§ 98-152. Miscellaneous provisions.

(a)

Net/gross calculations. The authority may elect to adjust categorical pretreatment standards to reflect the presence of pollutants in the discharger's intake water, in accordance with 40 CFR part 403.15.

(b)

Preservation of records. All dischargers subject to this article shall retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence, documentation associated with best management practices and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the authority pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(c)

Costs of administering program. The authority may make such charges, known as monitoring and pretreatment charges, as are reasonable for services rendered in administering the programs outlined in this article. Such charges may include, but are not limited to:

(1)

Permitting industrial facilities;

(2)

Inspection;

(3)

Sample analysis;

(4)

Monitoring; and

(5)

Enforcement.

(d)

Right of revision. The authority reserves the right to amend this article to provide for more or less stringent limitations or requirements on discharges to the sanitary sewer or POTW where deemed necessary to comply with the objectives set forth in section 98-147 of this article.

(e)

Publication of list of significant violators. The authority shall annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the city a list of users that have significantly violated federal pretreatment requirements during the previous 12 months. Definition of significant violation shall be the definitions listed in 40 CFR part 403.8(f)(2)(viii), and in the POTW's TPDES permit. The director, or the director's designee, shall be responsible for calculating the users who have committed significant violations.

Significant industrial users are subject to the SNC criteria listed in subsections (1) through (8) of this subsection. Group II non-significant industrial users that have been issued a permit shall be subject to SNC criteria listed in subsections (3) through (8) of this subsection. Group VI non-significant categorical industrial users shall be subject to SNC criteria listed in subsections (3) through (8) of this subsection. All other industrial users are subject to the SNC criteria listed in subsections (3), (4) and (8) of this subsection.

Significant non-compliance shall mean:

(1)

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

(2)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits 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 of a pretreatment standard or requirement as defined by 40 CFR 403.3(I) (daily maximum, long-term average, instantaneous limit or a narrative standard) that the director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(4)

Any discharge of pollutants that have caused imminent endangerment to the public or to the environment, or have resulted in the director's exercise of his emergency authority to halt or prevent such a discharge;

(5)

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

(6)

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

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation(s) which may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. O-2012-001-11, § 1, 1-30-12)