§ 33-231. General industrial user requirements.

All industrial users shall:

(1)

Comply with the categorical 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 industry subcategory, the federal standard, if more stringent than the effluent limitations imposed under this chapter, shall immediately supersede those limitations.

(2)

Comply with the orders of the City designed to implement the categorical standards, pretreatment requirements and all other requirements imposed by this chapter.

(3)

Within ninety (90) days of the adoption of this chapter, and prior to the discharge of wastewater to the POTW by any new user thereafter, file a written notice with the City which identifies:

a.

Name and address of the existing or prospective users;

b.

Business location(s) served or to be served by the POTW;

c.

Nature, concentration, and amounts of any substance present at, or intended to be present at such business location(s) which, if discharged to the POTW, could constitute an industrial discharge; and

d.

Nature and concentration of all pollutants currently discharged to the POTW from such business location(s).

(4)

Carry out and maintain an adequate record of all self-inspection and self-monitoring activities necessary for the user to know at all times whether or not such user is introducing any industrial discharge to the POTW.

(5)

Assist the City to determine the exact nature, concentration, and volume of any hazardous substance, pollutant, or contaminant intended for discharge to the POTW. Therefore, upon request, any user or industrial user shall promptly:

a.

Allow the examination and copying of all relevant records or documents available to the user;

b.

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;

c.

Install and maintain, at the user's expense, convenient and adequate monitoring and/or sampling point(s) needed by the City for monitoring and/or sampling purposes;

d.

Allow the taking and removal of samples from any wastewater discharged or intended for discharge, to the POTW; and

e.

Provide the City with any other information, including, but not limited to, chemical analyses of wastewater and architectural or engineering design data, drawings, etc., which are reasonably needed by the City for the purpose of determining such user's compliance with the requirements of this division.

(6)

Not cause an industrial discharge without having first obtained, or applied for, a permit pursuant to the requirements of this chapter;

(7)

Comply with any demand by the City to immediately halt any actual or threatened discharge to the POTW when the City has given notice that such actual or threatened discharge:

a.

Presents or may present an imminent or substantial endangerment to the health or welfare of any person or to the environment; or

b.

Will cause interference with or pass through the POTW operations.

(8)

Immediately give notice to the City of any discharge, including an accidental discharge, which is in violation of any categorical standard, pretreatment requirement, or permit condition imposed by this chapter. Such notice shall also describe:

a.

The location of the discharge;

b.

The known or estimated nature, concentration and volume of the discharged pollutant(s);

c.

The type of assistance desired from the City; and

d.

Any corrective action(s) undertaken, being undertaken, and/or to be undertaken by the user.

(9)

Initiate all appropriate correction action(s) required by the City which are needed to:

a.

Prevent any further injury to human health or safety, or to the environment, the POTW, and/or any other property;

b.

Promptly repair all or part of any injury or damage caused by such discharge; and

c.

Ensure that such a discharge does not occur again.

(10)

Pay all sewer fees charged by the City for the wastewater collection and disposal services provided by the POTW pursuant to the requirements of this division. 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. 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.

(11)

Reimburse the City for all extraordinary expenses incurred by the City in insuring such POTW user's compliance with the applicable requirements of this division. 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:

a.

Issuing permits;

b.

Conducting inspection, surveillance and monitoring activities;

c.

Obtaining laboratory analyses of waste samples;

d.

Taking enforcement actions against users not in compliance with the requirements of this division; and

e.

Carrying out any measure 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.

(12)

Be financially responsible for all injury, damage, and/or loss suffered by any person as a result of any industrial discharge, by such user, which violates any categorical standard, pretreatment requirement, or permit condition enforced pursuant to this chapter. In particular, such user shall be liable for the:

a.

Personal injury suffered by any person as a result of such discharge;

b.

Costs reasonably incurred by any person in correcting, or otherwise mitigating, any adverse environmental impact which resulted from such discharge; and

c.

Economic loss and property damage suffered by any person as a result of such discharge.

(13)

Fully comply with this division. If the results of the user's self-monitoring wastewater analysis indicate a violation has occurred, the user must:

a.

Inform the City of the violation within twenty-four (24) hours of becoming aware of the violation; and

b.

Repeat the wastewater sampling and pollutant analysis and submit in writing the results of the repeat analysis within thirty (30) days after becoming aware of the violation, unless the City requires it sooner.

(14)

Sign all permit applications using the appropriate signatory:

a.

For a corporation: By a corporate officer or other persons performing a similar policy or decision-making function for the corporation;

b.

For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or

c.

For a government entity: By the appointed or elected official, chairman, or principal executive responsible for operations at the facility.

(15)

Insure that all applications, correspondence, reports, and self-monitoring reports are signed by a duly authorized representative of the person described in subsection (14) of this Section. Any change in signatures or positions shall be submitted to the pretreatment officer in writing within thirty (30) days after the change.

A person is a duly authorized representative only if:

a.

The authorization is made in writing by a person described in subsection (14) of this Section; and

b.

The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position).

(16)

Certification. Any person signing a document under this Article shall make the following certification:

"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."

(Ord. No. 3003, § 1(Exh. A), 9-27-16)