Chapter 13.12


13.12.010    Purpose, policy and classification.

13.12.020    Abbreviations.

13.12.030    Definitions.

13.12.040    General discharge prohibitions.

13.12.050    Federal categorical pretreatment standards.

13.12.060    Modification of federal categorical pretreatment standards.

13.12.070    Specific pollutant limitations.

13.12.080    State requirements.

13.12.090    City’s right of revision.

13.12.100    Excessive discharge.

13.12.110    Accidental discharges.

13.12.120    Fees – Purpose.

13.12.130    Charges, fees and rates.

13.12.140    Charges designated.

13.12.150    Wastewater dischargers.

13.12.160    Wastewater contribution permits – Generally.

13.12.170    Permit application.

13.12.180    Permit modifications.

13.12.190    Permit conditions.

13.12.200    Permit duration.

13.12.210    Permit transfer.

13.12.220    Compliance date report.

13.12.230    Periodic compliance reports.

13.12.240    Monitoring facilities.

13.12.250    Inspection and sampling.

13.12.260    Pretreatment.

13.12.270    Confidential information.

13.12.280    Enforcement – Harmful contributions.

13.12.290    Revocation of permit.

13.12.300    Notification of violation.

13.12.310    Legal action.

13.12.320    Civil penalties.

13.12.330    Falsifying information.

13.12.010 Purpose, policy and classification.

A. This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city of Palmer, and is enacted for the purpose of enabling the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403).

B. The objectives of this chapter are:

1. To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

2. To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

4. To provide for equitable distribution of the cost of the municipal wastewater system.

C. This chapter provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers’ capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

D. This chapter shall apply to the city and to persons outside the city who are, by contract or agreement with the city, users of the city POTW (publicly owned treatment works). Except as otherwise provided herein, the city manager shall administer, implement, and enforce the provisions of this chapter. (Ord. 234 § 1.1, 1980)

13.12.020 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD – Biochemical Oxygen Demand

CFR – Code of Federal Regulations

COD – Chemical Oxygen Demand

EPA – Environmental Protection Agency

l – Liter

mg – Milligrams

mg/l – Milligrams per Liter

NPDES – National Pollutant Discharge Elimination System

POTW – Publicly Owned Treatment Works

SIC – Standard Industrial Classification

SM – Settleable Matter

SWDA – Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.

TSS – Total Suspended Solids

U.S.C. – United States Code

(Ord. 234 § 1.2, 1980)

13.12.030 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

1. “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.

2. “Approval authority” means the administrator of the EPA.

3. Authorized Representative of Industrial User. An “authorized representative of an industrial user” may be:

a. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

b. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

c. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

4. “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).

5. “Building sewer” means a sewer conveying wastewater from the premises of a user to the POTW.

6. “Categorical standards” means national categorical pretreatment standards or pretreatment standard.

7. “City” means the city of Palmer or the city council of Palmer.

8. “Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

9. “Compatible pollutant” means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the publicly owned treatment work’s NPDES permit, where the publicly owned treatment work is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW’s NPDES permit.

10. “Control authority” refers to the approval authority, defined hereinabove; or the superintendent if the city has an approved pretreatment program under the provisions of 40 CFR Part 403.11.

11. “Direct discharge” means the discharge of treated or untreated wastewater directly to the waters of the state of Alaska.

12. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

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

14. “Holding tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

15. “Incompatible pollutant” means all pollutants other than compatible pollutants as defined in subsection (9) of this section.

16. “Indirect discharge” means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317) into the POTW (including holding tank waste discharged into the system).

17. “Industrial user” means a source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

18. “Interference” means the inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of the city’s NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

19. “National categorical pretreatment standard” or “pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

20. “National Pollution Discharge Elimination System” or “NPDES permit” means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

21. “National prohibitive discharge standard” or “prohibitive discharge standard” means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR Section 403.5.

22. “New source” means any source, the construction of which is commenced after the adoption of this chapter. Any construction dealing solely with domestic residences is excluded.

23. “Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.

24. “pH” means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

25. “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

26. “Pollution” means the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

27. “POTW treatment plant” means that portion of the POTW designed to provide treatment to wastewater.

28. “Pretreatment” or “treatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).

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

30. “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 in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, “POTW” also includes any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW.

31. “Settleable matter” means the total matter, both organic and inorganic, that will separate from a quiescent liquid by gravity.

32. “Shall” is mandatory; “may” is permissive.

33. “Significant industrial user” means any industrial user of the city’s wastewater disposal system who:

a. Has a flow greater than 10 percent of the flow in the city’s wastewater treatment system; or

b. Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act; or

c. Is found by the city, (State Control Agency) or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system.

34. “Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

35. “State” means the state of Alaska.

36. “Stormwater” means any flow occurring during or following any form of natural precipitation and resulting therefrom.

37. “Superintendent” means the person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

38. “Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

39. “Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts.

40. “User” means any person who contributes, causes or permits the contribution of wastewater into the city’s POTW.

41. “Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surfacewater, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

42. “Wastewater contribution permit” means as set forth in PMC 13.12.160 through 13.12.210.

43. “Waters of the state” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (Ord. 234 § 1.3, 1980)

13.12.040 General discharge prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

A. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, the state or the EPA has notified the user is a fire hazard or a hazard to the system;

B. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes;

C. Any wastewater having a pH less than 6.0, unless the POTW is specifically designed to accommodate such wastewater, or causing damage or hazard to structures, equipment and/or personnel of the POTW;

D. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act;

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

F. Any substance which may cause the POTW’s effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used;

G. Any substance which will cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards;

H. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;

I. Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plan resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit) unless the POTW treatment plant is designed to accommodate such temperature;

J. Any stormwater via roof drains, downspouts for a gutter system, foundation drains, parking lot drains or any other means of transporting storm, melt or runoff waters to the sanitary sewer;

K. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration quantities, or flow during normal operation;

L. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations;

M. Any wastewater which causes a hazard to human life or creates a public nuisance.

When the superintendent determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the superintendent shall: (1) advise the user(s) of the impact of the contribution on the POTW; and (2) develop effluent limitation(s) for such user to correct the interference with the POTW. (Ord. 480 § 3, 1995; Ord. 234 § 2.1, 1980)

13.12.050 Federal categorical pretreatment standards.

Upon the promulgation of the federal categorical pretreatment standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR Section 403.12. (Ord. 234 § 2.2, 1980)

13.12.060 Modification of federal categorical pretreatment standards.

Where the city’s wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. “Consistent removal” means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95 percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of (Title 40 of the Code of Federal Regulations, Part 403) “General Pretreatment Regulations for Existing and New Sources of Pollution” promulgated pursuant to the Act. The city may modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the approval authority is obtained. (Ord. 234 § 2.3, 1980)

13.12.070 Specific pollutant limitations.

A. No person shall discharge wastewater to the POTW containing in excess of:

0.0 mg/l arsenic,

0.0 mg/l BOD,

5.0 mg/l cadmium,

0.0 mg/l copper,

0.0 mg/l cyanide,

0.1 mg/l lead,

0.1 mg/l mercury,

0.1 mg/l nickel,

0.5 mg/l phenolic compounds,

5.0 mg/l silver,

0.0 mg/l S.M.,

0.0 mg/l total chromium,

1.0 mg/l total identifiable chlorinated hydrocarbons,

0.0 mg/l T.S.S.,

0.0 mg/l zinc;

B. Any wastewater having a pH of less than 6.0 or greater than 9.0;

C. Any water or waste which may contain more than 100 parts per million by weight of fat, oil, or grease, or any water or wastes containing oils, greases, or other substances that will solidify or become viscous at temperatures between 32 degrees to 150 degrees Fahrenheit;

D. Any water or wastes that contain more than 10 parts per million by weight of the following gases: hydrogen, sulphide, sulphur dioxide, or nitrous oxide. (Ord. 480 § 4, 1995; Ord. 234 § 2.4, 1980)

13.12.080 State requirements.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. (Ord. 234 § 2.5, 1980)

13.12.090 City’s right of revision.

The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in PMC 13.12.010. (Ord. 234 § 2.6, 1980)

13.12.100 Excessive discharge.

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standard, or in any other pollutant-specific limitation developed by the city or state. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in PMC 13.12.040, e.g., the pH prohibition.) (Ord. 234 § 2.7, 1980)

13.12.110 Accidental discharges.

A. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by January 1, 1983. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

B. Written Notice. Within five days following an accidental discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. (Ord. 234 § 2.8, 1980)

13.12.120 Fees – Purpose.

It is the purpose of this chapter to provide for the recovery of costs from users of the city’s wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the city’s schedule of charges and fees. (Ord. 234 § 3.1, 1980)

13.12.130 Charges, fees and rates.

Charges and fees are as established by this regulation and promulgated over the signature of the city manager. The city manager is empowered to discontinue service for nonpayment of any charge or fee or any other violation of this chapter. (Ord. 234 § 3.2.1, 1980)

13.12.140 Charges designated.

A. The charges for water and sewer connection fees, water and sewer service deposits, and treatment rates shall be established by the city council and adopted as a part of the city budget.

B. The charges, fees and rates shall be reviewed annually at the time of the city audit by the city manager. At any time that the city manager finds that the charges, fees and/or rates do not reflect actual costs to the city, the manager may adjust the rates to more realistically represent actual costs subject to ratification of the city council.

C. The rates as presented are for all wastes being delivered to the POTW. There shall be extra charges levied for any waste with pollutant strengths in excess of those stated in PMC 13.12.070. Those charges shall be determined by the city manager. Any waste with a pollutant strength in excess of those stated in PMC 13.12.070 must be pretreated at the owner’s expense prior to entering the city sewer system. (Ord. 07-029 § 26, 2007; Ord. 482 §§ 4, 5, 1995; Ord. 471 § 3, 1994; Ord. 402 § 3, 1989; Ord. 260 § 3, 1982; Ord. 234 § 3.2.2, 1980)

13.12.150 Wastewater dischargers.

It is unlawful to discharge without a city permit to any natural outlet within the city, or in any area under the jurisdiction of the city, and/or to the POTW any wastewater except as authorized by the superintendent in accordance with the provisions of this chapter. (Ord. 234 § 4.1, 1980)

13.12.160 Wastewater contribution permits – Generally.

All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of the ordinance codified in this chapter. (Ord. 234 § 4.2.1, 1980)

13.12.170 Permit application.

Users required to obtain a wastewater contribution permit shall complete and file with the city an application in the form prescribed by the city, and accompanied by a fee as stated in PMC 13.12.140(A). Existing users shall apply for a wastewater contribution permit within 60 days after the effective date of the ordinance codified in this chapter, and proposed new users shall apply at least 30 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

A. Name, address, and location (if different from the address);

B. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

C. Projected wastewater constituents and characteristics including but not limited to those mentioned in PMC 13.12.040 through 13.12.110 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended;

D. Time and duration of contribution;

E. Projected average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

F. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation. Such plans shall be in compliance with all National Plumbing and Building Codes enforced by the city at time of application;

G. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

H. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional O&M and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

I. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

The following conditions shall apply to this schedule:

1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

2. No increment referred to in subsection (I)(1) of this section shall exceed nine months.

3. No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent;

J. Each product produced by type, amount, process or processes and rate of production;

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

L. Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

M. Any other information as may be deemed by the city to be necessary to evaluate the permit application. The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to the terms and conditions provided herein. (Ord. 234 § 4.2.2, 1980)

13.12.180 Permit modifications.

Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national-categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by PMC 13.12.170, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by PMC 13.12.170(H) and (I). (Ord. 234 § 4.2.3, 1980)

13.12.190 Permit conditions.

Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

A. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

B. Limits on the average and maximum wastewater constituents and characteristics;

C. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

D. Requirements for installation and maintenance of inspection and sampling facilities;

E. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

F. Compliance schedules;

G. Requirements for submission of technical reports or discharge reports (see PMC 13.12.220 and 13.12.230);

H. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;

I. Requirements for notification of the city or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

J. Requirements for notification of slug discharges as per PMC 13.12.290;

K. Other conditions as deemed appropriate by the city to ensure compliance with this chapter. (Ord. 234 § 4.2.4, 1980)

13.12.200 Permit duration.

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in PMC 13.12.040 through 13.12.110 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 234 § 4.2.5, 1980)

13.12.210 Permit transfer.

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. (Ord. 234 § 4.2.6, 1980)

13.12.220 Compliance date report.

Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional. (Ord. 234 § 4.3.1, 1980)

13.12.230 Periodic compliance reports.

A. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a report indicating the nature and concentration, or pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all monthly flows which during the reporting period exceeded the average flow in the permit. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted.

B. The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (A) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. (Ord. 234 § 4.3.2, 1980)

13.12.240 Monitoring facilities.

A. The city shall require to be provided and operated at the user’s own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

B. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

C. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city. (Ord. 234 § 4.4, 1980)

13.12.250 Inspection and sampling.

The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, approval authority and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Ord. 234 § 4.5, 1980)

13.12.260 Pretreatment.

A. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.

B. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request. (Ord. 234 § 4.6, 1980)

13.12.270 Confidential information.

A. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

C. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a 10-day notification is given to the user. (Ord. 234 § 4.7, 1980)

13.12.280 Enforcement – Harmful contributions.

A. The city may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit.

B. Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence. (Ord. 234 § 5.1, 1980)

13.12.290 Revocation of permit.

Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of PMC 13.12.280 through 13.12.310:

A. Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

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

C. Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or

D. Violation of conditions of the permit. (Ord. 234 § 5.2, 1980)

13.12.300 Notification of violation.

Whenever the city finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, limitation or requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within five working days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user. (Ord. 234 § 5.3, 1980)

13.12.310 Legal action.

If any person discharges sewage, industrial wastes or other wastes into the city’s wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief. (Ord. 234 § 5.4, 1980)

13.12.320 Civil penalties.

Any user who is found to have violated an order of the city council or who willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be a chapter violator. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder. (Ord. 234 § 6.1, 1980)

13.12.330 Falsifying information.

Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be a chapter violator. (Ord. 234 § 6.2, 1980)