Sec. 28-44. General industrial user requirements.
All industrial users must:
A. Comply with the categorical pretreatment standards, pretreatment requirements, and all other requirements imposed by this chapter upon POTW users; upon the effective date of any Federal categorical pretreatment standards for a particular industrial subcategory, the Federal standard, if more stringent than the effluent limitations imposed under this chapter, will become the applicable compliance standard;
B. Comply with the orders of the Director designed to implement pretreatment standards and all other requirements imposed by this chapter;
C. Prior to the discharge of wastewater to the POTW by any user required to have a permit under this chapter, the user must file a written notice with the Director that identifies the:
1. Name and address of the existing or prospective user,
2. Business location(s) served or to be served by the POTW,
3. Nature, concentration, and amounts of any substance present at, or intended to be present at, such business location(s) that, if discharged to the POTW, could constitute an industrial discharge, and
4. Nature and concentration of all pollutants currently discharged to the POTW from such business location(s);
D. Carry out and maintain an accurate and complete record for no less than three years of all waste disposal, water usage, facility operations, production volumes, and self-inspection and self-monitoring activities necessary for the Director to determine whether the user has introduced any industrial discharge to the POTW;
E. Assist the Director to determine the exact nature, concentration, and volume of any pollutant intended for discharge to the POTW; therefore, upon request, any user will promptly:
1. Allow the examination and copying of all relevant records or documents available to the user,
2. Allow the inspection of all business locations served by the POTW, including all pretreatment equipment, methods, and activities utilized by the user at such locations,
3. Install and maintain, at the user’s expense, convenient and adequate monitoring and sampling point(s) required by the Director for monitoring and sampling purposes,
4. Allow the collection of samples from any wastewater discharged or intended for discharge to the POTW, and
5. Provide the Director with any other information, including but not limited to chemical analyses of wastewater, and architectural or engineering design data, drawings, plans, etc., required by the Director for the purpose of determining such user’s compliance with the requirements of this chapter;
F. Comply with the demand of the Director to immediately halt any actual or threatened discharge to the POTW when the Director has given notice that such actual or threatened discharge:
1. Presents or may present an imminent or substantial endangerment to the health or welfare of any person or to the environment, or
2. May cause interference or pass-through with POTW operations;
G. Immediately take action to address a violation of this chapter including halting or reducing operations or discharge, and provide immediate notice to the Director describing the:
1. Location of the discharge,
2. Known or estimated nature, concentration, and volume of the discharged pollutant(s),
3. Type of assistance desired from the City, and
4. Corrective action(s) undertaken, being undertaken, or to be undertaken by the user; any user causing such a discharge must also initiate all appropriate corrective action(s) required by the Director to:
a. Prevent injury to human health or safety, or to the environment, the POTW, and any other property,
b. Promptly repair the injury or damage caused by such discharge, and
c. Ensure that such a discharge does not occur again;
H. Pay all sewer fees charged by the City for wastewater collection and disposal services provided by the POTW pursuant to the requirements of this chapter; such service fees will apply equally to all POTW users and will be determined by each user’s proportionate share of the POTW operating and maintenance costs; in turn the proportionate share will be based on such factors as the strength, volume, and flow rate of wastewater discharged to the POTW by each user;
I. Reimburse the City for all extraordinary expenses reasonably incurred by the City ensuring such POTW user’s compliance with the applicable requirements of this chapter; an extraordinary expense is any cost not otherwise reimbursed from the normal collection of sewer fees; therefore, extraordinary expenses include, but are not limited to, the costs in:
1. Issuing permits,
2. Conducting inspection, surveillance, and monitoring activities,
3. Obtaining laboratory analyses of waste samples,
4. Taking enforcement actions against users not in compliance with the requirements of this chapter, and
5. Carrying out any measures needed for the protection of human health or safety, the environment, the POTW, or any other property in order to correct or mitigate any harm caused by the violation of any categorical standard or pretreatment requirement;
J. Be financially responsible for all injury, damage, or loss suffered by any person as a result of any industrial discharge, by such user, that violates any categorical standard, pretreatment requirement, or permit condition enforced pursuant to this chapter; in particular, such user is liable for the:
1. Personal injury suffered by any person as a result of such discharge,
2. Costs reasonably incurred by any person in correcting, or otherwise mitigating, any adverse environmental impact that resulted from such discharge, and
3. Economic loss and property damage suffered by any person as a result of such discharge;
K. Ensure that all applications, correspondence, reports, certifications, and self-monitoring reports are signed by a duly authorized representative of the person, company, or entity as set forth in Section 28-44.1; any change in signatures or positions must be submitted to the Director in writing within 30 days after the change. (Ord. No. G-2489, § 4; Ord. No. G-3384, § 1; Ord. No. G-3662, § 1; Ord. No. G-6740, § 1, 2020)