6.11 WASTEWATER DISCHARGE.
(A) PURPOSE
This ordinance sets forth uniform requirements for direct and indirect contributors of wastewater discharged into the City of La Crosse Wastewater collection and treatment system owned and operated by the City and enables the City to comply with applicable Local, State, Federal laws and General Pretreatment Regulations (40 CFR, Part 403). The objectives of this ordinance are:
(1) To prevent the introduction of deleterious materials into the wastewater collection system which will interfere with the operation of the sewage collection and treatment system.
(2) To prevent the introduction of excessive quantities of pollutants into the wastewater treatment system which do not receive adequate treatment through treatment processes and which will pass partially treated or untreated into the Mississippi River or diffuse into the atmosphere.
(3) To prevent the contamination of municipal wastewater sludge and to improve the opportunity to beneficially recycle the sludge in conformity with applicable agricultural landspreading regulations.
(4) To prevent the introduction of pollutants or materials into the sewer system that are damaging or potentially damaging to the wastewater collection or treatment system, or threaten the health or safety of wastewater workers.
(5) To prevent the introduction of pollutants or materials into the City's wastewater system which will cause the treatment plant to violate its WPDES discharge permit or be otherwise incompatible with the system.
This ordinance provides for the regulation of wastewater discharged into the City sewer system through the issuance of permits to certain users of the system and through enforcement activities consistent with the provisions of this ordinance and applicable State and Federal law. In addition, this ordinance provides for the establishment of fees for the equitable distribution of expenses resulting from the regulatory program established herein.
The provisions of this ordinance shall be applicable within the corporate limits of the City of La Crosse and to other governmental entities and users outside the corporate limits of the City of La Crosse who discharge wastewater into the City's collection or treatment system or are bound, by contract, agreement or permit, as users of the La Crosse wastewater treatment system. Except as otherwise provided herein, the Board of Public Works of the City of La Crosse shall administer, implement, and enforce the provisions of this ordinance.
(B) DEFINITIONS
(1) Act. See "Clean Water Act".
(2) Biological Sludge. A liquid or semi-liquid microbial mass produced by the reproduction of individual microorganisms under favorable homeostatic conditions.
(3) Board or Board of Public Works. A board of the City established under La Crosse Municipal Ordinance 2.08.
(4) Biochemical Oxygen Demand (BOD). An analytic measurement performed in a controlled environment of the quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20 degrees Celsius, expressed in milligrams per liter. Quantitative measurements of BOD shall be performed in accordance with 40 CFR Part 136.
(5) Bypass. The intentional diversion of wastestreams from any portion of an Industrial User's treatment facility.
(6) CFR. Code of Federal Regulations of the United States.
(7) Chemical Oxygen Demand (COD). An analytic measurement performed in a controlled environment by which the organic matter content of a sample is determined through the use of a strong chemical oxidant. Quantitative measurements of COD are performed in accordance with 40 CFR Part 136.
(8) Clean Water Act or Act. The Federal Water Pollution Control Act as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. 1251, et. seq., pursuant to which the U.S. EPA establishes guidelines, limitations, and standards.
(9) Direct Contact Cooling. Any process used for the purpose of heat dissipation whereby water is brought into direct or intimate contact with any industrial, manufacturing, trade, or business product.
(10) Discharge Rate, Average Daily. The total volumetric discharge, in gallons, occurring within a 24 hour period which is representative of the majority of operational days in which a wastewater discharge occurs.
(11) Discharge Rate, Maximum Daily. The total volumetric discharge, in gallons, occurring within a 24 hour period which is representative of the maximum volume of wastewater discharged under other than average circumstances.
(12) Effluent. Any liquid waste, semi-liquid waste, or solid waste suspended in water, and discharged by a user.
(13) Emergency Situation. Any situation that presents an immediate hazard or threat to human life or health, the environment, or the integrity of the wastewater treatment system, including biological treatment processes.
(14) EPA. The United States Environmental Protection Agency.
(15) Explosive Discharges. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21.
(16) Fat, Wax, Oil, and Grease (FOG). Substances with similar physical characteristics which are determined quantitatively on the basis of the common solubility in trichlorotrifluoroethane or other analytic method as may be approved by the Wisconsin Department of Natural Resources or Environmental Protection Agency such as, but not limited to, the Hexane Extractable Materials (HEM) method. (Am. Ord. #3798 - 7/9/98) Quantitative determinations of fat, wax, oil, and grease are performed in accordance with the procedures set forth in 40 CFR Part 136.
(17) Flow Proportional Composite Sample. A composite sample consisting of a series of discrete sample aliquots of a wastestream, taken at the same sampling point at intervals in time over the course of a 24-hour period, with the volume of each discrete aliquot proportional to the volume of the wastestream passing the sampling point at each sampling interval.
(18) Garbage. Solid or semi-solid waste materials resulting from the preparation, cooking, or dispensing of food, or from the handling, storage and sale of food products or produce.
(19) Grab Sample. A single sample collected at a particular place and time and representative of the wastestream at that time and place only.
(20) Grease, Oil, or Sand Interceptor or Trap. A basin, pit, sump, or other device so designed as to intercept and collect grease, sand, or oil, and prevent their entry into the wastewater collection system.
(21) Hydraulic Load. A measurement of the volume of water-related loading imposed on the physical structures of the wastewater collection or treatment system.
(22) Indirect Discharge or Discharge. The introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c), or (d) of the Act.
(23) Industrial User (IU) or User. Any person who introduces pollutants into a POTW from any non-domestic source regulated under the Act, state law or local ordinance.
(24) Inert Sludge. A sludge or material consisting primarily of detritus such as sand, gravel, grit, spent grains, garbage and similar materials.
(25) Interference. A discharge which alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) therefore is a cause of a violation of any requirement of the POTW's NPDES permit as further defined in 40 CFR PART 403.3 (i). A discharger or user significantly contributes to such a City permit violation if such discharger either:
(a) Discharges a daily pollutant loading in excess of that allowed by the discharger's City-issued permit, this ordinance, or state or federal law.
(b) Discharges wastewater which substantially differs in nature or constituents from the discharger's average discharge.
(c) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in the City violating its WPDES permit or prevent sewage sludge use or disposal in accordance with normal practice, including normal application rates on agricultural land.
(26) Mass Discharge Quantity. The mass of material discharged, on a dry weight basis, into the wastewater system during a given time period. Unless otherwise specified, the mass discharge quantity shall be expressed as pounds per day of a particular constituent or combination of constituents.
(27) May. Indicates a discretionary or judgmental condition.
(28) Milligram per Liter (MG/L). A mass to volume ratio denoting the weight (mg) of a constituent or pollutant contained in a given volume (1 liter) of sample.
(29) National Pretreatment Standard, Pretreatment Standard, or Standard. Any regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317), which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR PART 403.5 or any revision thereto.
(30) New User. Any person not currently inventoried as a source of discharge into the wastewater treatment system, or any person proposing to discharge a non-domestic waste which had not been previously inventoried as a source of discharge.
(31) Non-Domestic Wastewater. Any wastewater containing a greater concentration of, or a greater number of pollutants, than would be found in wastewater discharged from a typical domestic residence.
(32) NPDES Permit or National Pollutant Discharge Elimination System Permit. A permit setting forth conditions for the discharge of any pollutant or combination of pollutants into the navigable waters of the United States pursuant to section 307(b) and (c) of the Act or pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342).
(33) Pass-Through. A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's, NPDES or WPDES permit (including an increase in the magnitude or duration of a violation). A discharger significantly contributes to such permit violation when it:
(a) discharges a daily pollutant loading in excess of that allowed by a City issued discharge permit, this ordinance, or any state or federal regulation.
(b) discharges wastewater which substantially differs in nature and constituents from the discharger's average discharge.
(c) knows or has reason to know that its discharge, alone or in conjunction with the discharges from other dischargers, would result in a permit violation.
(d) knows or has reason to know that the City is, for any reason, violating the final effluent limitations of the City's permit, and that the discharger's discharge, either alone or in conjunction with other discharges, increases the magnitude or duration of the City's violation.
(34) Person. Any municipality, governmental subdivision, public or private corporation, individual, partnership, firm, company, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legalrepresentatives, agents or assigns or other entity. The masculine gender shall include the feminine, the singular shall include the plural where indicated by context.
(35) pH. A measurement used to define the magnitude of the acidity or alkalinity of a solution expressed in standard units. Technically, the pH value expressed numerically is the logarithm of the reciprocal of the hydrogen ion concentration.
(36) Pollutant. Any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial and agricultural waste or any other contaminant.
(37) POTW Pretreatment Program. A program administered by a POTW that meets the criteria established in 40 CFR 403.3 and 40 CFR 403.9 and which has been approved by a Regional Administrator or State Director in accordance with 40 CFR 403.11.
(38) Premises. A parcel of real estate including any improvements thereon which is determined by the Board to be a user of the La Crosse wastewater treatment system.
(39) Pretreatment. The process of equalizing or reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutants in effluent to a less harmful state by physical, chemical or biological processes prior to, or in lieu of, discharging the effluent into the wastewater treatment system.
(40) Process Wastewater. Any effluent resulting from any industrial, trade, manufacturing, business, or direct contact cooling process or from any development, recovery or processing of natural resources.
(41) Publicly Owned Treatment Works (POTW). A treatment works as defined by section 212 of the Act, which is owned by a State or Municipality (as defined by section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
(42) Qualified Professional. A person with sufficient technical knowledge of the user's permit requirements, facilities, and discharge characteristics to determine and confirm whether or not the user's discharge is consistently compliant, and if not, what additional measures must be taken to achieve compliance.
(43) Radioactive Waste. Elements or isotopes, whether free or combined, which are a source of particles and/or rays resulting from the disintegration of atomic nuclei caused by fission, fusion, particle acceleration, or related artificial sources or processes.
(44) Shall. Indicates a mandatory or non-judgmental condition.
(45) Signatory Requirements. Requirements that all reports be signed by the following:
(a) by a responsible corporate officer if the user is a corporation. A responsible corporate officer means (1) a president, secretary, treasurer, or vice-president of the corporation or (2) a manager of one or more manufacturing, production, or operation facilities employing more than 250 persons, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) by a general partner or proprietor if the user is a partnership or sole proprietorship, respectively.
(c) by a duly authorized representative of the individual designated in paragraphs (a) or (b) above if:
1. the authorization is made in writing by the individual described in paragraph (a) or (b) above;
2. the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, or having overall responsibility for environmental matters for the user; and
3. the authorization is submitted to the POTW prior to or concurrent with required reports.
(46) Significant Industrial User (SIU). All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Control Authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6).
(47) Significant Non-Compliance (SNC). Significant Non-Compliance is a violation that meets any of the following criteria:
(a) Violations of wastewater discharge limits.
1. Chronic violations - Sixty-six percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of exceedance).
2. Technical Review Criteria (TRC) violations - Thirty-three percent or more of the measurements exceed the same daily maximum limit by more than the TRC, or thirty-three percent of the monthly (or weekly, etc.) average measurements exceed the monthly (weekly, etc) average limit by more than the TRC in a six-month period. There are three levels of TRC:
a. Group I for conventional pollutants (BOD, TSS, fats, oil, & grease). TRC =1.4
b. Group II for all other pollutants. TRC = 1.2
c. pH. Any exceedance of upper or lower limits by 0.4 standard units or more.
3. Any other violation(s) of effluent limit (average or daily maximum) that the Director of Public Works believes has caused, alone or in combination with other discharges, interference or pass-through or endangered the health of the sewage treatment personnel or the public.
4. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
(b) Violations of compliance schedule milestones contained in a City industrial user discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance by 90 days or more after the schedule date.
(c) Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 30 days from the due date.
(d) Failure to accurately report noncompliance.
(e) Any other violation or group of violations that the Board considers to be significant.
(48) Slug Load or Discharge. Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.
(49) Standard Industrial Classification (SIC). A classification code issued by the Executive Office of the President, Office of Management and Budget, for use in the classification of establishments by types of business and the primary and economic activities engaged in.
(50) Superintendent or Wastewater Utility Superintendent. An appointee of the Director of Public Works or Board whose responsibility shall be the operation and maintenance of the wastewater and storm water collection systems, and the wastewater treatment system.
(51) Time Proportional Composite Sample. A composite sample consisting of a series of discrete sample aliquots of a wastestream, taken at the same sampling point at intervals in time over the course of a 24 hour period, with the volume of each discrete aliquot being equal in volume and collected equidistant in time.
(52) Total Suspended Solids (TSS). Solid or particulate matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that are removable by laboratory filtration as defined under the standards set forth in 40 CFR Part 136.
(53) Toxic, Toxics or Toxic Pollutants. A substance or combination of substances defined as toxic in regulations promulgated by the Administrator of the United States Environmental Protection Agency under the provisions of section 307(a) of the Federal Water Pollution Control Act, or other federal statutes and section 147.07 of the Wisconsin Statutes and amendments thereto.
(54) Upset. An exceptional discharge incident in which a user unintentionally and temporarily is in a state of noncompliance, and the noncompliance is not caused by inadequate treatment facilities, lack of proper preventative maintenance, or careless or improper operation.
(55) Waste. Any and all liquid, solid, gaseous, or radioactive, substances resulting from human habitation, or from any production, manufacturing, or processing operation.
(56) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated.
(57) Wastewater Constituents or Wastewater Characteristics. Qualities of wastewater that may include, but are not limited to, chemical, physical, bacteriological, and radiological parameters, including volume and flow rate, and other applicable characteristics that serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater.
(58) Wastewater Treatment System. Any and all of the collector sewers, interceptor sewers, pumping stations, forced mains, and all related structures, and all of the treatment works owned and operated by the City of La Crosse for the collection, transportation, and treatment of wastewater and effluent.
(59) WPDES Permit. Wisconsin Pollutant Discharge Elimination System permit which sets forth conditions for the discharge of any pollutant or combination of pollutants to the waters of the state pursuant to Wisconsin Statutes Chapter 147.
(C) STANDARDS.
(1) General Prohibited Discharge Standards. Any wastewater or waste deemed by the Board to be unduly harmful to the wastewater treatment system, environment, or public health and welfare shall be deemed a prohibited discharge. The following standards shall regulate prohibited discharges.
No person shall discharge or deposit or allow to be discharged or deposited into the wastewater treatment system any wastewater which contains any of the following:
(a) Liquids, solids, or gases which by reason of their nature or quantity may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious to the wastewater treatment system or personnel engaged in the operation, monitoring, maintenance, or repair of the same. At no time shall wastewater be introduced which has a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using test methods specified in 40 CFR 261.21.
(b) Solid or viscous wastes, or wastes that may become solid or viscous in the sewer, and may interfere with the natural flow in a sewer or make excessive sewer cleaning necessary, or may otherwise interfere with the proper operation of the wastewater treatment system.
(c) Garbage that has not been ground or reduced in size to such a degree that all particles are less than one-half inch (1/2") in any dimension, and will be carried freely in suspension under flow conditions normally prevailing in a public sewer.
(d) Noxious or malodorous liquids, solids, or gases which either singly, or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are or may be sufficient to prevent safe entry into the wastewater treatment system for the purpose of monitoring, maintenance, or repair.
(e) Waste which may cause corrosion or deterioration of the wastewater treatment system. All wastes discharged into the wastewater treatment system shall have a pH value in the range of six (6) to nine (9) standard units at the point of introduction into the wastewater treatment system. Prohibited materials include, but are not limited to, liquids, solids, and gases which will react with wastewater to form acidic or alkaline products outside the allowable pH range.
(f) Wastewater or materials containing fat, wax, oil, or grease in a combined concentration exceeding 100 mg/l, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 0 and 65 degrees Celsius (32 and 150 degrees Fahrenheit) at the point of introduction into the wastewater treatment system.
(g) Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate regulatory authority and which may cause damage or hazard to the wastewater treatment system or personnel engaged in the operation, maintenance, or monitoring of the same.
(h) Substances not removable by the wastewater treatment process which will cause discoloration, opacity, or foaming of the wastewater treatment plant effluent or residues.
(i) Heated wastewater in amounts which will cause or is likely to cause deterioration or hazard to the wastewater treatment system, or personnel engaged in the operating, monitoring, maintenance, or repair of the same. In no case shall wastewater with a temperature exceeding 40 degrees Celsius (104 degrees Fahrenheit) be introduced into the wastewater treatment system.
(j) Unpolluted water including, but not limited to, non-contact cooling water, rain water, river water, or groundwater which will increase the hydraulic loading on the wastewater treatment system, except in cases where no prudent and reasonable alternative exists as determined by the Board.
(k) Slug load causing interference with the wastewater treatment system, pass through, or result in the accumulation or production of inert or biological sludges in excess of normal operating removal capability, or adversely affect the treatment residues, sludges, or scum.
(l) Wastewater discharges, except as authorized by the Board, in mass discharge quantities or concentrations exceeding the following:
Pollutant Parameter Limitation
Biochemical Oxygen Demand (BOD) 300 mg/l or 300 lbs/day
Chemical Oxygen Demand (COD) 500 mg/l or 500 lbs/day
Total Suspended Solids (TSS) 300 mg/l or 300 lbs/day
Fats, Waxes, Oil, and Grease (FOG) 100 mg/l
(m) Wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other substances, to cause interference with or harm to any wastewater treatment process, or to constitute a hazard to humans or animals, or to exceed the limitations set forth in Section 6.11(C)(3) of this ordinance.
(n) Liquids, solids, or gases which may cause the wastewater treatment plant effluent or treatment residues, sludges, or scum to be unsuitable for reclamation or disposal or may interfere with the reclamation or disposal process or processes ordinarily employed, including causing a reduction in the allowable land application rate or allowable land application site life by more than ten percent (10%).
(o) Liquids, solids, or gases which are likely to cause the wastewater treatment plant to violate WPDES Standards and/or other applicable permits or regulations.
(p) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
(q) Process wastewater containing pollutants exceeding the following concentrations as established on a continuous twenty-four (24) hour flow proportional basis or lesser period if process wastewater is discharged for less than twenty-four (24) hours in an average day of operation:
Pollutant Concentration Limit (mg/l)
Arsenic 0.45
Cadmium 0.69
Chromium 2.77
Copper 2.07
Cyanide 0.66
Lead 0.60
Mercury 0.0002
Nickel 1.91
Zinc 2.61
(r) Wastewater containing mass discharge quantities of a contaminant in excess of a permit limit. Such limit shall apply to normal production days and may be a daily maximum limit, an average limit (weekly, monthly, etc.) or both. Such mass based permit limits will be used only for a user discharging more than five percent (5%) of the total quantity of that contaminant entering the City wastewater treatment system, based on data for the most recent 12 months. Such a mass based limit may be a more restrictive limit than the concentration based limits given in Section 6.11(c)(1) or provided by federal categorical limits.
(2) Variance. Upon request of a user, the Board may approve a variance of the limits set forth in Section 6.11(c)(1) herein, if the user demonstrates that a thorough examination of available waste treatment technologies has been undertaken and that the cost of achieving compliance with a standard or standards is prohibitive within the context of the mass amount of pollutants to be removed. In addition, a variance shall only be allowed after the Board has established that such variance will not adversely impact wastewater treatment operations, sludge disposal, or result in a discharge in excess of the limits established for the City in its WPDES permit. Furthermore, if the user is subject to federal categorical limits, the variance granted shall be no less stringent than the limit or
(3) Other Federal, State, or Local Limits. In addition to the general prohibited discharge standards established in Section 6.11(C)(1) of this ordinance, no person shall discharge or cause to be discharged or deposited any wastewaters or effluent which do not conform to the pretreatment standards established by the United States Environmental Protection Agency or the Wisconsin Department of Natural Resources. Pretreatment limits shall minimally include applicable national categorical pretreatment standards for new and existing sources set out in 40 CFR, Subchapter N, Parts 401 through 471 inclusive. No wastewater, or effluent including domestic, commercial and industrial waste, shall contain any substance which is in violation of any state, federal, or local pretreatment or other discharge standards.
(a) Compliance with Categorical Pretreatment Standards - all users (existing sources or new sources) who are subject to categorical standards shall meet the compliance deadlines as outlined in federal or state regulations.
(b) Concentration and Mass Limits for Categorical Users - the control authority may, for ease of operation, convert mass limits to concentration limits. The applicable federal or state regulations will apply.
(4) Pretreatment Removal Credits. The Board may adjust pretreatment requirements for sources discharging toxic pollutants into the treatment system in order to reflect the removal of such toxic pollutants through the wastewater treatment works processes, as authorized by section 307(b)(1) of the Act. The regulatory approval required to issue removal credits is subject to a number of conditions as follows:
(a) There must be demonstrated and documented consistent removal of a toxic pollutant or pollutants through a treatment process or processes.
(b) The effluent discharged from the publicly owned treatment works must not be in excess of the limitations or standards which would be applicable to the toxic pollutant or pollutants if said pollutants were directly discharged to a waterway without receiving treatment by a publicly owned treatment works.
(c) The removal of a toxic pollutant or pollutants by the publicly owned treatment works must not cause the treatment works to violate sludge use or disposal requirements established under Section 405 of the Clean Water Act.
(d) The publicly owned treatment works must have an approved pretreatment program.
(e) The granting of removal credits will not cause a violation of the City's WPDES permit limitations or conditions. At the discretion of the Board, the City may seek authorization to grant removal credits to those users subject to categorical standards.
(D) DISCHARGE PERMIT SYSTEM
(1) All Significant Industrial Users Shall Complete a City Discharge Permit Application if requested to do so by the Board.
(a) The Superintendent or his/her authorized agent may send a permit application and/or survey form to each significant industrial user. Existing significant industrial users not currently issued a permit may be periodically required to fill out a new permit application or survey form to allow the City to evaluate whether a permit should be required.
(b) The user shall complete and return the Discharge Permit application or survey form within forty-five (45) days from receipt of same. A user may be required to complete a permit application after completing a survey form. The purpose of the survey form is to gather basic information so the Board can determine if more information or a permit is required. The user shall submit any of the following information, or other applicable information as requested by the Board.
1. Name, address, location, and SIC number of the user.
2. User's Average and peak wastewater flow rates including daily, monthly, and seasonal variations, if any.
3. Time(s) of day at which user's discharge occurs and duration of discharge.
4. A description of the user's wastewater characteristics, and concentration of regulated pollutants discharged from each process. In addition, the pretreatment standards which may be applicable to any and all regulated processes shall be identified. Analytic procedures shall be in conformity with EPA endorsed procedures contained in 40 CFR Part 136 or equivalent methods approved by the EPA.
5. Site plans, floor plans, mechanical and plumbing plans and details shall be provided in a schematic diagram to show all sewers and appurtenances by size, location, and elevation.
6. Description of activities, facilities, and plant processes on the premises including all materials used and those materials which are, or could be, discharged to the sewer system. The description shall include, but not be limited to, raw materials, intermediate materials, catalysts, products and by-products of the plant processes. In addition, solvents, chemical cleaners, and other cleaning agents that may be introduced into the treatment system through use, spill, or mishap shall also be included.
7. Each product produced or manufactured by type, amount and rate of production.
8. Number of employees, number of shifts worked, beginning and ending time of each shift, and number of employees per shift.
9. Other information as may be necessary to evaluate the permit application.
10. All permit applications shall be signed by a person who meets the applicable signatory requirements defined in 6.11 (B)(45).
(c) The Board or its authorized representative shall review the completed survey form or permit application and shall require the user to obtain a City Discharge Permit if any one of the following conditions prevail:
1. The user is, or will be, subject to federal categorical discharge standards.
2. The user has caused, or has the potential to cause, upsets to the wastewater treatment system by discharging one or more pollutants near or in excess of the limitations established in Section 6.11(C)(1) of this ordinance.
3. The user has caused, or has the potential to cause, wastewater discharges which may interfere with or pass through the wastewater treatment plant by discharging one or more pollutants near or in excess of the limitations established in Section 6.11(C)(1) of this ordinance.
4. The user has caused, or has the potential to cause, wastewater discharges which have or may adversely affect sewage sludge quality or wastewater treatment plant effluent quality.
5. The user has discharged, or has the potential to discharge, wastewater containing sand, grease, or other contaminants that may adversely affect the wastewater treatment system.
(d) The Board or its authorized agent, shall, within ninety (90) days after receipt of all necessary permit application information, notify the user of one of the following:
1. A City discharge permit shall be issued to the user and become effective with five (5) days of the date of issuance.
2. A City discharge permit shall be denied to the user for the reason(s) specified by the Board.
3. A City discharge permit shall not be required of the user unless a change in wastewater quantity or quality occurs, or a change in the City's criteria for requiring permits occurs.
(2) Permit Conditions.
City discharge permits shall be expressly subject to all provisions of this ordinance, enforcement response guidelines, and all other regulations and fees established by the Board.
The conditions of the City discharge permits shall be uniformly enforced in accordance with this ordinance, enforcement response guidelines, and applicable state and federal regulations.
Permits may include all or some of the following:
(a) The average and maximum wastewater pollutant mass and/or concentration and wastestream flow rate.
(b) Limits on rate and time of discharge or requirements for flow regulation and equalization.
(c) Requirements for providing sampling facilities suitable for inspection, flow measurement, and sampling of the process wastewater discharge.
(d) Specifications for monitoring programs.
(e) Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharge.
(f) Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.
(g) Compliance schedules.
(h) Requirements for the prompt reporting of changed or new discharges.
(i) Other conditions to ensure compliance with this ordinance.
(j) Where pretreatment and/or implementation of additional operation and maintenance activities will be required to comply with the permit conditions, the user shall provide a declaration of the shortest schedule by which the user will provide such pretreatment and/or implementation of additional operation and maintenance activities. Such schedule shall be subject to approval by the Board.
(3) Permit Duration
1. The schedule shall contain the milestone dates for the commencement and completion of major events leading to the construction and operation of pretreatment facilities required for the user to comply with its permit.
2.Under no circumstances shall the Board permit a time increment between major steps greater than nine (9) months.
3. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the Board, including a statement as to whether or not it completed the increment of progress represented by that milestone date, and if not, the date on which it expects to complete this increment of progress, the reason for the delay and the steps being taken by the user to return the construction to the approved schedule. In no case shall more than nine (9) months elapse between such progress reports to the Board.
4. All schedules and progress reports submitted to the Board shall be signed by a person who meets the applicable signatory requirements professional conditions as defined in 6.11 (B)(45).
(a) Permits shall be issued for a specified period of time not to exceed five (5) years. A permit may be issued for a period of less than five (5) years, or stated to expire on any specified date. The terms and conditions of the permit shall be subject to change during the term of the permit, at the sole discretion of the City. The user shall be informed of any proposed changes in its permit at least thirty (30) days prior to the effective date of the change. Any changes or new conditions shall include a time schedule for compliance.
(b) The user shall not discharge after the date of permit expiration. The permit may be re-issued by the Board prior to the expiration date whenever feasible. The re-issued permit may contain new or modified conditions, and will be subject to a new permit fee upon each renewal.
(4) Permit Modification.
An industrial user issued a City discharge permit shall apply for permit modifications if any of the following conditions prevail:
(a) Enactment of additional standards applicable to said user.
(b) An increase in wastewater discharge volume of (plus or minus) 20% or more or a change in wastewater character. The user shall, within forty-five (45) days after notification by the Board, provide information and data in a form as prescribed by the Board, and within forty-five (45) days of billing pay any additional fees, if applicable.
(5) Permit Transfer.
City Discharge Permits are issued to a specific user for specific processes or operation. A City Discharge Permit shall not be reassigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation or process without the approval of the Board.
(6) Permit Revocation.
Any user who violates the conditions of its permit or of this ordinance, or of applicable state and federal regulations, is subject to permit revocation. The Board may also seek to revoke the permit of any user which fails to factually report the constituents or characteristics of its discharge; report significant changes in constituents, characteristics, or volume; refuses reasonable access to premises or property; or misrepresents its wastewater samples as representative of daily discharge.
(7) Permit Fees.
Permit fees shall be established by the Board to provide revenues for the cost of operating and administering the POTW Pretreatment Program, including the cost of equipment, supplies, labor, supervision, and other incidental expenses.
The permit fees do not provide for the recovery of operation, maintenance, repair, or replacement costs of the wastewater collection and treatment system. Permit fees shall periodically be evaluated and amended as necessary to reflect current costs of program operation. Fee adjustments will be made not more than once a year, except for a user whose discharge rate or characteristics change significantly. In addition to permit fees, each user holding a permit will be required to pay for the analysis of samples collected by the City for compliance monitoring. Permittees are also responsible for any costs incurred to comply with provisions of their permit, including self-monitoring expenses.
(a) The base permit fee shall be determined by a schedule established by the Board based on the flow, the number of contaminants or parameters of concern, and the mass of contaminants discharged relative to tabulated amounts.
(b) Permit fees will be subject to a 50% surcharge for users located outside the City of La Crosse corporate boundaries except the La Crosse County Landfill which surcharge shall be 25%. (Am. Ord. #3383 - 8/13/92)
(c) Permits may include provisions for additional charges for discharge of treatable contaminants or flow above a specified level. Such surcharges shall reflect the City's estimated costs of handling and treating such wastes.
(d) Trucked wastewater from a permitted user located outside the City of La Crosse corporate limits shall be subject to a 25% surcharge on the normal fees for disposing of trucked wastewater.
(e) Permit fees, disposal fees for trucked wastewater, and fees for excess discharge of treatable wastes shall be paid within forty-five (45) days of the billing date.
(E) DISCHARGE REPORTS.
(1) Wastewater Self- Monitoring and Reporting.
Every user issued a City Discharge Permit shall submit periodic self-monitoring reports at least once every six (6) months, as designated in their permit. The Board may require any other users discharging into the wastewater treatment system to file such periodic self-monitoring reports depending upon the volume and character of discharge. The self-monitoring report contents shall be specified by the Board and may include the following items:
(a) Nature of the user's industrial process.
(b) Volume and rates of total wastewater flow and process wastewater flow.
(e) Concentration and daily quantity of controlled pollutants or other information which relates to the generation of wastewater. Such reports may also include the chemical constituents and quantity of liquid materials stored on site even though they are not normally discharged. All reported concentrations shall be determined by analysis by a laboratory certified by the State of Wisconsin using procedures in accordance with 40 CFR Part 136, except where such methods are not applicable and an alternate analytical method is approved in writing by the City.
All self-monitoring reports shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, and data which is representative of conditions occurring during the reporting period. If the user monitors any pollutants more frequently than required by the user's discharge permit, using procedures prescribed in 40 CFR Part 136, the results of this monitoring shall be included in the report.
All reports shall be signed by a person who meets the applicable signatory requirements as defined in 6.11 (B)(45).
The Board shall be provided with the written authorization.
(2) Records and Monitoring
(a) All users issued a City Discharge Permit shall maintain such records of production and related factors, effluent flows and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this ordinance, their permit, and any applicable state or federal pretreatment standards or requirements for at least seven (7) years.
(b) The owner or operator of any premises or facility discharging wastewater subject to the provisions of a City Discharge Permit shall provide at his own expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastewater. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.
(c) All records relating to wastewater discharges shall be available upon request by the Board, the U.S. Environmental Protection Agency (EPA), or Wisconsin Department of Natural Resources (WDNR) upon request.
(d) Monitoring equipment shall be located and maintained on the user's premises outside of the building. When such location would be impractical or cause undue hardship on the user, the Board may allow modifications as necessary.
(e) Where more than one user can discharge into a common sewer, separate access points and monitoring equipment for each user shall be provided by the user as required by the Board. Where there is a significant difference in wastewater constituents or characteristics produced by different operations of a single user, the Board may require that separate monitoring facilities be provided for each separate discharge.
(f) Whether located on public or private property, the monitoring facilities shall be constructed in accordance with the Board's requirements, construction standards, and specifications.
(g) All users issued a City Discharge Permit shall retain and preserve for no less than seven (7) years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling, and chemical analyses made by or in behalf of a user 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 shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(3) Sampling and Analysis for Compliance.
(a) Compliance determinations with respect to Federal, State, and Local Prohibitions and Limitations, shall be made on the basis of flow proportional composite samples of wastewater. Composite samples shall be taken over a twenty-four (24) hour or other period as determined to be appropriate and necessary by the Board to meet the needs of specific circumstances. Grab samples shall be allowed only in specific circumstances when sampling or analysis protocol requires rapid analysis or short duration sample holding time.
(b) Laboratory analysis of wastewater samples shall be performed in accordance with 40 CFR Part 136 or equivalent methods approved by EPA.
(c) Sampling of non-domestic wastewater for the purpose of compliance determinations with respect to Section (C), Prohibitions and Limitations, will be done at such intervals as the Board may designate. It is the intention of the Board to conduct compliance sampling, or to cause such sampling to be conducted, at least once a year for all users issued a City Discharge Permit.
(a) The Board may require any discharger to the wastewater treatment system to submit special reports detailing current discharges, processes contributing to discharges, compliance with applicable standards, planned discharge changes, or other information related to past, current, or future wastewater discharges. Such reports may include baseline monitoring reports (BMR), 90 day compliance reports (FCR), and other reports requested by the Board. Failure of the discharger to comply with such requests for special reports shall result in enforcement action as contained herein.
(b) If sampling performed by the user indicates a violation, the user shall notify the POTW within 24 hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results to the POTW within 30 days after becoming aware of the violation. Resampling is not required if: 1) the POTW performs sampling at the user's premises at least once per month, or 2) the POTW performs sampling at the user's premises between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(c) The Industrial User shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.
(F) PRETREATMENT FACILITIES.
(1) Submission of Pretreatment Plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, complete plans, specifications, and other pertinent data or information relating to such pretreatment or flow-control facilities shall be submitted to the Board and the Wisconsin Department of Natural Resources (WDNR) for review and approval at least sixty (60) days prior to initiation of construction. Such approval shall not exempt the applicant from compliance with any applicable code, ordinance, rule, regulation, or order from any governmental authority. Any subsequent alterations or additions to such pretreatment or flow control facilities shall not be made without due notice to and prior approval of the Board.
(2) Protection from Accidental Discharge. Each non-domestic user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or operator's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Board for review at least sixty (60) days prior to the construction of the facility. Review and approval of such plans shall not relieve said user from the responsibility to modify its facility as necessary to meet the requirements of the ordinance.
(3) Reporting of Accidental Discharge. If, for any reason, a facility does not comply with or will be unable to comply with any prohibition or limitation in this ordinance, or has experienced or is experiencing operational upsets, including but not limited to slug discharges, the user shall immediately notify the Director of Public Works or the Wastewater Utility Superintendent so that corrective action may be taken to protect the wastewater treatment system. In addition, a written report addressed to the Board shall be filed within five (5) days of the occurrence of the noncomplying discharge. The written report shall detail the date, time, and cause of the accidental discharge, the quantity and characteristics of the discharge, and corrective action taken to prevent future accidental discharges.
(4) Bypass.
(a) An Industrial User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it is also for essential maintenance to assure efficient operation.
(b) If an Industrial User knows in advance of the need for a bypass, it shall submit prior notice to the Control Authority, if possible, at least 10 (ten) days before the date of the bypass.
(c) Bypass is prohibited, and the Control Authority may take enforcement action against an Industrial User for a bypass unless 1) the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage, or 2) there were no feasible alternatives to the bypass.
(5) Grease, Oil, and/or Sand Interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Board, they are necessary for the proper handling of liquid wastes containing floatable oil or grease in an excessive amount, or sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Board, and shall be located so as to be readily accessible for cleaning and inspection. The user shall clean and maintain these interceptors as required to maintain efficient removal of grease, oil, and/or sand. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material, and shall maintain records, which are subject to review by the Board, of the dates and means of disposal, including manifests, if used.
(6) Dilution. No user shall increase the use of potable or process wastewater in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this ordinance.
(7) Admission to Property. Whenever it shall be necessary for the purpose of these rules and regulations, the Board or its duly appointed representatives, upon presentation of credentials, may enter upon any user's property or premises at any time, either scheduled or unscheduled, for the purpose of:
(a) Inspection of premises.
(b) Copying any records required to be kept under the provisions of this ordinance.
(c) Inspecting any monitoring equipment or method, any pretreatment facilities, or facilities creating process discharges.
(d) Sampling any discharge of wastewater to the wastewater treatment system.
(1) In the case of any discharge in violation of this ordinance or permit conditions, the industrial user shall immediately notify the POTW of the discharge by telephone. The notification shall include: (a) the date, time, location and duration of the discharge, (b) the type of waste including concentration and volume; and (c) any corrective actions taken by the user.
(2) Within five days following such a discharge the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges.
(3) Such notification shall not relieve the user of any expense, loss, damage, or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed under this ordinance or other applicable State or federal law.
(H) EMPLOYEE TRAINING.
The industrial user shall permanently post a notice in a prominent place advising all employees to call the City's Treatment Plant in the event of a dangerous discharge for which notification is required. Employers shall advise all employees who may cause or be injured by such a discharge of the emergency notification procedure.
(I) CONFIDENTIALITY.
Information and data furnished to the Board with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Board that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
When requested by a user furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available , upon written request to governmental agencies for use related to this ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, WPDES permit, and/or the pretreatment programs; provided, however, that such stated portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the Board as confidential shall not be transmitted to any government agency or the general public by the Board until and unless notification is sent to the user ten (10) days before the information is transmitted.
(J) RIGHT OF ENTRY
Representative of the City, the State and EPA, upon showing proper identification shall have the right to enter and inspect the premises of any user who may be subject to the requirements of this ordinance.
Industrial users required to obtain wastewater contribution permits shall allow authorized representatives of the POTW, State and EPA access to all premises for the purpose of inspecting, sampling, examining records or copying records in the performance of their duties. Authorized representative of the POTW, State and EPA shall have the right to place on the user's property such devises as are necessary to conduct sampling and monitoring. Where a user has security or safety measures in force which would require clearance, training, or wearing of special protective gear, the user shall make necessary arrangements at its own expense, to enable authorized representatives of the City, State and EPA to enter and inspect the premises as guaranteed by this paragraph.
(K) CONFLICT
All ordinances and parts of ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of such inconsistency or conflict.
(L) SEVERABILITY
If any provision, paragraph, word, section, or article of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect.
(M) ENFORCEMENT, APPEAL, AND PENALTIES
(1) Enforcement Procedures
The Board and/or its authorized representative(s) is authorized to enforce the requirements of this Ordinance. The Board shall establish a stepped enforcement procedure to provide enforcement response by the City to noncompliance with or violation of any provisions of this ordinance. The enforcement procedures shall be given in an Enforcement Guidelines document to be implemented by the Board.
The enforcement responses incorporated into such Enforcement Guidelines document are listed in order of severity as follows:
(a) Informal Notice (IN).
Informal Notice shall be achieved through a telephone call, inspection visit, informal meeting, or letter. Using any of these methods, an authorized agent of the Board may discuss with the user the noncompliance and its timely correction.
(b) Notice of Violation (NOV).
A Notice of Violation will be issued by the Board or its authorized agent for noncompliance based on the criteria contained in this ordinance, the user's discharge permit, and the Enforcement Guidelines. The NOV will state the specific nature of the violation and the applicable permit or ordinance section(s) violated. The NOV will require a response from the User within 15 days to establish the reasons for the noncompliance and to provide a written plan for the satisfactory and expeditious correction of the noncompliance.
(c) Compliance Order (CO).
The Wastewater Utility Superintendent or the Board will issue an administrative order based on the criteria contained in this ordinance, the user's discharge permit, and the Enforcement Guidelines. Such CO may contain requirements and deadlines for specific action by the User, compliance schedules, or prohibit certain actions or discharges by the User. A CO may not require termination of sewer or water service, but may require elimination of a specific noncomplying discharge.
(d) Forfeitures
The Board may levy an administrative forfeiture against any person in violation of this ordinance or in violation of a discharge permit issued by the City. The forfeiture shall be not less than one-hundred dollars ($100) or more than two-thousand dollars ($2,000) per offense. Each day of violation will be considered a separate offense.
(e) Show Cause Hearing (SCH).
1. The Board may order any user who is in violation of, or in noncompliance with requirements of this ordinance or the user's discharge permit, to show cause before the Board why a proposed enforcement action should not be taken or why sewer or water service should not be terminated. A notice will be served on the offending person specifying the time and place of the hearing to be held by the Board regarding the violation. The notice shall include the reason why the hearing is to be held, the proposed enforcement action, and direct the offending person to show cause before the Board why the further enforcement action should not be taken. The notice of the hearing shall be served personally or by certified mail at least ten (10) days before the hearing. Service may be made on any agent or officer of a user.
2. The Board may itself conduct the hearing and take evidence, or may designate any of its members or any representative or employee of the wastewater treatment facility to:
(a) Issue in the name of the Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involving such hearings.
(b) Take the evidence.
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence together with recommendations to the Board for actions thereon.
3. At any hearing pursuant to this ordinance, testimony taken shall be under oath and recorded stenographically or by electronic recording. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges for reproduction.
(f) Legal Action, Monetary Penalties (LA).
Any violation of the substantive provisions of this ordinance, a wastewater discharge permit, or a Compliance Order of the Wastewater Utility Superintendent or Director of Public Works (CO), shall be considered a public nuisance. If any person discharges wastewater into the City of La Crosse wastewater system contrary to the substantive provisions of this ordinance, a discharge permit, or a CO, the City Attorney, at the direction of the Board, shall commence an action for appropriate legal and equitable relief.
The Board may seek injunctive relief when, in the opinion of the Board, potential harm to the wastewater treatment system, public health or welfare, or the environment requires an injunction to assure a prompt and appropriate action by a discharger.
(g) Termination of Sewer and/or Water Service, Permit Revocation (TS).
Any user who violates the conditions of this Ordinance, any applicable state or federal regulations, the user's wastewater discharge permit, or a Compliance Order, is subject to having its discharge permit revoked and wastewater treatment and/or water service terminated in accordance with the provisions of this Ordinance by the Board.
Depending on the significance and severity of the noncompliance/violation identified, the Board is not precluded from directly taking any enforcement step appropriate to the nature of the noncompliance, and thus need not proceed in a stepped fashion as provided above.
In determining the level of enforcement response to user noncompliance/violation, the Board's consideration may include, but is not limited to: the historical compliance of the user to permit requirements, adherence to previously established compliance schedules, the impacts of the noncompliance on the public health and welfare, environment, wastewater treatment system, City employees, wastewater treatment effluent or sludge, the frequency and degree of exceedance of discharge limits or permit requirements, cooperation of the discharger in determining compliance status, previous enforcement actions taken, and good faith efforts of the discharger to attain compliance.
The Board may suspend the wastewater treatment service or a wastewater discharge permit or cut off the sewer connection when such suspension or cut-off is necessary, in the opinion of the POTW, in order to stop an actual or threatened discharge which:
(1) presents or may present an imminent or substantial endangerment to the health or welfare of persons;
(2) presents or may present an imminent or substantial endangerment to the environment;
(3) may cause or actually causes interference to the POTW; or (4) causes the POTW to violate any condition of its WPDES or State discharge permit.
The POTW may reinstate the wastewater contribution permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
In the event of a suspension or cut-off under this section, within 15 days the user shall submit a written report describing the event that caused the suspension and the measures taken to prevent any recurrence.
(2) Right to Appeal
Any discharger or interested party shall have the right to request in writing within fifteen (15) calendar days an interpretation or ruling by the Board on any matter covered by this ordinance and shall be entitled to a written reply within 15 days. In the event that such inquiry is by a discharger and deals with a specific condition of a permit issued pursuant heretofore which enforcement action related to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceedings pending the user's receipt of a written reply. Further inquiries shall not stay enforcement proceedings. Appeal of a final judicial order entered pursuant to this ordinance may be taken in accordance with local and state law.
(3) Falsifying Information
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or City issued wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall upon conviction be punished by the imposition of a civil penalty of not more than $2,000.
(4) Emergency situations
Whenever in the judgment of the Board or its authorized agents it is determined that any emergency situation exists, the Board or its agent may issue orders for the immediate halt of any discharge or discharges causing or contributing to an emergency situation, whether or not the discharge is in compliance with this ordinance and any applicable discharge permit. Upon resolution of any emergency situation, the Board shall rescind its halt discharge order and enforcement procedures contained herein shall prevail.
(5) Penalty, costs
Any person who is found to have violated an order of the Board, or who willfully or negligently fails to comply with any provision of this ordinance or the orders, rules, permits, and regulations issued hereunder, shall be subject to the following additional penalties:
(a) Forfeitures of not less than one-hundred dollars ($100) and not more than two thousand dollars ($2,000) for each offense. Each day on which a violation occurs or continues shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover wastewater system damage costs, sampling and analysis costs, reasonable attorney fees, court costs, penalty assessments, court reporters fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, and regulations issued hereunder.
(b) A list of all users who have been in Significant Non-Compliance may be published annually in the local paper of largest circulation.
(c) In addition to being subject to forfeitures and other costs, the City may seek injunctive relief against any person who violates this ordinance or any rules, regulations, order or permit adopted or issued under this ordinance. (Ord. #3352 created 3/12/92)
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