Chapter 13.16
WASTEWATER PRETREATMENT REGULATIONS*

Sections:

Article I. General Provisions

13.16.010    Purpose and policy.

13.16.020    Administration.

13.16.030    Definitions.

13.16.040    Abbreviations.

Article II. General Sewer Use Requirements

13.16.050    Prohibited discharge standards.

13.16.060    National categorical pretreatment standards.

13.16.070    State pretreatment standards.

13.16.080    Local limits.

13.16.090    City’s right of revision.

13.16.100    Special agreement.

13.16.110    Tenant responsibility.

13.16.120    Dilution.

Article III. Pretreatment of Wastewater

13.16.130    Pretreatment facilities.

13.16.140    Additional pretreatment measures.

13.16.150    Accidental spill prevention/slug control plans.

13.16.160    Hauled wastewater.

13.16.170    Wastewater analysis.

Article IV. Wastewater Permit Eligibility

13.16.180    Wastewater discharge permit requirement.

13.16.190    Wastewater discharge permitting – Existing connections.

13.16.200    Wastewater discharge permitting – New connections.

13.16.210    Wastewater discharge permit application contents.

13.16.220    Application signatories and certification.

Article V. Wastewater Permit Issuance Process

13.16.230    Wastewater discharge permit decisions.

13.16.240    Wastewater discharge permit duration.

13.16.250    Wastewater discharge permit contents.

13.16.260    Wastewater discharge permit appeals.

13.16.270    Wastewater discharge permit modifications.

13.16.280    Wastewater discharge permit transfer.

13.16.290    Wastewater discharge permit revocation.

13.16.300    Wastewater discharge permit reissuance.

13.16.310    Regulation of waste received from other jurisdictions.

Article VI. Reporting Requirements

13.16.320    Baseline monitoring reports.

13.16.330    Compliance schedule progress reports.

13.16.340    Reports on compliance with categorical pretreatment standard deadline.

13.16.350    Periodic compliance reports.

13.16.360    Reports of changed conditions.

13.16.370    Reports of potential problems.

13.16.380    Reports from unpermitted users.

13.16.390    Notice of violation/repeat sampling and reporting.

13.16.400    Notification of the discharge of hazardous waste.

13.16.410    Analytical requirements.

13.16.420    Sample collection.

13.16.430    Timing.

13.16.440    Recordkeeping.

Article VII. Compliance

13.16.450    Right of entry – Inspection and sampling.

13.16.460    Search warrants.

Article VIII. Confidential Information

13.16.470    Confidential information.

Article IX. Publication of Users in Significant Noncompliance

13.16.480    Publication of users in significant noncompliance.

Article X. Administrative Enforcement

13.16.490    Notification of violation.

13.16.500    Consent orders.

13.16.510    Show cause hearing.

13.16.520    Compliance orders.

13.16.530    Cease and desist orders.

13.16.540    Administrative fines.

13.16.550    Emergency suspensions.

13.16.560    Termination of discharge.

Article XI. Judicial Enforcement Remedies

13.16.570    Injunctive relief.

13.16.580    Civil penalties.

13.16.590    Criminal prosecution.

Article XII. Supplemental Enforcement Action

13.16.600    Remedies nonexclusive.

13.16.610    Performance bonds.

13.16.620    Liability insurance.

13.16.630    Water supply severance.

13.16.640    Public nuisances.

13.16.650    Contractor listing.

Article XIII. Affirmative Defenses to Discharge Violations

13.16.660    Upset.

13.16.670    Affirmative defense to prohibited discharge standards.

13.16.680    Bypass.

13.16.690    Wastewater discharge fees.

Article XIV. Miscellaneous Provisions

13.16.700    Severability.

13.16.710    Pretreatment charges and fees.

13.16.720    Conflicts.

*    Code reviser’s note: Ordinance 3085 adds the provisions of this chapter as Chapter 13.18. The chapter has been editorially renumbered at the direction of the city.

Article I. General Provisions

13.16.010 Purpose and policy.

(1) This chapter sets forth uniform requirements for users of the publicly owned treatment works for the city of St. Helens and enables the city to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code 1251 et seq.), the General Pretreatment Regulations (40 Code of Federal Regulations Part 403) and the Oregon Administrative Rules (OAR) Chapter 340. The objectives of this chapter are:

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

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

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

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

(e) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(f) To enable the city to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

(2) This chapter shall apply to all users of the publicly owned treatment works. It authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 3085 § 1(1-10), 2008)

13.16.020 Administration.

Except as otherwise provided herein, the superintendent shall administer and implement the program and the city attorney shall direct enforcements to be taken under the program. Any powers granted to or duties imposed upon the superintendent may be delegated by the superintendent to other city personnel. The city’s Industrial Pretreatment Operation and Program Implementation Manual, and any amendments thereto, is adopted and incorporated by reference. If there is a conflict between the provisions in the manual and this chapter, the provisions in this chapter apply. The superintendent has the authority to update the manual. The city council adopts any rules or requirements that are necessary to implement the pretreatment program or to comply with any federal, state, or city requirements. (Ord. 3085 § 1(1-20), 2008)

13.16.030 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

(1) “Accidental spill prevention/slug control plan (ASPP)” means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in SHMC 13.16.050. A slug discharge is any discharge on a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference of pass through, or in any other way violates the POTW’s regulations local limits or permit conditions.

(2) “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.

(3) “Approval authority” means the State of Oregon Department of Environmental Quality (DEQ).

(4) “Authorized representative of the user” means:

(a) If the user is a corporation:

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

(ii) The manager of one or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capitol investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(c) If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(d) The individuals described in subsections (4)(a) through (c) of this definition may designate another authorized representative if the authorization is in writing by the individual described in subsections (4)(a) through (c) of this definition, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

(5) “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in SHMC 13.16.050. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

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

(7) “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 – 471.

(8) “Categorical industrial user” means an industrial user subject to a categorical pretreatment standard or categorical standard.

(9) “Chemical oxygen demand” or “COD” means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

(10) “City” means the city of St. Helens, Oregon, a municipal corporation of the state of Oregon, acting through its city council or any board, committee, body, official, or person to whom the council shall have lawfully delegated the power to act for or on behalf of the city.

(11) “Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

(12) “Control authority” means the city of St. Helens, Oregon.

(13) “Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

(14) “Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharge over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

(15) “Environmental Protection Agency (EPA)” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

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

(17) “FOG” means fats, oils and grease.

(18) “FOG, nonpolar” means fats, oils and grease that are petroleum based.

(19) “FOG, polar” means fats, oils and grease generated from animal and vegetable origins.

(20) “Grab sample” means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

(21) “Hauled waste” means any waste trucked or hauled, including septic tank waste and non-septic waste with hazardous characteristics.

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

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

(24) “Interceptor” means a device designed and installed so as to adjust, separate and retain deleterious, hazardous or undesirable matter from wastewater and to permit normal sewage or liquid wastes to discharge from the user’s premises into the POTW.,

(25) “Interference” means discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions and regulations or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

(26) “Local limit” means effluent limitation developed for industrial users by the superintendent to specifically ensure renewed and continued compliance with the city of St. Helens NPDES permit and sludge uses for disposal practice.

(27) “Manual” or “the manual” refers to the city’s Industrial Pretreatment Operation and Program Implementation Manual, and any amendments thereto.

(28) “Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(29) “Monthly average” means the arithmetic mean of the effluent samples collected during a calendar month.

(30) “Monthly average limit” means the limit that applies to the monthly average of all effluents.

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

(32) “New source” means:

(a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(C) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

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

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

(iii) 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.

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (32)(a)(ii) or (iii) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

(c) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(i) Begun, or caused to begin, as part of a continuous onsite construction program:

(A) Any placement, assembly, or installation of facilities or equipment; or

(B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

(33) “Noncontact 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.

(34) “Nondischarging categorical industrial user (NDCIU)” means nondischarging industries that have industrial processes that would otherwise be subject to categorical pretreatment standards, including NDCIUs with zero discharge categorical standards.

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

(36) “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

(37) “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units.

(38) “Pollutant” means 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, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

(39) “Potential to discharge” means hard plumbing connected to the POTW’s sanitary sewer. This includes plumbing with shut-off valves and plumbing that has been plugged with temporary or removable plugs. Plumbing that has been permanently disconnected or cemented shut would not constitute a potential to discharge.

(40) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. 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.

(41) “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

(42) “Pretreatment standards” or “standards” means prohibited discharge standards, categorical pretreatment standards, and local limits.

(43) “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in SHMC 13.16.050.

(44) “Publicly owned treatment works (POTW)” means a treatment works, as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

(45) “Return to compliance” means user is complying with the pretreatment requirements outlined in a permit, compliance schedule, or other agreement or order as outlined by the city and is discharging in compliance with applicable effluent limits.

(46) “Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

(47) “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

(48) “Significant industrial user” means (except as provided in subsection (48)(c) of this definition):

(a) A user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; or

(b) A user that:

(i) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(ii) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;

(iii) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(c) The city may determine that an industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

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

(ii) The industrial user annually submits the certification statement required in 40 CFR 403.12(q), signed and certified in accordance with SHMC 13.16.220, together with any additional information necessary to support the certification statement; and

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

(d) Upon a finding that a user meeting the criteria in subsection (48)(b) of this definition 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 a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

(49) “Slug load” or “slug” means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in SHMC 13.16.050. A “slug discharge” is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge which had a reasonable potential to cause interference and pass through or in any way otherwise violate the POTW’s regulations, local limits or permit conditions.

(50) “Standard Industrial Classification (SIC) Code” means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

(51) “Storm water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

(52) “Superintendent” means the person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.

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

(54) “User” or “industrial user” means a source of indirect discharge.

(55) “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

(56) “Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. 3085 § 1(1-30), 2008)

13.16.040 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD	Biochemical oxygen demand
BMP	Best management practice
BMR	Baseline monitoring report
CFR	Code of Federal Regulations
CIU	Categorical industrial user
COD	Chemical oxygen demand
DEQ	Oregon Department of Environmental Quality
EPA	U.S. Environmental Protection Agency
GPD	Gallons per day
LC50	Lethal concentration for 50 percent of the test organisms
IU	Industrial user
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
NSCIU	Nonsignificant categorical industrial user
O&M	Operation and maintenance
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classification
SIU	Significant industrial user
SNC	Significant noncompliance
SWDA	Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
TSS	Total suspended solids
USC	United States Code

(Ord. 3085 § 1(1-40), 2008)

Article II. General Sewer Use Requirements

13.16.050 Prohibited discharge standards.

(1) General Prohibitions. Discharge of industrial wastes into the POTW is prohibited unless in compliance with this chapter. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(2) Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

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

(b) Any wastewater having a pH less than 5.0 or more than 9.0 unless, as is provided for in 40 CFR 403.5(b)(2), the POTW is specifically designed to accommodate such discharges; or which may otherwise cause corrosive structural damage to the POTW.

(c) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-half inch or 1.27 centimeters in any dimension;

(d) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

(e) Any wastewater having a temperature greater than 131 degrees Fahrenheit (55 degrees Celsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius).

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

(g) 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;

(h) Any trucked or hauled pollutants; except at discharge points designated by the city in accordance with SHMC 13.16.160.

(i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

(j) Wastewater containing any radioactive wastes or isotopes except as specifically approved by the superintendent in compliance with applicable state or federal regulations;

(k) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent;

(l) Sludges, screenings, or other residues from the pretreatment of industrial wastes or industrial processes;

(m) Any medical wastes, except as specifically authorized by the superintendent.

(n) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

(o) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

(p) Fats, oils, or greases of animal or vegetable origin in concentrations capable of bulking together and causing collection blockage. This blockage may cause overflows and pass through.

(q) Any discharge that, in the opinion of the superintendent, could cause the city to violate the terms of its NPDES permit or could constitute a violation of state or federal laws;

(r) Discharges of AOX (absorbable organic halogens) and TCDD (2, 3, 7, 8-tetrachlorodibenzo-p-dioxin) shall be in compliance with the city’s NPDES permit.

(3) Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (Ord. 3085 § 1(2-50), 2008)

13.16.060 National categorical pretreatment standards.

(1) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 – 471, and amendments thereto, are adopted and incorporated herein by reference.

(2) When the limits in a categorical pretreatment standards are expressed only in terms of mass of pollutant per unit of production, the superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to significant individual users.

(3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant discharge per day or effluent concentration for purposes of calculating effluent limitations applicable to significant individuals users.

(4) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the superintendent shall impose an alternative limit using the combined wastestream formula in 40 CFR 403.6(e).

(5) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. (Ord. 3085 § 1(2-60), 2008)

13.16.070 State pretreatment standards.

State pretreatment standards located in Chapter 340 OAR are hereby adopted and incorporated herein by reference. (Ord. 3085 § 1(2-70), 2008)

13.16.080 Local limits.

No significant industrial user (SIU) shall discharge to the POTW wastewater containing pollutants in excess of limitations specified in its wastewater discharge permit, categorical pretreatment standards or other limits established by the city. The city may establish and revise standards for specific substances. The superintendent shall periodically evaluate the need for such limits. These local limits shall be developed in accordance with 40 CFR 403.5. The superintendent may impose mass limitations in addition to, or in place of, the concentration-based limits. Where an industrial user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. The city may develop best management practices (BMPs) in lieu of numerical limitations. (Ord. 3085 § 1(2-80), 2008)

13.16.090 City’s right of revision.

The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with objectives presented in this chapter or the general and specific prohibitions of this section. (Ord. 3085 § 1(2-90), 2008)

13.16.100 Special agreement.

The city may enter into special agreements, or control mechanisms, with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the EPA in accordance with 40 CFR 403.13. A special agreement may contain requirements in addition to those specified in this chapter.

Nondischarging categorical industrial users (NDCIUs), including NDCIUs with zero-discharge categorical limits, that have a potential to discharge, may be issued a no-discharge control mechanism or annual certification requirement. All significant industrial users shall be controlled via permits or equivalent control mechanisms. (Ord. 3085 § 1(2-100), 2008)

13.16.110 Tenant responsibility.

Any person who occupies the user’s premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this chapter in the same manner as the user. (Ord. 3085 § 1(2-110), 2008)

13.16.120 Dilution.

No user shall 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 a discharge limitation under any circumstances unless expressly authorized by an applicable pretreatment standard or requirement. The superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 3085 § 1(2-120), 2008)

Article III. Pretreatment of Wastewater

13.16.130 Pretreatment facilities.

(1) Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in SHMC 13.16.050 and 13.16.080 within the time limitations specified by EPA, the state, or the superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the superintendent for review, and shall be acceptable to the superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.

(2) Appeals.

(a) Users shall have 14 days to appeal the requirement to provide wastewater pretreatment.

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

(c) In its petition, the user must indicate which wastewater pretreatment standards are objected to and the reasons for this objection.

(d) If the superintendent fails to act within 15 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a pretreatment requirement shall be considered final administrative actions for purposes of judicial review.

(e) Aggrieved parties seeking judicial review of the final administrative pretreatment requirement decision must do so by filing a complaint with the Columbia County Circuit Court within 30 days. Failure to file the complaint within 30 days will bar any alternative or subsequent appeals. (Ord. 3085 § 1(3-130), 2008)

13.16.140 Additional pretreatment measures.

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

(2) The superintendent may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or of a type and capacity approved by the superintendent. Interceptors shall be of a type and capacity approved by the city in accordance with the city adopted plumbing codes and shall be installed and connected so as to be easily accessible for cleaning, maintenance, and inspection. Interceptor units shall be maintained in continuously efficient operating condition at all times by the user at his expense. Each user will need to determine the adequate maintenance schedule for their interceptor(s). The industrial users have to provide information if requested by the city of the determined maintenance schedule, and keep records verifying the maintenance provided. Acceptable maintenance means pumping out the entire interceptor. If at any time, the city finds that a user’s maintenance schedule is inadequate to provide for efficient operation, the city shall require a more frequent maintenance schedule.

(4) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(5) Users may be required to install a control manhole, or other sampling device approved by the superintendent, when deemed necessary by the superintendent, to facilitate observation, sampling and flow measurement of the discharge. Such manholes, or other sampling devices approved by the superintendent, shall be accessible and safely located and shall be constructed in accordance with plans approved by the city. The manhole, or other sampling device approved by the superintendent, shall be installed and maintained by the user at their expense. (Ord. 3085 § 1(3-140), 2008)

13.16.150 Accidental spill prevention/slug control plans.

(1) General Provisions. All users, as required by the superintendent, shall provide protection from accidental or intentional discharges of materials, which may interfere with or cause pass through, or in any way violate the POTW’s regulations local limits or permit conditions. Facilities necessary to prevent the discharge of prohibited or restricted substances shall be provided and maintained at the user’s cost and expense. A SCP/ASPP showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation of the plan. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter. The SCP/ASPP shall be posted and available for inspection at the facility during normal business hours.

(2) Specific Provisions. The superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the superintendent may develop such a plan for any user.

(3) An accidental spill prevention/slug control plan shall address, at a minimum, the following:

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

(b) Description of stored chemicals;

(c) Procedures for immediately notifying the POTW of any accidental or slug discharge, as required by SHMC 13.16.370; and

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

Within five days following such discharge, the user shall, unless waived by the superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. (Ord. 3085 § 1(3-150), 2008)

13.16.160 Hauled wastewater.

Septic tank waste (septage) will be accepted into the municipal wastewater system at a designated receiving structure within the treatment plant area, at such times as are established by the city, provided such wastes do not contain hazardous wastes, and provided such discharge does not violate any other requirements established by the city. Permits for individual vehicles to use such facilities shall be issued by the city.

(1) All waste haulers, regardless of the origin of the hauled wastes, shall be considered “industrial users” for the purposes of this chapter, but not significant industrial users (SIUs).

(2) Septic tank waste is discharged at one designated location at the POTW. This waste shall not violate Article II of this chapter.

(3) The discharge of industrial wastes as “industrial septage” requires prior approval and a wastewater permit from the city. The city shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation.

(4) Fees for the discharge of septage will be established as part of the user fee system as authorized in SHMC 13.16.710.

(5) The discharge of a hauled waste that is identified as hazardous waste is prohibited. If a load is refused as hazardous waste the wastehauler must file a manifest stating when, where, and how the load was discharged. This manifest must be filed with the pretreatment office/wastewater treatment plant before any further hauled wastes are accepted from that contractor. (Ord. 3085 § 1(3-160), 2008)

13.16.170 Wastewater analysis.

When requested by the superintendent, a user shall submit information on the nature and characteristics of its wastewater within 30 days of the request. The user shall sample and analyze in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. The superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information. Failure to submit this information shall be reasonable grounds for terminating service to the user and shall be considered a violation of this chapter. All wastewater analyses must be signed and certified in accordance with SHMC 13.16.220. (Ord. 3085 § 1(3-170), 2008)

Article IV. Wastewater Permit Eligibility

13.16.180 Wastewater discharge permit requirement.

Environmental Survey Form. When requested by the city, all industrial users must submit information on the nature and characteristics of their wastewater by completing an environmental survey form and, if required, a permit application prior to commencing their discharge. The city is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the chapter.

(1) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the superintendent, except that a significant industrial user that has filed a timely application pursuant to SHMC 13.16.190 may continue to discharge for the time period specified therein.

(2) The superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

(3) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in SHMC 13.16.490 through 13.16.650. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law. (Ord. 3085 § 1(4-180), 2008)

13.16.190 Wastewater discharge permitting – Existing connections.

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the superintendent for a wastewater discharge permit in accordance with SHMC 13.16.200, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of the ordinance codified in this chapter except in accordance with a wastewater discharge permit issued by the superintendent. (Ord. 3085 § 1(4-190), 2008)

13.16.200 Wastewater discharge permitting – New connections.

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit that complies with SHMC 13.16.210 must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. (Ord. 3085 § 1(4-200), 2008)

13.16.210 Wastewater discharge permit application contents.

(1) All users required to obtain a wastewater discharge permit must submit a permit application.

(2) The superintendent may require all users to submit as part of an application the following information:

(a) All information required by SHMC 13.16.320(2);

(b) Signatory and certification required by SHMC 13.16.220;

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

(d) Number and type of employees, hours of operation, and proposed or actual hours of operation of a pretreatment system;

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

(f) Type and amount of raw materials processed (average and maximum per day);

(g) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

(h) Time and duration of discharges; and

(i) Any other information as may be deemed necessary by the superintendent to evaluate the wastewater discharge permit application.

(3) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. 3085 § 1(4-210), 2008)

13.16.220 Application signatories and certification.

All wastewater discharge permit applications and user reports must be signed by a duly authorized representative. The duly authorized representative must be an individual or position having responsibility for the overall operation of the facility or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official, with the report being approved by this authority prior to or together with the report being submitted and must contain the following certification statement:

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

A facility determined to be a nonsignificant categorical industrial user pursuant to 40 CFR 403.3(v)(2) must annually submit the following certification statement, signed by an authorized representative of the user. This certification must accompany any alternative report required by the city:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR ________, I certify that, to the best of my knowledge and belief that during the period from __________, _____, [month, day, year], to __________, _____, [month, day, year]:

(a) The facility described as ___________ [facility name] met the definition of a non-significant categorical industrial user as described in 40 CFR Sec. 403.3(v)(2);

(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information:

_________________________________

________________________________.

(Ord. 3085 § 1(4-220), 2008)

Article V. Wastewater Permit Issuance Process

13.16.230 Wastewater discharge permit decisions.

The superintendent will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the superintendent will determine whether or not to issue a wastewater discharge permit. The superintendent may deny any application for a wastewater discharge permit. Appeals of the superintendent’s decision are subject to the provisions of SHMC 13.16.260. (Ord. 3085 § 1(5-230), 2008)

13.16.240 Wastewater discharge permit duration.

A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. 3085 § 1(5-240), 2008)

13.16.250 Wastewater discharge permit contents.

(1) A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(2) Wastewater discharge permits must contain:

(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

(b) A statement that the wastewater discharge permit is nontransferable without prior notification and approval from the city in accordance with SHMC 13.16.280, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(c) Effluent limits including best management practices are based on applicable federal pretreatment standards, or local limits, whichever is most restrictive;

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

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

(f) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges, if deemed to be necessary by the city.

(3) Wastewater discharge permits may contain, but need not be limited to, the following conditions:

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

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

(c) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

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

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

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

(g) Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days where self-monitoring indicates a violation(s).

(h) Compliance schedules for meeting pretreatment standards and requirements.

(i) Requirements for maintaining and retaining plant records relating to wastewater discharge and affording the superintendent, or his representatives, access thereto.

(j) Requirements for prior notification and approval by the superintendent of any new introduction of wastewater pollutants or of any change in the volume or character of the wastewater prior to introduction in the system.

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

(l) Requirements for immediate notification of excessive, accidental or slug discharges, or any discharge which could cause any problems to the POTW.

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

(n) Requirements to control slug discharge if determined by superintendent.

(o) Other conditions as deemed appropriate by the superintendent to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. 3085 § 1(5-250), 2008)

13.16.260 Wastewater discharge permit appeals.

Any person, including the industrial user, may petition to the city to reconsider the terms of the permit within 30 days of the issuance of the final permit.

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

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

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

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

(5) Aggrieved parties may seek judicial review of the final administrative permit decision. (Ord. 3085 § 1(5-260), 2008)

13.16.270 Wastewater discharge permit modifications.

(1) The superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

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

(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(d) Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;

(e) Violation of any terms or conditions of the wastewater discharge permit;

(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(h) To correct typographical or other errors in the wastewater discharge permit; or

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

(2) The filing of a request by the permittee for a permit modification does not stay any permit condition. (Ord. 3085 § 1(5-270), 2008)

13.16.280 Wastewater discharge permit transfer.

(1) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days’ advance notice to the superintendent and the superintendent approves the wastewater discharge permit transfer. The notice to the superintendent must include a provision for furnishing the new owner or operator with a copy of the existing permit and a written certification by the new owner or operator which:

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

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

(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.

(2) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (Ord. 3085 § 1(5-280), 2008)

13.16.290 Wastewater discharge permit revocation.

(1) The superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a) Failure to notify the superintendent of significant changes to the wastewater prior to the changed discharge;

(b) Failure to provide prior notification to the superintendent of changed conditions pursuant to SHMC 13.16.360;

(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(d) Falsifying self-monitoring reports;

(e) Tampering with monitoring equipment;

(f) Refusing to allow the city timely access to the facility premises and records;

(g) Failure to meet effluent limitations;

(h) Failure to pay fines;

(i) Failure to pay sewer charges or permit fees;

(j) Failure to meet compliance schedules;

(k) Failure to complete a wastewater survey or the wastewater discharge permit application;

(l) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter. (Ord. 3085 § 1(5-290), 2008)

13.16.300 Wastewater discharge permit reissuance.

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with SHMC 13.16.210, a minimum of 90 days prior to the expiration of the user’s existing wastewater discharge permit. A user whose existing wastewater discharge permit has expired, and who has submitted its reapplication in the time period specified in this section, shall be deemed to have an effective wastewater discharge permit until the city issues or denies the new wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who failed to submit its reapplication in the time period specified herein will be deemed to be discharging without a wastewater discharge permit. (Ord. 3085 § 1(5-300), 2008)

13.16.310 Regulation of waste received from other jurisdictions.

(1) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the superintendent shall enter into an intergovernmental agreement with the contributing municipality.

(2) Prior to entering into an agreement required by subsection (1) of this section, the superintendent shall request the following information from the contributing municipality:

(a) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

(b) An inventory of all users located within the contributing municipality that are discharging to the POTW; and

(c) Such other information as the superintendent may deem necessary.

(3) An intergovernmental agreement, as required by subsection (1) of this section, shall contain the following conditions:

(a) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in SHMC 13.16.080. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;

(b) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

(c) A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the superintendent; and which of these activities will be conducted jointly by the contributing municipality and the superintendent;

(d) A requirement for the contributing municipality to provide the superintendent with access to all information that the contributing municipality obtains as part of its pretreatment activities;

(e) Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW;

(f) Requirements for monitoring the contributing municipality’s discharge;

(g) A provision ensuring the superintendent access to the facilities of users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the superintendent; and

(h) A provision specifying remedies available for breach of the terms of the intergovernmental agreement. (Ord. 3085 § 1(5-310), 2008)

Article VI. Reporting Requirements

13.16.320 Baseline monitoring reports.

(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the superintendent a report which contains the information listed in subsection (2) of this section. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the superintendent a report which contains the information listed in subsection (2) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(2) Users described above shall submit the information set forth below:

(a) Identifying Information. The name and address of the facility, including the name of the operator and owner.

(b) Environmental Permits. A list of any environmental control permits held by or for the facility.

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

(d) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

(e) Measurement of Pollutants.

(i) The categorical pretreatment standards applicable to each regulated process.

(ii) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in SHMC 13.16.410. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard.

(iii) The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this section.

(iv) Sampling must be performed in accordance with procedures set out in SHMC 13.16.420 and certified.

(v) The city may allow the submission of a baseline monitoring report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

(f) Compliance Schedule. 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 and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in SHMC 13.16.330.

(g) Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with SHMC 13.16.220. (Ord. 3085 § 1(6-320), 2008)

13.16.330 Compliance schedule progress reports.

The following conditions shall apply to compliance schedules required by the city:

(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

(2) No increment referred to above shall exceed nine months;

(3) The user shall submit a progress report to the superintendent no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule;

(4) In no event shall more than nine months elapse between such progress reports to the superintendent; and

(5) If compliance dates are not met, or reports not submitted when due, the city may take appropriate enforcement action for lack of satisfactory progress toward compliance. (Ord. 3085 § 1(6-330), 2008)

13.16.340 Reports on compliance with categorical pretreatment standard deadline.

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the superintendent a report containing the information described in SHMC 13.16.320(2)(d) through (6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the 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 during the appropriate sampling period. All compliance reports must be signed and certified in accordance with SHMC 13.16.220. (Ord. 3085 § 1(6-340), 2008)

13.16.350 Periodic compliance reports.

(1) All significant industrial users shall, at a frequency determined by the superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with SHMC 13.16.220.

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

(3) If a user subject to the reporting requirement in this section monitors any regulated pollutant, at the appropriate sampling location, more frequently than required by the superintendent, using the procedures prescribed in SHMC 13.16.420, the results of this monitoring shall be included in the report.

(4) The city may reduce the requirement in subsection (1) of this section to a requirement to report no less frequently than once a year, unless required more frequently in the categorical pretreatment standard or by the approval authority, where the user meets all of the following conditions:

(a) The user’s total categorical wastewater flow does not exceed any of the following:

(i) One one-hundredth percent of the design dry weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the user discharges in batches;

(ii) One one-hundredth percent of the design dry weather organic treatment capacity of the POTW; and

(iii) One one-hundredth percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by a POTW in accordance with 40 CFR Section 403.5(c).

(b) The user has not been in significant noncompliance, as defined in SHMC 13.16.480 for any time in the past two years;

(c) The user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this user would result in data that are not representative of conditions during the reporting period;

(d) The user must notify the city immediately of any changes at its facility causing it to no longer meet conditions of subsections (4)(a) or (b) of this section. Upon notification, the user must immediately begin complying with the minimum reporting in subsection (1) of this section; and

(e) The city must retain documentation to support the city’s determination that a specific user qualifies for reduced reporting requirements under subsection (4) of this section for a period of three years after the expiration of the term of the control mechanism. (Ord. 3085 § 1(6-350), 2008)

13.16.360 Reports of changed conditions.

(1) Significant industrial users must inform the POTW of any change in spill/slug potential. Each user must notify the superintendent of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 10 days before the change.

(2) The superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under SHMC 13.16.210.

(3) The superintendent may issue a wastewater discharge permit under SHMC 13.16.230 or modify an existing wastewater discharge permit under SHMC 13.16.270 in response to changed conditions or anticipated changed conditions.

(4) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants. (Ord. 3085 § 1(6-360), 2008)

13.16.370 Reports of potential problems.

(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the superintendent of the incident. Significant industrial user’s must inform the POTW of any change in spill/slug potential. This notification shall include the location of the discharge, date and time thereof, type of waste, concentration and volume, if known, and corrective actions taken by the user. Any affected user shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal laws.

(2) Within five days following such discharge, the user shall, unless waived by the superintendent, submit to the superintendent a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter or other applicable law.

(3) A notice shall be permanently posted in conspicuous places advising employees whom to call in the event of a discharge described in subsection (1) of this section. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure. (Ord. 3085 § 1(6-370), 2008)

13.16.380 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the superintendent as the superintendent may require. (Ord. 3085 § 1(6-380), 2008)

13.16.390 Notice of violation/repeat sampling and reporting.

If sampling performed by a SIU or the city indicates a violation, the user must notify the superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the superintendent within 30 days after becoming aware of the violation. The city will at their discretion confirm compliance or sample to determine results. If the city results demonstrate compliance the city shall allow the user to use the results for compliance. (Ord. 3085 § 1(6-390), 2008)

13.16.400 Notification of the discharge of hazardous waste.

In compliance with 40 CFR 403.12(p), industrial users shall immediately notify the superintendent, DEQ, and EPA in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. (Ord. 3085 § 1(6-400), 2008)

13.16.410 Analytical requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. (Ord. 3085 § 1(6-410), 2008)

13.16.420 Sample collection.

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report based on the data that is representative of conditions occurring during the reported period.

(1) Except as indicated in subsections (2) and (3) of this section, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless the superintendent authorizes time-proportional composite sampling or grab sampling. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. In addition, grab samples may be required to show compliance with instantaneous limits.

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

(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in SHMC 13.16.320 (40 CFR 403.12(b) and 9(d)), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the superintendent may authorize a lower minimum. For the reports required by paragraphs SHMC 13.16.350 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements (required streamlining rule change, 40 CFR 403.12(g)).

(4) All sample results shall indicate the time, date and location of sampling; methods of analysis, date of and person performing analysis; and a certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed, using methodologies in 40 CFR Part 136, more frequently than what was required in its wastewater discharge permit, user shall submit all results of sampling and analysis of the discharge as part of user’s self-monitoring report.

(5) The possession and handling of all samples destined for transport and analysis at offsite laboratories shall be documented from the time of collection through the time of disposal on a chain of custody (COC) form. Samples collected for analysis at the user’s in-house laboratory do not require a COC, provided the information required in SHMC 13.16.440 is documented. The chain of custody record shall be retained by the user and shall become part of the analysis documentation. If the user fails to retain proper and complete chain of custody documentation, analysis for the sample in question will be invalidated and the user shall sample again. (Ord. 3085 § 1(6-420), 2008)

13.16.430 Timing.

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 United States Postal Service, the date of receipt of the report shall govern. (Ord. 3085 § 1(6-430), 2008)

13.16.440 Recordkeeping.

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with the best management practices established under SHMC 13.16.060 or 13.16.080 (a categorical pretreatment standard or local limit). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the superintendent has specifically notified the user of a longer retention period. (Ord. 3085 § 1(6-440), 2008)

Article VII. Compliance

13.16.450 Right of entry – Inspection and sampling.

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

(2) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state, or U.S. EPA will be permitted to enter without delay for the purposes of performing specific responsibilities.

(3) The city, state, or U.S. EPA shall have the right to inspect and/or install sampling equipment on the user’s property, or require installation of such devices as are necessary to conduct sampling and/or metering of the user’s operations.

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

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

(6) Unreasonable delays in allowing city personnel access to the user’s premises shall be a violation of this chapter. (Ord. 3085 § 1(7-450), 2008)

13.16.460 Search warrants.

If the superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the superintendent may seek issuance of a search warrant from the city of St. Helens municipal court. (Ord. 3085 § 1(7-460), 2008)

Article VIII. Confidential Information

13.16.470 Confidential information.

(1) Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the superintendent’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.

(2) Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 403.14 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 3085 § 1(8-470), 2008)

Article IX. Publication of Users in Significant Noncompliance

13.16.480 Publication of users in significant noncompliance.

(1) The superintendent shall publish annually in January, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements (CFR 403.8(f)(2)(viii)(A) through (C)).

(2) The term “significant noncompliance” shall mean:

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

(b) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(c) Any other violation of a pretreatment standard or requirement that the superintendent determines has caused, alone or in combination with other discharges, interference or pass through, (including endangering the health of POTW personnel or the general public);

(d) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the superintendent’s exercise of its emergency authority to halt or prevent such a discharge;

(e) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(g) Failure to accurately report noncompliance; or

(h) Any other violation(s), such as a violation of a best management practice (BMP), which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

(i) All the above violations apply to SIUs but IUs are only required to be in SNC if they violate subsections (2)(c), (d) or (h) of this section. (Ord. 3085 § 1(9-480), 2008)

Article X. Administrative Enforcement

13.16.490 Notification of violation.

Whenever the city finds that an industrial user has violated any of the provisions in this chapter the industrial user shall be subject to an enforcement action using any of the remedies and sanctions that are authorized in this chapter or state law. If the industrial user is out of compliance the plant operations/pretreatment supervisor and wastewater superintendent may take the first level of enforcement action, which is typically a phone call to the industrial user. This telephone call allows the staff to inform the IU that they are in violation and that they need to take immediate steps to stop the noncompliance event. If the superintendent finds that a user continues to violate any provisions of this chapter or an individual wastewater discharge permit, the superintendent may serve upon that user a written notice of violation. This notice of violation shall include an explanation of the violation and the requirement that the user submit a report stating the reason for the violation and the specific steps that will be taken to insure the satisfactory correction and prevention of future violations to the superintendent. Submission of this report in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. (Ord. 3085 § 1(10-490), 2008)

13.16.500 Consent orders.

The city attorney may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to SHMC 13.16.520 and 13.16.530, and shall be judicially enforceable. (Ord. 3085 § 1(10-500), 2008)

13.16.510 Show cause hearing.

The city attorney may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city attorney and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 3085 § 1(10-510), 2008)

13.16.520 Compliance orders.

When the city attorney finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city attorney may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 3085 § 1(10-520), 2008)

13.16.530 Cease and desist orders.

(1) When the city attorney finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the city attorney may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a) Immediately comply with all requirements; and

(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 3085 § 1(10-530), 2008)

13.16.540 Administrative fines.

(1) When the city attorney finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city attorney may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(2) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 12 percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.

(3) Users desiring to dispute such fines must file a written request for the city attorney to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where a request has merit, the city attorney may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 3085 § 1(10-540), 2008)

13.16.550 Emergency suspensions.

(1) The city attorney may immediately suspend a user’s discharge and the user’s wastewater discharge permit, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The city attorney may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(2) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the city attorney may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city attorney may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the superintendent that the period of endangerment has passed, unless the termination proceedings in SHMC 13.16.560 are initiated against the user.

(3) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent prior to the date of any show cause or termination hearing under SHMC 13.16.510 or 13.16.560.

(4) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 3085 § 1(10-550), 2008)

13.16.560 Termination of discharge.

(1) In addition to the provisions in SHMC 13.16.290 and 13.16.490 any user who violates the following conditions is subject to discharge termination:

(a) Violation of wastewater discharge permit conditions;

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

(c) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or

(e) Violation of the pretreatment standards in Article II of this chapter.

(2) Such noncompliant user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under SHMC 13.16.510 why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 3085 § 1(10-560), 2008)

Article XI. Judicial Enforcement Remedies

13.16.570 Injunctive relief.

When the city attorney finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city attorney may petition the city of St. Helens municipal court, or other court of competent jurisdiction, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city attorney may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 3085 § 1(11-570), 2008)

13.16.580 Civil penalties.

(1) A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(2) The city attorney may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages or fines incurred by the city.

(3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 3085 § 1(11-580), 2008)

13.16.590 Criminal prosecution.

(1) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than one year, or both.

(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000, or be subject to imprisonment for not more than one year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than one year, or both.

(4) In the event of a second conviction, a user shall be punished by a fine of not more than $3,000 per violation, per day, or imprisonment for not more than three years, or both. (Ord. 3085 § 1(11-590), 2008)

Article XII. Supplemental Enforcement Action

13.16.600 Remedies nonexclusive.

The remedies provided for in this chapter are not exclusive. The city may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the superintendent may take other action against any user when the circumstances warrant. Further, the superintendent is empowered to take more than one enforcement action against any noncompliant user. (Ord. 3085 § 1(12-600), 2008)

13.16.610 Performance bonds.

The city attorney may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city attorney to be necessary to achieve consistent compliance. (Ord. 3085 § 1(12-610), 2008)

13.16.620 Liability insurance.

The city attorney may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. 3085 § 1(12-620), 2008)

13.16.630 Water supply severance.

Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 3085 § 1(12-630), 2008)

13.16.640 Public nuisances.

A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance. The city attorney may require any person with authority to remedy a violation of this chapter and correct or abate such nuisance. Any person(s) creating a public nuisance shall be subject to any and all of the nuisance abatement procedures, and remedial provisions of the city of St. Helens Municipal Code, including, but not limited to, this chapter and Chapter 8.12 SHMC, governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance. (Ord. 3085 § 1(12-640), 2008)

13.16.650 Contractor listing.

Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city. Existing contracts for the sale of goods or services to the city held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the superintendent. (Ord. 3085 § 1(12-650), 2008)

Article XIII. Affirmative Defenses to Discharge Violations

13.16.660 Upset.

(1) For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3) of this section are met.

(3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

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

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

(c) The user has submitted the following information to the superintendent within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

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

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

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

(4) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(5) Users will have the opportunity for a judicial determination on any claim of upset only if an enforcement action is brought for noncompliance with categorical pretreatment standards.

(6) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (Ord. 3085 § 1(13-660), 2008)

13.16.670 Affirmative defense to prohibited discharge standards.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in SHMC 13.16.050(1) or the specific prohibitions in SHMC 13.16.050(2)(c) through (r) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 3085 § 1(13-670), 2008)

13.16.680 Bypass.

(1) For the purposes of this section,

(a) “Bypass” means the intentional diversion of wastestreams from any portion of a user’s treatment facility.

(b) “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) A user may allow any 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 provision of subsection (3) and (4) of this section.

(3) Notice of a bypass shall be provided as follows:

(a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the superintendent, at least 10 days before the date of the bypass, if possible.

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

(4) Bypass is prohibited, and the superintendent may take an enforcement action against a user for a bypass, unless:

(a) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b) 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 preventive maintenance; and

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

(5) The superintendent may approve an anticipated bypass, after considering its adverse effects, if the superintendent determines that it will meet the three conditions listed in subsection (4)(a) of this section. (Ord. 3085 § 1(13-680), 2008)

13.16.690 Wastewater discharge fees.

(1) There is established a wastewater discharge pretreatment program development fee to be paid by a user creating the need for a pretreatment program. The council shall establish the amount of the fee by resolution and may, from time to time, change the fee amount. The fee that is established by council resolution will be based on the cost the city incurs to develop a pretreatment program, including the establishment of local limits.

(2) There is established a wastewater discharge permit fee and a wastewater discharge permit application fee, to be paid by each user that is required to obtain a permit under this chapter. The council shall establish the amount of the fees by resolution, and may, from time to time, change the fee amounts.

(a) The application fee that is established by council resolution will be based on the costs the city incurs for processing applications, writing permits, and processing appeals.

(b) The permit fee that is established by council resolution will be based on the costs the city incurs to implement and maintain a pretreatment program, develop report formats, monitor inspections, perform surveillance, sample and analyze discharge, review reports from industrial users, investigate complaints, review and respond to accidental discharge procedures and construction, enforce compliance with the provisions in this chapter, and for any other costs the city may incur for activities associated with provisions in this chapter.

(3) The wastewater discharge pretreatment program development fee, the application fee, and the permit fee imposed in this chapter are separate from all other fees, fines and penalties that are chargeable by the city. (Ord. 3085 § 1(13-690), 2008)

Article XIV. Miscellaneous Provisions

13.16.700 Severability.

If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 3085 § 1(14-700), 2008)

13.16.710 Pretreatment charges and fees.

The city shall charge fees based on cost of service for sewer service. Such fees shall be set by resolution. The city may also adopt, by resolution, fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:

(1) Fees for permit applications, including the cost of processing such applications;

(2) Fees for monitoring, inspection and surveillance procedures, including the cost of reviewing monitoring reports submitted by industrial users;

(3) Fees for reviewing and responding to accidental discharge procedures and construction;

(4) Fees for filing appeals;

(5) 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, fines and penalties chargeable by the city. (Ord. 3085 § 1(14-710), 2008)

13.16.720 Conflicts.

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of the inconsistency or conflict. (Ord. 3085 § 1(14-720), 2008)