Chapter 13.16


13.16.010    Purpose and policy.

13.16.020    General requirements.

13.16.030    Wastewater discharge permit requirements.

13.16.040    Sampling and analytical requirements.

13.16.050    Compliance monitoring.

13.16.060    Confidential information.

13.16.070    Publication of users in significant noncompliance.

13.16.080    Administrative enforcement remedies.

13.16.090    Pretreatment charges and fees.

13.16.010 Purpose and policy.

A.    This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city of Valdez, Alaska (“the city”), and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The principal objectives of this chapter are:

1.    To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

2.    To prevent the introduction of inadequately treated pollutants through the POTW into receiving waters, which may threaten or cause noncompliance with the terms of the city’s POTW NPDES permit or otherwise be incompatible with the POTW;

3.    To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable law;

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

5.    To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW.

This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge permits; authorizes 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.

B.    Administration. Except as otherwise provided herein, the city manager shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city manager may be delegated by the city manager to other city personnel.

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

“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.

“Applicable Pretreatment Standards” means for any specified pollutant, city prohibitive standards, city specific pretreatment standards (local limits), state pretreatment standards, or EPA’s categorical pretreatment standards (when effective), whichever standard is appropriate or most stringent.

“Approval authority” means the regional administrator of the United States Environmental Protection Agency, Region 10.

“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, if 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 his/her designee.

d.    The individuals described in paragraphs (1) through (3) above may designate another authorized representative if the authorization is in writing, 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.

“Benzene, toluene, ethyl benzene and xylene (BTEX)” means summation of all quantifiable values of benzene, toluene, ethyl benzene and xylene as performed using test methods described in 40 CFR Part 136.

“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 twenty degrees centigrade, usually expressed as a concentration [milligrams per liter (mg/l)].

“Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the U.S. 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.

“Categorical user” means a user covered by one of EPA’s categorical pretreatment standards.

“City” means the municipality of Valdez, Alaska.

“Cooling water/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. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

“Color” means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.

“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.

“Day” for the purpose of this chapter, means any time reference of seven days or less will include only working days, time references in excess of seven days shall include calendar days.

“Domestic user (residential user)” means any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to one hundred gallons per capita per day, 0.2 pounds of BOD per capita, and 0.17 pounds of TSS per capita.

“Director” means the city manager, who is 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 such person designated by the city manager to enforce this chapter.

“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 the agency.

“Existing source” means for a categorical industrial user, any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

“Existing user” means for noncategorical users, any user which is discharging wastewater prior to the effective date of the ordinance codified in this chapter.

“Grab sample” means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

“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. The discharge into the POTW is normally by means of pipes, hoses, pump trucks, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, either: (a) inhibits or disrupts the POTW, its treatment processes or operations; (b) inhibits or disrupts its sludge processes, use or disposal; or (c) is or may reasonably be a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act; or (d) in the city’s judgment, is or may reasonably be in violation of law, or presents a threat to health, safety, welfare or the environment.

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

“Medical wastes” 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.

“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 subparagraph (a)(1) or (a)(2) above 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 on-site 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 section.

“New user.” A “new user” is not a new source and is defined as a user that applies to the city for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the city’s collection system after the effective date of the ordinance codified in this chapter. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an existing user if no significant changes are made in the operation of the facility.

“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 or may reasonably be 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).

“Permittee” means a person or user issued a wastewater discharge permit pursuant to this chapter.

“Person” means and includes corporations, companies, associations, firms, partnerships, organizations, business trusts or societies, as well as individuals. This definition includes all federal, state or local governmental entities.

“pH” means a measure of the acidity or alkalinity of a substance, expressed in standard units.

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

“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).

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

“Pretreatment standards” or “standards” means prohibited discharge standards, categorical pretreatment standards and local limits established by the city.

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sections 13.16.020(A)(1) and (2) of this chapter.

“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 or operated 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.

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

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

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

“Significant industrial user” means:

a.    A user subject to categorical pretreatment standards; or

b.    A user that:

i.    Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); or

ii.    Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

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.    Upon a finding by the city that a user meeting the criteria in subparagraph (b)(ii) has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable 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.

“Slug load” means any discharge at a flow rate or concentration which could cause a violation of the discharge standards in Sections 13.16.020(A) through (D) of this chapter or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge.

“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.

“Stormwater” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

“Total suspended solids” 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.

“Toxic pollutant” means one of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by EPA under Section 307 (33 U.S.C. 1317) of the Act.

“Treatment plant effluent” means the discharge from the POTW into waters of the United States.

“User” or “industrial user” means a source of indirect discharge. The source shall not include domestic user as defined herein.

“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.

“Wastewater discharge permit (industrial wastewater discharge permit, discharge permit)” means an authorization or equivalent control document issued under authority of this chapter by the city to users discharging wastewater to the POTW.

“Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

D.    Abbreviations. The following abbreviations shall have the designated meanings:



accidental spill prevention plan



benzene, toluene, ethyl benzene and xylene



biochemical oxygen demand



Code of Federal Regulations



chemical oxygen demand



U.S. Environmental Protection Agency



fats, oils and grease



gallons per day



industrial waste acceptance (optional: if the city uses an IWA)






lower explosive limit






milligrams per liter



National Pollutant Discharge Elimination System



operation and maintenance



publicly owned treatment works



Resource Conservation and Recovery Act



standard industrial classifications



solid waste disposal act (42 USC 6901, et seq.)



total suspended solids



United States Code

(Prior code § 22-61)

13.16.020 General requirements.

A.    Prohibited Discharge Standards.

1.    General Prohibitions. 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, waste streams with a closed-cup flashpoint of less than one hundred forty degrees fahrenheit (sixty degrees centigrade) using the test methods specified in 40 CFR 261.21;

b.    Wastewater having a pH less than 5.0 or more than eleven, or otherwise causing corrosive structural damage to the POTW or equipment;

c.    Solid or viscous substances in amounts or a substance which will cause obstruction of the flow in the POTW;

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.    Wastewater having a temperature 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 one hundred four degrees fahrenheit (forty degrees centigrade) unless the approval authority, upon the request of the POTW, approves alternate temperature limits;

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 worker health or safety problems;

h.    Trucked or hauled pollutants, except at discharge points designated by the city pursuant to a permit issued under this chapter;

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 which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the city’s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent from the seasonably established norm for aquatic life;

k.    Wastewater containing any radioactive wastes or isotopes except as specifically approved by the director in compliance with applicable state or federal regulations;

l.    Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the director;

m.    Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes;

n.    Medical wastes, except as specifically authorized by the director;

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

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

q.    Any liquid, 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 meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter;

r.    Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, 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;

s.    Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits;

t.    Any wastewater, which in the opinion of the director can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under special agreement by the director (except that no special waiver shall be given from categorical pretreatment standards);

u.    The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septage, or other wastewater unless the person has first obtained testing and approval as may be generally required by the city and paid all fees assessed for the privilege of the discharge;

v.    Any hazardous wastes as defined in rules published by the state or in EPA rules 40 CFR Part 261;

w.    Persistent pesticides and/or pesticides regulated by the federal insecticide fungicide rodenticide act (FIFRA).

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.

B.    Federal Categorical Pretreatment Standards. The National Categorical Pretreatment Standards found at 40 CFR Chapter I, subchapter N, Parts 405-471, are incorporated.

C.    State Requirements. State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or other applicable code provisions.

D.    Local Limits. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following daily maximum allowable discharge limits.

Proposed Discharge Limits

City of Valdez

(all limits in mg/l) unless noted


Maximum Daily

































The above limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances are for “total” metal unless indicated otherwise. The director may impose mass limitations in addition to (or in place of) the concentration-based limitations above. Where a 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.

E.    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.

F.    Special Agreement. The city reserves the right to enter into special agreements 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 approval authority in accordance with Part 403.13.

G.    Dilution. 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 an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement.

The director may impose mass limitations on users which he believes may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

H.    Pretreatment Facilities. Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all applicable pretreatment standards and requirements set out in this chapter within the time limitations specified by the EPA, the state, or the director, whichever is more stringent.

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 acceptable discharge to the city under the provisions of this chapter.

I.    Deadline for Compliance with Applicable Pretreatment Requirements.

Compliance by existing users (categorical users) covered by categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. The city shall establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards or for any categorical user when the local limits for the user are more restrictive than EPA’s categorical pretreatment standards. New source dischargers and new users are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed ninety days from the beginning of discharge). New sources and new users shall install and have in operating condition and shall “start-up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Any wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established in EPA’S categorical pretreatment standards. Any other existing user or a categorical user that must comply with a more stringent local limit, which is in noncompliance with any local limits shall be provided with a compliance schedule placed in an industrial wastewater permit to insure compliance within the shortest time feasible.

J.    Additional Pretreatment Measures.

1.    Whenever deemed necessary, the director 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 waste streams from industrial waste streams, 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.    Grease, oil and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at his expense.

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

K.    Accidental Discharge/Slug Control Plans. The director may require any user to develop and implement an accidental discharge/slug control plan. Where deemed necessary by the city, facilities to prevent accident discharge or slug discharges of pollutants shall be provided and maintained at the user’s cost and expense. An accidental spill prevention plan/slug control plan showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The city shall determine which user is required to develop a plan and require the plan to be submitted within sixty days after notification by the city. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the city. 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.

1.    Any user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following:

a.    Description of discharge practices, including non-routine batch discharges;

b.    Description of stored chemicals;

c.    Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards in subsections A through D of this section; 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.

2.    Users shall notify the city wastewater treatment plant immediately upon the occurrence of a “slug” or “accidental discharge” of substances regulated by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. 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 law, and for reasonable attorney’s fees incurred by the city related to the discharge and its effects.

3.    Within five days following an accidental discharge, the user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

4.    Signs shall be permanently posted in conspicuous places on the user’s premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.

L.    Septic Tank Wastes.

1.    Septic tank waste may be introduced into the POTW only at a designated receiving structure within the treatment plant area, and at such times as are established by the director. Such wastes shall not violate this section or any other requirements established or adopted by the city. Wastewater discharge permits for individual vehicles to use such facilities shall be issued by the director.

2.    Septage haulers may only discharge loads at locations specifically designated by the director. No load may be discharged without prior consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable pretreatment standards. The director may require the hauler to provide a waste analysis of any load prior to discharge.

3.    Septage haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, sources of waste, and volume and characteristics of waste.

4.    Fees for dumping hauled wastes will be established as part of the user fee system as authorized in Section 13.16.080(A) of this chapter. (Prior code § 22-62)

13.16.030 Wastewater discharge permit requirements.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director. 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 this chapter. 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.

The director may require other users, including liquid waste haulers, to obtain wastewater discharge permits (as necessary) to carry out the purposes of this chapter.

A.    Wastewater Discharge Permitting—Existing SIU. Any SIU that was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and that wishes to continue such discharges in the future shall, within sixty days after notification by the director submit a permit application to the city in accordance with Section 13.16.030C, and shall not cause or allow discharges to the POTW to continue after thirty days of the effective date of the ordinance codified in this chapter except in accordance with a wastewater discharge permit issued by the director.

B.    Wastewater Discharge Permitting—New Source and New User. At least ninety days prior to the anticipated startup, new sources, sources that become a user subsequent to the promulgation of an applicable categorical pretreatment standard, and new users considered by the city to fit the definition of SIU, shall apply for a wastewater discharge permit and will be required to submit to the city at least the information listed in subsections (C)(1) through (5) of this section. A new source or new user cannot discharge without first receiving a wastewater discharge permit from the city. New sources and new users shall also be required to include in their application information on the method of pretreatment the user intends to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in subsections (C)(4) and (5) of this section.

C.    Wastewater Discharge Permit Application Contents. All users required to obtain a wastewater discharge permit must submit, at a minimum, the following information. The director shall approve a form to be used as a permit application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b).

1.    Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners.

2.    Permits. The user shall submit a list of any environmental control permits held by or for the facility.

3.    Description of Operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user, 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; number and type of employees; hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description should also include a schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.

4.    Flow Measurement.

a.    Categorical User. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

i.    Regulated or manufacturing process streams; and

ii.    Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).

b.    Noncategorical User. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following: total process flow wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the director.

The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

5.    Measurements of Pollutants.

a.    Categorical User.

i.    The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.

ii.    In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass) where required by the categorical pretreatment standard or as required by the city of regulated pollutants (including standards contained in Sections 13.16.020(A) through (D), as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Section 13.16.040.

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

iv.    Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user covered by a categorical pretreatment standard this adjusted limit along with supporting data shall be submitted as part of the application.

b.    Noncategorical User.

i.    The user shall identify the applicable pretreatment standards for its wastewater discharge.

ii.    In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in Sections 13.16.020(A) through (D), as appropriate in the discharge. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Section 13.16.040.

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

iv.    Where the director developed alternate concentration or mass limits because of dilution this adjusted limit along with supporting data shall be submitted as part of the application.

6.    Certification. A statement, reviewed by an authorized representative of the user and certified by a qualified professional as outlined in subsection D of this section, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements;

7.    Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the applicable pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O and M shall control. The completion date in this schedule shall not be later than the compliance date established pursuant to Section 13.16.020(I) of this chapter.

a.    Where the user’s categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this paragraph, the information required by subsections C(6) and (7) of this section shall pertain to the modified limits.

b.    If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by subsections C(6) and (7) of this section shall be submitted by the user within sixty days after the modified limit is approved.

c.    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.).

d.    No increment referred to in subsection (C)(7) of this section shall exceed nine months.

e.    Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city including, at 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.

8.    Notification of Significant Production Changes. Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the city within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge permit.

9.    Hazardous Waste Notification. Any user that is discharging fifteen kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide a one-time notification in writing to the city, EPA regional waste management division director, Region 10. Any existing user exempt from this notification, shall comply with the requirements contained herein within thirty days of becoming aware of a discharge of fifteen kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the city sewer system.

Such notification shall include:

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

b.    The EPA hazardous waste number; and

c.    The type of discharge (continuous, batch, or other).

d.    If an industrial user discharges more than one hundred kilograms of such waste per calendar per month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user:

i.    An identification of the hazardous constituents contained in the wastes,

ii.    An estimation of the mass and concentration of such constituents in the waste streams discharged during that calendar month, and

iii.    An estimation of the mass of constituents in the waste streams expected to be discharged during the following twelve months.

These notification requirements do not apply to pollutants already reported under the self-monitoring requirements. Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the city of the discharge of such a substance within ninety days of the effective date of such regulations.

In the case of any notification made under this paragraph, an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

10.    Notification of Changed Discharge. All users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p).

11.    Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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 POTW, or where the user has been specifically notified of a longer retention period by the director.

12.    Other Information. Any other information as may be deemed necessary by the director to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

D.    Signatory and Certification Requirement. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and 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.

E.    Wastewater Discharge Permit Decisions. The director will evaluate the data furnished by the user and may require additional information. Within thirty days of receipt of a complete wastewater discharge permit application, the director will determine whether or not to issue a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within thirty days of full evaluation and acceptance of the data furnished. The director may deny any application for a wastewater discharge permit.

F.    Wastewater Discharge Permit Contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the director 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.

1.    Wastewater discharge permits must contain the following conditions:

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 to and approval from the city and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

c.    Applicable pretreatment standards and requirements, including any special state requirements;

d.    Self monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and record keeping 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.    Requirement for immediate notification to the city where self-monitoring results indicate noncompliance;

f.    Requirement to report a bypass or upset of a pretreatment facility;

g.    Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the city within thirty days after becoming aware of the violation.

2.    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.    Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges;

d.    Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

e.    The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

f.    Requirements for installation and maintenance of inspection and sampling facilities and equipment;

g.    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;

h.    Any special agreements the director chooses to continue or develop between the city and user;

i.    Other conditions as deemed appropriate by the director to ensure compliance with this chapter, and state and federal laws, rules and regulations.

G.    Wastewater Discharge Permit Appeals. Any person, including the user, may petition the director to reconsider the terms of a wastewater discharge permit within seven days of its issuance.

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

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

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

4.    If the director fails to act within seven days, a request for reconsideration shall be deemed to be denied.

5.    An appeal to the director’s decision may be made to the city council. Notice of appeal must be filed with the city clerk within thirty days of the date of the director’s decision.

H.    Wastewater Discharge Permit Duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the director. Each wastewater discharge permit will indicate a specific date upon which it will expire.

I.    Wastewater Discharge Permit Modification. The director may modify the wastewater discharge permit for good cause including, but not limited to, the following:

1.    To incorporate any new or revised federal, state or local pretreatment standards or requirements;

2.    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;

3.    A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

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

5.    Violation of any terms or conditions of the wastewater discharge permit;

6.    Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

7.    Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

8.    To correct typographical or other errors in the wastewater discharge permit; or

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

J.    Wastewater Discharge Permit Transfer. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety days advance notice to the director and the director approves the wastewater discharge permit transfer. The notice to the director must include a written certification by the new owner and/or operator which:

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

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

3.    Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer.

Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner’s permit.

K.    Wastewater Discharge Permit Revocation. Wastewater discharge permits may be revoked for, but not limited to, the following reasons:

1.    Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

2.    Failure to provide prior notification to the city of changed conditions;

3.    Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4.    Falsifying self-monitoring reports;

5.    Tampering with monitoring equipment;

6.    Refusing to allow the city timely access to the facility premises and records;

7.    Failure to meet discharge limitations;

8.    Failure to pay fines;

9.    Failure to pay sewer charges;

10.    Failure to meet compliance schedules;

11.    Failure to complete a wastewater survey or the wastewater discharge permit application;

12.    Failure to provide advance notice of the transfer of a permitted facility;

13.    If the city has to invoke its emergency provision as cited in section 22-67(d) of this article; or

14.    Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

L.    Wastewater Discharge Permit Reissuance. A user, required to have a wastewater discharge permit, shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application, in accordance with subsection C of this section, a minimum of one hundred eighty days prior to the expiration of the user’s existing wastewater discharge permit. A user, whose existing wastewater discharge permit has expired and has submitted its reapplication in the time period specified herein, 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. (Prior code § 22-63)

13.16.040 Sampling and analytical requirements.

A.    Sampling Requirements for Users.

1.    A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. The director will determine on a case-by-case basis whether the user will be able to composite the individual grab samples. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The city may waive flow-proportional composite sampling for any user that demonstrates that flow-proportional is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

2.    Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the city and contained in the user’s wastewater discharge permit. For categorical users, if other waste waters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable categorical pretreatment standards. For other SIUs, for which the city has adjusted its local limits to factor out dilution flows, the user should measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).

3.    All sample results shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge permit, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.

B.    Analytical Requirements. All pollutant analyses, including sampling techniques, 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 the EPA.

C.    City Monitoring of User’s Wastewater. The city will follow the same procedures as outlined in subsections A and B of this section, unless the city or the user first obtains permission from EPA to use other procedures. (Prior code § 22-64)

13.16.050 Compliance monitoring.

A.    Inspection and Sampling. The city shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, and any wastewater discharge permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

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

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

3.    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 director and shall not be replaced. The costs of clearing such access shall be born by the user.

4.    Unreasonable delays in allowing the director access to the user’s premises shall be a violation of this article.

B.    Monitoring Facilities.

1.    Each user may be required by the city to provide and operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of each sewer discharge to the city. Each monitoring facility shall be situated on the user’s premises, except where such a location would be impractical or cause undue hardship on the user, the city may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The director, whenever applicable, may required the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line, wastewater treatment system).

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

3.    All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.

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

C.    Search Warrants. If the director 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 as part of a routine inspection program of the city designed to verify compliance with this chapter or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the director shall seek issuance of a search and/or seizure warrant from the appropriate court. Such warrant shall be served at reasonable hours by the director in the company of a uniformed police officer of the city.

D.    Vandalism. No person shall wilfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter. (Prior code § 22-65)

13.16.060 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from city 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 city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable law. 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. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. While the city will make best efforts to comply with this confidentiality provision, the city will not be liable for any release of confidential information unless the release is deemed to be malicious or intentional. (Prior code § 22-66)

13.16.070 Publication of users in significant noncompliance.

A.    The city may publish annually, in the largest newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:

1.    Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

2.    Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

3.    Any other discharge violation that the city believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);

4.    Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge;

5.    Failure to meet, within ninety 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;

6.    Failure to provide within thirty 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;

7.    Failure to accurately report noncompliance; or

8.    Any other violation(s) which the city determines could reasonably adversely affect the operation or implementation of the local pretreatment program. (Prior code § 22-67)

13.16.080 Administrative enforcement remedies.

A.    Notification of Violation. When the director 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 director may serve upon that user a written notice of violation via certified letter. Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B.    Enforcement.

1.    When the director finds that a user has violated (or continues to violate) any provision of this chapter, a consent order or other agreement approved by the city council pursuant to 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 director 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.    The director may enter into consent orders subject to approval by the city council, assurances of voluntary compliance, or other similar agreements 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.

3.    Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

C.    Administrative Fines.

1.    When the director 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 director may fine such user in an amount not to exceed twenty-five thousand dollars per day. Such fines shall be assessed on a per violation, per day cumulative 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.    Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

D.    Emergency Suspensions. The director may immediately suspend a user’s discharge (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 director 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.

1.    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 director shall take such steps as deemed necessary, including without limitations immediate severance of the sewer connection, or any other access to the POTW to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

E.    Termination of Discharge. In addition to the provisions in Section 13.16.030(K) of this chapter, any user that violates the following conditions is subject to discharge termination:

1.    Violation of wastewater discharge permit conditions;

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

3.    Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

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

5.    Violation of the pretreatment standards in Section 13.16.020. (Prior code § 22-68)

13.16.090 Pretreatment charges and fees.

The city may adopt by resolution reasonable fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:

A.    Fees for wastewater discharge permit applications including the cost of processing such applications;

B.    Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by users;

C.    Fees for reviewing and responding to accidental discharge procedures and construction; and

D.    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. (Prior code § 22-69)