenty-five thousand (25,000) gallons or more per average work day; (2) has a flow greater than five percent of the flow in the city’s wastewater treatment system; (3) has in his or her wastes toxic pollutants as defined pursuant to Section 307 of the Act or (state) statutes and rules; or (4) is found by the city, (state control agency) or the U.S. Environmental Protection Agency (EPA) to have 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. Significant industrial users shall also include those users the public works director found to be in violation of the discharge prohibitions pursuant to Section 13.12.030.
“Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
“Storm water” means any flow occurring during or following any form of natural precipitation and resulting therefrom.
“Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
“Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts.
“User” means any person who contributes, causes or permits the contribution of wastewater into the city’s POTW.
“Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
“Waters of the state” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
“Wastewater contribution permit” means as set forth in Section 13.12.070 of this chapter. (Ord. 08-29 § 18, 2008; prior code § 5.25.010)
13.12.020 Abbreviations.
The following abbreviations shall have the designated meanings:
ADEC—The Alaska Department of Environmental Conservation.
BOD—Biochemical Oxygen Demand.
CFR—Code of Federal Regulations.
COD—Chemical Oxygen Demand.
EPA—Environmental Protection Agency.
l—Liter.
mg—Milligrams.
mg/l—Milligrams per liter.
NPDES—National Pollutant Discharge Elimination System.
POTW—Publicly Owned Treatment Works.
SIC—Standard Industrial Classification.
SWDA—Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq.
U.S.C.—United States Code.
TSS—Total Suspended Solids.
(Prior code § 5.25.020)
13.12.030 General discharge prohibitions.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:
A. Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substance which the city, the state or EPA has notified the user is a fire hazard or a hazard to the system;
B. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
C. Any wastewater having a pH less than 5.5 or greater than 9.5, unless the POTW is specifically designed to accommodate such wastewater, or any wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW;
D. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act;
E. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;
F. Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used;
G. Any substance which will cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards;
H. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
I. Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds forty (40) degrees C (one hundred four (104) degrees F) unless the POTW treatment plant is designed to accommodate such temperature;
J. Any pollutants, including oxygen demanding pollutants (BOD, etc.,) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five times the average twenty-four (24) hour concentration, quantities or flow during normal operation;
K. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations;
L. Any wastewater which cause a hazard to human life or creates a public nuisance.
When the director determines that a user is contributing to the POTW any of the above enumerated substances in such amount as to interfere with the operation of the POTW, the director shall: (1) advise the user of the impact of the contribution on the POTW; and (2) develop effluent limitation for such user to correct the interference with the POTW. (Prior code § 5.25.030)
13.12.040 Modification of Federal/State Categorical Pretreatment Standards.
Where the city’s wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the city may apply to the approval authority for modification of specific limits in the Federal Pretreatment Standards. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. The city reserves the right to establish by amending this chapter more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary. (Prior code § 5.25.040)
13.12.050 Excessive or accidental discharges.
A. Excessive Discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the city or state.
B. Accidental Discharges. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for view, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by January 1, 1998. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
C. Written Notice. Within five days following an accidental discharge; the user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article of other applicable law.
D. Notice to Employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (Prior code § 5.25.050)
13.12.060 Fees.
A. It is the purpose of this chapter to provide for the recovery of costs from users of the city’s wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth the city’s Schedule of Charges and Fees.
B. The city council may adopt charges and fees which may include:
1. Fees for reimbursement of costs of setting up and operating the city’s pretreatment program;
2. Fees for monitoring, inspections and surveillance procedures;
3. Fees for reviewing accidental discharge procedures and construction;
4. Fees for permit applications;
5. Fees for filing appeals;
6. Fees for consistent removal (by the city) of pollutants otherwise subject to Federal Pretreatment Standards;
7. Other fees as the city may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the city. (Prior code § 5.25.060)
13.12.070 Wastewater contribution permits.
A. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater contribution permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater contribution permit within one hundred eighty (180) days after the effective date of this chapter.
B. Permit Application. Significant users required to obtain a wastewater contribution permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by the required fee. Existing users shall apply for a wastewater contribution permit within thirty (30) days after the effective date of this chapter, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
1. Name, address and location, (if different from the address);
2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. Wastewater constituents and characteristics including but not limited to those mentioned in Section 13.12.020 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
4. Time and duration of contribution;
5. Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenance by the size, location and elevation;
7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
9. If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring and engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.),
b. No increment referred to in subdivision (9)(a) of this subsection shall exceed nine months,
c. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the director,
d. Each product produced by type, amount, process or processes and rate of production,
e. Type and amount of raw materials processed (average and maximum per day),
f. Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system,
g. Any other information as may be deemed by the city to be necessary to evaluate the permit application.
The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided herein.
C. Permit Modifications Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of significant industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a significant industrial user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by subsection B of this section, the user shall apply for a wastewater contribution permit within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the significant industrial user with an existing wastewater contribution permit shall submit to the director within one hundred eighty (180) days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by subsection (B)(8) and (9) of this section.
D. Permit Conditions. Wastewater contribution permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, significant industrial user charges and fees established by the city. Permits may contain the following:
1. The unit charge or schedule of significant industrial user charges and fees for the wastewater to be discharged to a community sewer;
2. Limits on the average and maximum wastewater constituents and characteristics;
3. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
4. Requirements for installation and maintenance of inspection and sampling facilities;
5. Specifications for monitoring programs which may include sampling location, frequency of sampling, number, types and standards for tests and reporting schedule;
6. Compliance schedules;
7. Requirements for submission of technical reports or discharge reports (see subsection G of this section);
8. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;
9. Requirements for notification of the city or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
10. Requirements for notification of slug discharges;
11. Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
E. Permits Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The significant industrial user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in subsection B of this section are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. Permit Transfer. Wastewater contribution permits are issued to a specific user for a specific operation. A wastewater contribution permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
G. Reporting Requirements for Permittee.
1. Compliance Date Report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
2. Periodic Compliance Reports.
a. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the director during the months of June and December, unless required more frequently in the pretreatment standard or by the director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in subsection (B)(5) of this section. At the discretion of the director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director may agree to alter the months during which the above reports are to be submitted.
b. The director 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 are appropriate. In such cases, the report required by subdivision (2)(a) of this subsection shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the director, of pollutants contained therein which are limited by the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator. (Prior code § 5.25.070)
13.12.080 Monitoring facilities.
The city shall require to be provided and operated at the user’s own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or 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 expenses of the significant industrial user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the city. (Prior code § 5.25.080)
13.12.090 Inspection and sampling.
The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, approval authority (where the NPDES State is the Approval Authority) and EPA 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 operation. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the significant industrial user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Prior code § 5.25.090)
13.12.100 Pretreatment.
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the significant industrial user of the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request. (Prior code § 5.25.100)
13.12.110 Confidential information.
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Disposal System Elimination System (NPDES) Permit, State Disposal System permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the city as confidential, shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten (10) day notification is given to the user. (Prior code § 5.25.110)
13.12.120 Remedies and penalties.
A. Upon a finding by the public works director that a person or building sewer is in violation of the requirements or standards of this chapter, the public works director may order any action necessary to ensure
compliance with all provisions with this chapter.
B. Notice of an enforcement order will be served by the public works director in person, in writing to the owner of the sewer building as shown on the Matanuska-Susitna Borough tax roll. In the case of service on an owner who is not found to be occupying the property, certified mail service to the owner shall be given.
C. Suspension of sewer service and/or suspension of a wastewater contribution permit, will be given by the public works director if necessary or desirable to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, or to the environment, or causes interference to the city POTW or causes the city to violate any condition of its NPDES permit.
D. Any person notified for a suspension of the sewer service and/or the wastewater contribution permit must immediately stop or eliminate the contribution In the event of a failure of the person to comply voluntarily with the suspension order, the city may take steps necessary or desirable, including the immediate severance of the sewer connection. Reinstatement of the sewer service and/or wastewater contribution permit shall require proof, by the user, of the elimination of the discharge in noncompliance.
E. In addition to the other remedies provided in this section, remedies and penalties for violations of this chapter are as provided in Chapter 1.20. (Ord. 01-47 § 17, 2001: Prior code § 5.25.120)