Chapter 13.20


13.20.010    Purpose and authority.

13.20.020    Applicability.

13.20.030    General prohibitions.

13.20.040    Prohibited industrial waste.

13.20.050    Discharge limits.

13.20.060    Additional discharge limits.

13.20.070    Health care related industrial waste.

13.20.080    Permit requirements.

13.20.090    Permit application.

13.20.100    Fees.

13.20.110    Termination or denial.

13.20.120    Permit duration.

13.20.130    Standard permit conditions.

13.20.140    Inspection and entry.

13.20.150    Monitoring and records.

13.20.160    Notification requirements.

13.20.170    By-pass.

13.20.180    Upset.

13.20.190    Reporting requirements.

13.20.010 Purpose and authority.

The purpose of this chapter is to manage the acceptance of industrial wastes into the sewerage system and to provide for the protection of the town’s sanitary system and process, groundwater resources, effluent and industrial wastewater sludge disposal methods, and operating personnel through adequate regulation of industrial wastewater discharges.

This is accomplished in compliance with a publicly owned treatment works (“POTW”) pretreatment program mandated by the National Pollutant Discharge Elimination System (“NPDES”) permits issued by the Environmental Protection Agency (“EPA”) to the SWTRF in conformity with 40 C.F.R. Part 403 and the Clean Water Act (“CWA”), 33 U.S.C. Section 1251, et seq., as amended. [Ord. 2002-05; prior code § 16-4-1.]

13.20.020 Applicability.

This chapter applies to all industrial users discharging to the SWTRF. [Ord. 2002-05; prior code § 16-4-2.]

13.20.030 General prohibitions.

A. Unless otherwise permitted by permit, no person shall discharge or cause to be discharged to any sewer, which directly or indirectly connects to the SWTRF, any industrial waste which may have an adverse or harmful effect on the SWTRF, SWTRF personnel or equipment, SWTRF effluent quality, public or private property; which may otherwise endanger the public, the environment or create a public nuisance; which exceeds limitations as set by this chapter or the town; or cause the SWTRF to violate state or federal regulations or permits. Prohibited industrial waste described in this chapter shall not be discharged to the SWTRF. Included within this prohibition is the discharge of any industrial wastes that adversely affect water reclamation, water reuse, sludge disposal or air quality.

B. In determining the acceptability of specific industrial waste, the town shall consider the nature of the industrial waste and the adequacy and nature of the collection, treatment, and disposal system available to accept the industrial waste.

C. The town may establish discharge limits for industrial users which have or may have a reasonable potential to degrade the industrial wastewater quality such that it prevents or inhibits the SWTRF’s efforts to reclaim the water, to dispose of sludge, or causes any unusual operation or maintenance problems at the SWTRF. [Ord. 2002-05; prior code § 16-4-3.]

13.20.040 Prohibited industrial waste.

Except as provided elsewhere in this chapter, prohibited industrial waste shall include:

A. Industrial wastewater that may be adverse or harmful to the SWTRF, its personnel, equipment, or effluent quality, including, but not limited to:

1. Any gasoline, benzene, naphtha, solvent, fuel oil or any other liquids, solids, or gases which create or tend to create a fire or explosion hazard in the SWTRF, or to be injurious in any other way to the SWTRF, including, but not limited to, waste streams with a closed cup flash point of less than 140 degrees Fahrenheit.

2. Any solids or viscous substances of such size or in such quantities that they may obstruct the flow in the sewer or be detrimental to SWTRF operations, including, but not limited to, asphalt, dead animals, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, grass clippings, tar, plastic resins, wood, blood, paunch manure, grease, bones, hair, fleshings, entrails, paper cups, paper dishes, milk cartons or other similar paper products, either whole or ground.

3. Any amounts of petroleum oil, nonbiodegradable cutting oil, or products originating from mineral oil in amounts that would cause or tend to cause interference or pass-through.

4. Any biodegradable oils, fats and greases, such as lard, tallow or vegetable oil, in concentrations that may cause adverse effects on the SWTRF.

5. Any industrial waste containing a concentration in excess of the discharge limits specified in STC 13.20.050 or in any permit for the following parameters: arsenic, barium, boron, cadmium, chlorine, chromium, copper, cyanide, lead, manganese, mercury, oil and grease, nickel, phenol (total), selenium, silver, sulfides, or zinc.

6. Any industrial waste in such concentration or volume that is toxic to humans, animals, the local environment or to biological industrial wastewater treatment processes; or that causes interference, upset or pass-through at the SWTRF.

7. Any industrial waste having a pH lower than 6.0 or greater than 9.0 standard units; causing incrustations, scale or precipitates on sewer walls; or having any corrosive or detrimental characteristics that may cause injury to the SWTRF or service and maintenance personnel.

a. Where an industrial user is required by its permit to continuously monitor its pH discharge over a 30-day period, the industrial user shall maintain the pH of such industrial wastewater within the range set forth in its permit, except that variations from the range are permitted subject to the following limitations:

(1) The total time during which the pH values are outside the required range of pH values shall not exceed seven hours and 26 minutes in any calendar month; and

(2) No individual variations from the range of pH values shall exceed 60 minutes nor shall the pH be less than 5.0.

b. Where an industrial user is required by its permit to continuously monitor its pH discharge on any representative day, the industrial user shall maintain the pH of such industrial wastewater within the range set forth in its permit, except that variations from the range are permitted subject to the following limitations:

(1) The total time during which the pH values are outside the required range of pH values shall not exceed 10 percent of the duration of discharge; and

(2) No individual variations from the range of pH values shall exceed 45 minutes, nor shall the pH be less than 5.0.

c. For purposes of this section, a “variation” is the period of time or volume of discharge, from when the range is exceeded until the discharge has returned to compliance.

8. Any industrial waste having a temperature of 140 degrees Fahrenheit or higher at the discharge point, or which causes the SWTRF influent to exceed 104 degrees Fahrenheit.

9. Any excessive amounts of chlorinated hydrocarbon or organic phosphorous type compounds.

10. Any industrial waste containing substances that may precipitate, solidify, gel, polymerize or become viscous under conditions normally found in a sewerage system.

11. Any industrial waste producing discoloration of the SWTRF’s effluent.

12. Any solid industrial waste, other than that normally found in domestic source industrial wastewater, that is not ground sufficiently to pass through a three-eighths-inch mesh screen.

13. Any industrial waste containing detergents, surface active agents, or other substances, which may cause excessive foaming in the sewerage system.

14. Any sludge from water or industrial wastewater treatment plants not owned and operated by the town. The town may permit an industrial user to discharge the sludge upon a finding that the discharge will not adversely affect the operation of the SWTRF and the pollutant concentration does not exceed those in the sludge produced by the SWTRF. No such permit shall be issued which would violate any other federal, state, or local rule, regulation, or standards.

15. Any hazardous industrial waste discharged to any portion of the SWTRF by truck, rail or dedicated pipeline.

16. Any trucked or hauled pollutant except at a septage receiving station or discharge points designated within the SWTRF by the town.

17. Any slug load.

B. Industrial wastewater which may be dangerous to the public, the environment, or which creates a public nuisance, including but not limited to:

1. Any excessive quantity of radioactive material.

2. Any material containing toxic or poisonous solids, liquids or gases in such quantities that alone, or in combination with other substances, may create a hazard for humans, animals, or the local environment, interfere detrimentally with industrial wastewater treatment processes, cause a public nuisance, or cause any condition requiring emergency response at the SWTRF.

3. Any pollutant which can result in the formation or presence of toxic gases, vapors, or fumes within the SWTRF that may cause or tend to cause acute worker health and safety problems.

4. Any strongly odorous material or material tending to create odors.

5. Any industrial wastewater in such concentration or volume that may cause failure in the effluent toxicity testing.

6. Any recognizable portion of the human anatomy.

C. Industrial wastewater that may cause dilution or hydraulic loading problems at the SWTRF, including, but not limited to:

1. Any water added for the purpose of diluting industrial waste which would otherwise exceed maximum concentration limits.

2. Any rainwater, stormwater runoff, groundwater, street drainage, roof drainage, yard drainage, water from yard fountains, ponds, swimming pools, lawn sprays or uncontaminated water except where prior approval for such discharge is given by the town.

3. Any deionized water, steam condensate or distilled water in amounts which cause problems with hydraulic loading.

4. Any blowdown or bleed water from heating, ventilating, air conditioning or other evaporative systems exceeding one-third of the makeup of the water in a 24-hour period.

5. Any single pass cooling or heating water. [Ord. 2002-05; prior code § 16-4-4.]

13.20.050 Discharge limits.

A. The amount and nature of allowable discharge will be specified in the permit issued to an industrial user, and the characteristics of any discharge shall not exceed those specified in this chapter. An industrial user currently discharging industrial wastewater in excess of these standards shall limit the discharge to conform to the standards within 180 days of the effective date of the ordinance codified in this chapter. An industrial user may request an extension of up to six months to comply with these standards by demonstrating good cause; however, all industrial users shall be in compliance with this chapter no later than 180 days from the date of adoption of the ordinance codified in this chapter.

B. Maximum Allowable Daily Discharge Limits.

1. Maximum allowable daily discharge limits for regulated substances (mg/l), composite sample:



arsenic – total


barium – total


boron – total


cadmium – total


chromium – total


copper – total


lead – total


manganese – total


mercury – total


nickel – total


silver – total


zinc – total


phenols – total


cyanide – total


selenium – total


oil and grease


sulfide – total


sulfide – dissolved


chlorine – total


* based on grab sample

2. Discharge Limits Based Upon Fume Toxicity (mg/l). The discharge limits for fume toxicity are based on grab samples:









carbon disulfide


carbon tetrachloride
























ethyl benzene


ethylene dichloride








methyl ethyl ketone (2-butanone)


methylene chloride














vinyl chloride


vinylidene chloride


aroclor 1242


aroclor 1254


[Ord. 2002-05; prior code § 16-4-5.]

13.20.060 Additional discharge limits.

A. The town may impose such other limitations intended for general application to industrial users as it determines necessary for the health, safety and welfare of the public after a public hearing. The town shall provide notification at least 45 days prior to the public hearing by publication in a local newspaper of general circulation and by written notice to any person who has filed a request of notification with the town clerk. The notice shall contain a brief description of the nature of the proposal to be considered, and the time and place of the hearing on such proposal.

B. In the event the town determines that an industrial user is discharging to the SWTRF any industrial waste not previously identified as prohibited in such amounts as may interfere with, pass-through, or upset the operation of the SWTRF, the town shall: (1) advise the industrial user of the impact of the discharge on the SWTRF; (2) develop a discharge limit for such industrial user to correct the interference with the SWTRF; and (3) require the industrial user to comply with the discharge limit. [Ord. 2002-05; prior code § 16-4-6.]

13.20.070 Health care related industrial waste.

A. Hospitals, clinics, physician offices, mortuaries, morgues and long-term health care:

1. May discharge through a grinder installation after the town approves. The installation will have inlet size and design features suitable for its intended use and be so constructed that all particles pass through a maximum three-eighths-inch mesh opening.

2. Shall not discharge to the SWTRF or sewer by any means:

a. Solid industrial waste generated in the rooms of patients who are isolated because of a suspected or diagnosed communicable disease;

b. Recognizable portions of the human anatomy;

c. Equipment, instruments, utensils and other materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which by the nature of the disease is required to be isolated by public health agencies; or

d. Any waste excluded by other provisions of this chapter.

B. Nothing in this section shall be construed to limit the authority of the other federal, state, county or local authorities having jurisdiction over infectious or communicable diseases from prohibiting the discharge to the SWTRF, with the concurrence of the town.

C. The requirements of this section shall not apply to dental facilities. [Ord. 2002-05; prior code § 16-4-7.]

13.20.080 Permit requirements.

A. All persons shall obtain a permit prior to discharging or causing any industrial wastewater to be discharged directly or indirectly to the SWTRF. In issuing the permit, the town shall set requirements at least as stringent as applicable federal or state rules, regulations, or pretreatment standards.

B. A permit shall be required for all food service facilities, except those that install and maintain a grease trap in accordance with the requirements of Section 711 of the Uniform Plumbing Code, 1998 Edition. These businesses shall be responsible for ensuring that the discharge from their operations is in compliance with the provisions set forth in this chapter.

C. The town may require a separate permit for each connection to the SWTRF and may require a separate permit from each tenant as well as the owner or manager of any multitenant property, including but not limited to shopping centers, medical centers, and industrial or commercial parks. [Ord. 2002-05; prior code § 16-4-8.]

13.20.090 Permit application.

A. Any person required to obtain a permit shall file with the town an application in the form prescribed by the town and accompanied by the permit application fee.

B. The permit application, or reapplication, shall contain at least the following information:

1. A completed industrial wastewater permit application form, signed and dated.

2. A completed industrial wastewater questionnaire, signed and dated.

3. Any drawing, plan, diagram, site plan, or plumbing plan of the property requested by the town, showing accurately all plumbing and sewerage necessary to satisfy permit requirements.

4. Discharge flow information and water consumption information.

5. Chemical analysis of any industrial wastewater constituent that may be discharged to the SWTRF, as deemed necessary by the town, for the determination of permit requirements. The applicant must determine and so state if its discharge, as characterized by the above analysis, is, or would be, in violation of any applicable standards.

6. The Standard Industrial Classification Code (“SIC”) which best characterizes the activities undertaken on the property.

7. Identification and listing of all environmental control permits held by the applicant which are applicable to the property or to any operation, process, or facility thereon.

8. Identification and listing of all hazardous materials or hazardous substances that are, or are expected to be, generated, consumed, used, or stored on the property, including the quantities thereof, storage and spill prevention facilities, and method of disposal for any such materials or industrial waste.

9. If the applicant is regulated under 40 C.F.R. Parts 405 to 471, the applicant shall identify all applicable pretreatment standards (for existing or new sources, as appropriate) by subsections. If the applicant determines that it is not so regulated it shall so state on the application. At least 90 days prior to commencement of discharge, new sources shall submit to the town a report which contains the information in the baseline monitoring report (“BMR”) as required by 40 C.F.R. Section 403.12(b).

10. Such other information as the town may require to assist in the determination of permit requirements.

11. All permit applications shall be signed by an authorized corporate officer, a general partner, sole proprietor, or principal executive officer or ranking elected official of a municipality, state, federal, or other public agency.

12. All permit applications shall contain the following certification signed by a responsible representative of the applicant: “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.”

13. When an industrial user becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the town, it shall promptly submit such facts or information.

C. The town shall respond to permit applications within 45 days of receipt of a completed permit application. An industrial user shall submit a new application with appropriate fees 180 days before the existing permit expires.

D. Applicants shall reply to the town and submit any permit application or questionnaire forms and any other related lists, plans, analyses, flow information, or other materials, as requested by the town, within 30 days of receipt of any such forms or requests.

E. The town may modify any permit to make minor corrections or allowances for changes in the permitted activity listed in this section. Modifications may only:

1. Correct typographical errors;

2. Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

3. Allow for a change in ownership or operational control of a facility (after notice to the town) where the town determines that no other change in the permit is necessary; provided, that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new user has been submitted to the town; or

4. Implement the compliance schedule for a discharger which is a new source. No such change shall affect a discharger’s obligation prior to discharge.

F. Any permit shall be modified to incorporate an applicable standard or limitation which is promulgated or approved after the permit is issued if that standard or limitation is more stringent than the limitation in the permit or controls a pollutant not limited in the permit. [Ord. 2002-05; prior code § 16-4-9.]

13.20.100 Fees.

Significant industrial users and industrial users subject to categorical pretreatment standards shall pay an application fee of $600.00 and a renewal fee of $600.00. For all other industrial users, the application fee and renewal fee shall be $75.00. The fee shall be paid to the town at the time the application is filed. A permit modification may be applied for and granted with no fee required. The permit fee shall be refunded if a determination is made that a permit is not required. [Ord. 2002-05; prior code § 16-4-10.]

13.20.110 Termination or denial.

The following are causes for terminating a permit during its term or for denying a renewal of a permit:

A. Significant noncompliance by an industrial user with any condition of the permit.

B. An industrial user’s failure in the permit application or during the permit issuance process to disclose fully all relevant facts, or an industrial user’s misrepresentation of any relevant facts at any time.

C. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by revocation.

D. A change in any condition that requires either a temporary or a permanent reduction or elimination of any discharge controlled by the permit. [Ord. 2002-05; prior code § 16-4-11.]

13.20.120 Permit duration.

Permits and renewal permits shall be issued for a specified time period, not to exceed five years. [Ord. 2002-05; prior code § 16-4-12.]

13.20.130 Standard permit conditions.

Each of the following conditions shall be a part of every permit issued pursuant to this chapter, whether expressly stated in the permit or not.

A. State and Federal Requirements. An industrial user shall comply with all applicable federal rules, regulations or pretreatment standards, or any applicable more stringent state or local rules, regulations or standards whether or not contained in the permit.

B. Separation of Wastes. All domestic source industrial wastewater from restrooms, showers, drinking fountains, and similar sources shall be kept separate from all other industrial wastewater until the industrial wastewater has passed through any required pretreatment facility or device and the industrial wastewater monitoring facility. The town may waive this condition if subsection F of this section is utilized.

C. Sample Location. As a condition of the permit, all discharged industrial wastewater shall pass through a designated sampling location. This sample location shall be located so as to allow unrestricted physical access by the town or its designated agent.

D. Accidental Discharge Protection (Slug Discharges). All industrial users shall provide protection from the accidental discharge or spill into the SWTRF of prohibited, hazardous or other industrial waste materials which are regulated through this chapter. Such protection shall be provided and maintained at the industrial user’s expense. No industrial user shall commence discharge to the SWTRF without accidental discharge protection facilities or procedures.

E. Posting of Bond. The town may at any time impose the posting of a bond by any industrial user, including, but not limited to, any septage hauler. In determining the amount of any bond which is to be required, the town shall consider: (1) the reasonably foreseeable injury to SWTRF facilities or personnel that could result from any discharge in violation of the requirements of this chapter; (2) the nature and extent of any previous violation by the industrial user of applicable federal, state, or local discharge requirements; and (3) the extent to which the industrial user is reasonably deemed liable for any existing damages to the SWTRF.

F. Combined Wastewater Formula. The following combined industrial wastewater formula shall be used by industrial users that mix regulated industrial wastewater with other regulated or unregulated industrial wastewater prior to pretreatment.

The alternative discharge limits shall be derived using the following formula:


CT = the alternative concentration limit for the combined wastestream.

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

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

FD = the average daily flow (at least a 30-day average) from boiler blowdown streams, noncontact cooling streams, sanitary wastestreams, and demineralizer backwash streams where such streams are not regulated by a categorical pretreatment standard.

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

N = the total number of regulated streams.

An alternative discharge limit may not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants. As a result, the combined industrial wastewater formula cannot be used, and industrial wastestreams must be segregated.

G. Duty to Reapply. An industrial user shall submit a new application with appropriate fees 180 days before the existing permit expires.

H. Duty to Comply. An industrial user must comply with all conditions of the permit. Any noncompliance with the permit constitutes a violation of this chapter and may be subject to enforcement as provided for in Chapter 13.25 STC. An industrial user shall comply with effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within the time period provided in the regulations that establish these standards or prohibitions.

I. Need to Halt or Reduce Activity Not a Defense. It shall not be a defense for an industrial user in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

J. Duty to Mitigate. An industrial user shall take all reasonable steps to minimize or prevent any discharge in violation of the permit which has a reasonable likelihood of adversely affecting human health or the environment.

K. Proper Operation and Maintenance. An industrial user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the industrial user to achieve compliance with the conditions of the permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. An industrial user shall operate backup or auxiliary facilities or similar systems as necessary to achieve compliance with the conditions of the permit.

L. Duty to Provide Information. An industrial user shall furnish to the town, within 30 days, any information which the town may request to determine whether cause exists for modifying, revoking, or reissuing the permit, or to determine compliance with the permit. An industrial user shall also furnish to the town, upon request, copies of records required to be kept by the permit.

M. Compliance Schedule. The town shall require the development of a compliance schedule by industrial users for the installation of technology required to meet applicable categorical pretreatment standards. The town shall revise the compliance schedule in the event the categorical pretreatment standards are revised to include new requirements applicable to an industrial user.

N. Signatory Requirement. All applications, reports, or information submitted to the director shall be signed and certified.

O. Removed Substances. Regulated industrial waste or other pollutants removed in the course of treatment or control of industrial wastewater shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering the SWTRF.

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

Q. Civil and Criminal Liability. Except as provided in permit conditions on by-pass and upset, nothing in the permit shall be construed to relieve an industrial user from civil or criminal penalties for noncompliance.

R. Permit Actions. The permit may be modified, suspended, or revoked for cause. The filing of a request by an industrial user for a permit modification, reissuance, or a notification of planned changes or anticipated noncompliance does not waive or suspend any permit condition.

S. Property Rights. The permit does not convey any property rights of any sort, or any exclusive privilege.

T. Comment Period. The permit holder has 33 days from the date of the mailing of the permit in which to make comment in writing to the town. [Ord. 2002-05; prior code § 16-4-13.]

13.20.140 Inspection and entry.

An industrial user shall allow the town to:

A. Enter upon the industrial user’s premises, at reasonable times, where a regulated facility or activity is located or conducted, or where records must be kept under conditions of the permit.

B. Have access to and copy, at reasonable times, any records that must be kept pursuant to the permit.

C. Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit.

D. Sample or monitor, at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by this chapter, any substances or industrial waste or industrial wastewater at any location. [Ord. 2002-05; prior code § 16-4-14.]

13.20.150 Monitoring and records.

A. Industrial users shall take such samples and measurements as are required by the permit for the purpose of monitoring permitted discharge.

B. Industrial users shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit, for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the town at any time.

C. Records of monitoring information shall include:

1. The date, exact place, and time of the sampling or measurements;

2. The individual(s) who performed the sampling or measurements;

3. The date(s) analyses were performed;

4. The individual(s) who performed the analyses;

5. The analytical techniques or methods used; and

6. The results of such analyses.

D. Monitoring results shall be reported at the intervals specified in the permit.

1. Monitoring results must be reported on a self-monitoring report form (SMRF), or a form approved by the town to the extent that the information reported may be entered on the form for the report period.

2. If an industrial user monitors any pollutant more frequently than required by the permit using test procedures approved under 40 C.F.R. Part 136, or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the SMRF.

3. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the town in the permit.

4. A significant industrial user shall submit to the town a periodic compliance report no less frequently than four times per year.

E. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of the permit shall be submitted no later than 14 days following each scheduled date.

F. Collection, preservation, and analysis of samples must be conducted according to test procedures approved under 40 C.F.R. Part 136, unless other test procedures have been specified in the permit.

G. All samples shall be analyzed by a laboratory licensed under ARS 36-495.01.

H. All reports and information submitted to the town shall be signed and certified.

I. Except for data determined to be confidential under 40 C.F.R. Part 2, all records prepared in accordance with the terms of the permit shall be available for public inspection at the administrative offices of the town, upon request to and approval by the town. Permit applications, permits, and effluent data shall not be considered confidential.

J. An industrial user designated a “significant industrial user” and having no reasonable potential for adversely affecting the SWTRF’s operation or for violating any pretreatment standard or requirement may petition the town for removal of that designation. [Ord. 2002-05; prior code § 16-4-15.]

13.20.160 Notification requirements.

A. In the event of any by-pass, upset, accidental discharge, spill, or slug load that may endanger health, the environment, or the SWTRF, an industrial user shall notify the town by telephone within 24 hours from the time the industrial user becomes aware of the circumstances in which any such event exceeds or violates any limitation in the permit or this chapter. The notification shall include location of the event, type of waste, concentration and volume, and proposed corrective actions.

B. Within five days following notification to the town, an industrial user shall submit to the town a detailed written report containing such information and describing the cause of the event and measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve an industrial user of any expense, loss, damage, fines, civil penalties, or other liability which may be incurred as a result of damage to the SWTRF or any other person or property; nor shall such notification relieve an industrial user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

C. An industrial user shall also repeat the sampling and analysis within 10 days of becoming aware of such violation and submit the results of the repeat sampling and analysis to the town within 30 days.

D. An industrial user shall report all instances of noncompliance at the time monitoring reports are submitted. The reports shall contain the information listed in subsections A and B of this section. [Ord. 2002-05; prior code § 16-4-16.]

13.20.170 By-pass.

A. By-Pass Not Exceeding Limitations. An industrial user may allow any by-pass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These by-passes are not subject to the provisions of subsections C and D of this section.

B. Notice.

1. Anticipated By-Pass. If an industrial user knows in advance of the need for a by-pass, it shall submit prior notice, at least 10 days before the date of the by-pass.

2. Unanticipated By-Pass. An industrial user shall submit notice of an unanticipated by-pass as required in STC 13.20.160.

C. Prohibition of By-Pass. By-pass is prohibited, and the director may take enforcement action against an industrial user for by-pass, unless all of the following conditions apply:

1. By-pass was unavoidable to prevent loss of life, personal injury, or severe property damage.

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

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

D. The director may approve an anticipated by-pass, after considering its adverse effects, if the director determines that it will meet the three conditions listed above in subsection C of this section. [Ord. 2002-05; prior code § 16-4-17.]

13.20.180 Upset.

An upset constitutes an affirmative defense to an action brought for permit noncompliance if an industrial user can demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:

A. An upset occurred and that the industrial user can identify the cause(s) of the upset;

B. The permitted facility was at the time being properly operated;

C. The industrial user submitted notice of the upset as required in STC 13.20.160; and

D. The industrial user complied with any remedial measures required under STC 13.20.130(J).

In any enforcement proceeding an industrial user seeking to establish the occurrence of an upset has the burden of proof. [Ord. 2002-05; prior code § 16-4-18.]

13.20.190 Reporting requirements.

A. An industrial user shall give notice to the town as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required in any of the following circumstances:

1. The alteration of or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source.

2. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of industrial wastewater into the SWTRF, any industrial user subject to categorical pretreatment standards and requirements shall submit to the town a report indicating the nature and concentration of all pollutants in the discharge from the regulated process.

The report shall state whether the applicable categorical pretreatment standards or requirements are being met and, if not, what additional operations and maintenance or pretreatment are necessary. This statement shall be reviewed by an authorized representative of an industrial user and certified to by a qualified professional as required by 40 C.F.R. 403.12(b)(6).

3. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharge of pollutants must be reported by submission of a new permit application. If such changes will not violate the discharge limits specified in the permit, an industrial user shall only be required to notify the town. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited or change existing limits or other requirements. Approval must be obtained prior to any new discharge. The town shall review any such notice and respond within 120 days of its submission.

B. An industrial user shall give advance written notice to the town of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

C. Permits are transferable only upon written notice to and written consent from the town. The town may require modification or reissuance of the permit to change the name of the industrial user and incorporate such other requirements as may be necessary under this chapter.

D. If the discharge is intermittent rather than continuous, then on the first day of each such intermittent discharge, the industrial user shall monitor and record data for all the characteristics listed in the monitoring requirements of the permit, after which the frequencies of analysis listed in the monitoring requirements of the permit shall apply for the duration of each such intermittent discharge. An industrial user shall be required to monitor and record data at twice the frequencies listed in the monitoring requirements of the permit. [Ord. 2002-05; prior code § 16-4-19.]