2. Wastewater Pretreatment RegulationsCharles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Jane Howington, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance to Establish General Wastewater
Pretreatment Regulations
MEETING DATE: Monday, August 10, 2009 — City Council Work Session
BACKGROUND: The Citv of Klisnell- nqn nermitP�diGehrPP. inri.gdietion_ hac
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now now reached the population level that it must comply with all State and Federal
laws applicable to regulating the pretreatment of waste entering its wastewater
treatment plant, including the Clean Water Act (33 United States Code [U.S.C.]
section 1251 et seq.) and particularly the General Pretreatment Regulations (Title
40 of the Code of Federal Regulations [CFR] Part 403). These general regulations
require the City to have a wastewater pretreatment program that includes setting
general sewer use requirements, pretreatment requirements, issuance of
wastewater discharge permits in certain situations, reporting requirements,
compliance monitoring and enforcement of the regulations.
The Council has been provided with a draft copy of an ordinance that meets
the minimum criteria set out by the CFR. The Office of City Attorney is also
required to issue an opinion to the state and federal agencies that the regulations
adopted by the city meet the required minimum federal standards.
This ordinance, like the MS-4 Storm Water ordinance previously adopted by
Council, may seem unusually verbose and dense compared to our usual municipal
ordinances. This is because the language must necessarily mirror the language of
the governing CFR if it is to be deemed compliant. Council will receive a briefing at
the workshop setting forth what the regulations will look like in practice.
Respectfully submitted,
Charles Harball ity Attorney gane Howington, City Manager
ORDINANCE NO.
AN ORDINANCE ESTABLISHING GENERAL WASTEWATER PRETREATMENT
REGULATIONS IN COMPLIANCE WITH STATE AND FEDERAL LAWS AND
PARTICULARLY TITLE 40 OF THE CODE OF FEDERAL REGULATIONS, PART
403, ESTABLISHING REPORTING AND ENFORCEMENT PROVISIONS AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, as a permitted discharge jurisdiction, as now reached the
population level that it must comply with all applicable State and Federal laws,
including the Clean Water Act (33 United States Code [U.S.C.] section 1251 et
seq.) and particularly the General Pretreatment Regulations (Title 40 of the Code
of Federal Regulations [CFR] Part 403); and
WHEREAS, the City of Kalispell must therefore enact an ordinance setting forth uniform
requirements for Users of the Publicly Owned Treatment Works (POTW) for the
City of Kalispell and enable the City to comply with all applicable State and
FPrlarnl lnwc- and
WHEREAS, the Kalispell City Council hereby finds that it is in the best interests of the City of
Kalispell and its taxpayers, ratepayers and residents to remain in compliance with
all applicable State and Federal laws, maintain its waste water discharge permit,
and preserve the water quality of its surface and ground waters.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for Users of the Publicly Owned Treatment
Works (POTW) for the City of Kalispell (City) and enables the City to comply with all
applicable State and Federal laws, including the Clean Water Act (33 United States Code
[U.S.C.] section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the
Code of Federal Regulations [CFR] Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the POTW that will interfere with its
operation;
B. To prevent the introduction of pollutants into the POTW that will pass through the
POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the
POTW;
C. To protect both the general public and POTW personnel who may be affected by
wastewater and sludge in the course of their employment;
D. To enable the City to comply with its National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other Federal or State
laws to which the POTW is subject;
E. To enrich the health and economic welfare of the community by providing the best and
most efficient POTW through the equitable distribution of program costs, reclamation of
wastewater and sludge, and protection of the wastewater system and advanced
wastewater treatment plant from physical damage.
This ordinance shall apply to all Users of the POTW. The ordinance authorizes the
issuance of wastewater discharge permits; provides for monitoring, compliance, and
enforcement activities; establishes administrative review procedures; and requires User
reporting.
1 7 Adminktrntinn
Except as otherwise provided herein, the Water Resource Manager (Manager) shall
administer, implement, and enforce the provisions of this ordinance. Any powers granted
to or duties imposed upon the Manager may be delegated by the Manager to a duly
authorized City employee.
1.3 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated
meanings:
BOD
Biochemical Oxygen Demand
BMP
Best Management Practice
BMR
Baseline Monitoring Report
CFR
Code of Federal Regulations
CIU
Categorical Industrial User
EPA
U.S. Environmental Protection Agency
gpd
gallons per day
IU
Industrial User
mg/1 milligrams per liter
NPDES National Pollutant Discharge Elimination System
NSCIU Non -Significant Categorical Industrial User
O&M Operation and Maintenance
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SlU
Significant Industrial User
SNC
Significant Noncompliance
TSS
Total Suspended Solids
U.S.C.
United States Code
1.4 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in
this ordinance, shall have the meanings hereinafter designated.
A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. section 1251 et seq.
B. Approval Authority. The Regional Administrator of the Environmental Protections
Agency in Region 8 or the Director of the Montana Department of Environmental
Quality (MTDEQ) at such time as EPA authorizes the State pretreatment program.
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(1) If the User is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy or
decision -making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit duty of
making major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
wastewater discharge permit requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) If the User is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(3) If the User is a Federal, State, or local governmental facility: a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may designate a Duly
Authorized Representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the overall operation
of the facility from which the discharge originates or having overall responsibility for
environmental matters for the company, and the written authorization is submitted to
the City.
D. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five (5)
days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/1).
E. Best Management Practices (BMPs). Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions
listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw materials storage.
F. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and
(c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that
appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
G. Categorical Industrial User (CIU). An Industrial User subject to a categorical
Pretreatment Standard or categorical Standard.
H. Control Authority (City). The City of Kalispell or the City Council of Kalispell.
Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected
during a calendar day or any 24-hour period that reasonably represents the calendar day
for purposes of sampling.
J. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a
calendar day or any 24-hour period that reasonably represents the calendar day for
purposes of sampling. Where Daily Maximum Limits are expressed in units of mass, the
daily discharge is the total mass discharged over the course of the day. Where Daily
Maximum Limits are expressed in terms of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day.
K. Environmental Protection Agency (EPA). The U.S. Environmental Protection Agency
or, where appropriate, the Regional Water Management Division Director, the Regional
Administrator, or other duly authorized official of said agency.
L. Existing Source. Any source of discharge that is not a "New Source."
M. Grab Sample. A sample that is taken from a wastestream without regard to the flow in
the wastestream and over a period of time not to exceed fifteen (15) minutes.
N. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any
nondomestic source.
O. Instantaneous Limit. The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration of the sampling
event.
P. Interference. A discharge that, alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the POTW, its treatment processes or operations
or its sludge processes, use or disposal; and therefore, is a cause of a violation of the
City's NPDES permit or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions or permits issued
thereunder, or any more stringent State or local regulations: section 405 of the Act; the
Solid Waste Disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); any State regulations contained in any State
sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal
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Q. Local Limit. Specific discharge limits developed and enforced by the City upon
industrial or commercial facilities to implement the general and specific discharge
prohibitions listed in 40 CFR 403.5(a)(1) and (b).
R. Water Resource Manager (Manager). City Manager of the City of Kalispell.
Administers and supervises the affairs, operations and maintenance of the facilities of the
City, and is charged with certain duties and responsibilities by this regulation. The term
also means a duly authorized representative of the Manager.
S. Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
T. Monthly Average. The sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
U. Monthly Average Limit. The highest allowable average of "daily discharges" over a
calendar month, calculated as the sum of all "daily discharges" measured during a
calendar month divided by the number of "daily discharges" measured during that month.
V. New Source.
(1) Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the publication of
proposed Pretreatment Standards under section 307(c) of the Act that will be
applicable to such source if such Standards are thereafter promulgated in accordance
with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no
other source is located; or
(b) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an Existing Source;
or
(c) The production or wastewater generating processes of the building, structure,
facility, or installation are substantially independent of an Existing Source at the
same site. In determining whether these are substantially independent, factors such
as the extent to which the new facility is integrated with the existing plant, and the
extent to which the new facility is engaged in the same general type of activity as
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(2) Construction on a site at which an Existing Source is located results in a modification
rather than a New Source if the construction does not create a new building, structure,
facility, or installation meeting the criteria of Section (1)(b) or (c) above but
otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a New Source as defined under this paragraph has commenced if the
owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite construction program:
i. any placement, assembly, or installation of facilities or equipment;
orsignificant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new
source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
W. Noncontact Cooling Water. Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished product.
X. Pass Through. A discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge or discharges
from other sources, is a cause of a violation of any requirement of the City's NPDES
permit, including an increase in the magnitude or duration of a violation.
Y. Person. Any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all
Federal, State, and local governmental entities.
Z. pH. The base 10 logarithm of the reciprocal of the hydrogen ion concentration in moles
per liter of solution.
AA. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, municipal, agricultural and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
BB. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or
r
the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of,
introducing such pollutants into the POTW. This reduction or alteration can be obtained
by physical, chemical, or biological processes; by process changes; or by other means,
except by diluting the concentration of the pollutants unless allowed by an applicable
Pretreatment Standard.
CC. Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment imposed on a User, other than a Pretreatment Standard.
DD. Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited
discharge standards, categorical Pretreatment Standards, and Local Limits.
EE. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against
the discharge of certain substances; these prohibitions appear in Section 2.1 of this
ordinance.
FF. Publicly Owned Treatment Works (POTW). A treatment works, as defined by section
212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition
includes any devices or systems used in the collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which
convey wastewater to a treatment plant.
GG. Sewage. Human excrement and gray water (household showers, dishwashing operations,
etc.).
HH. Significant Industrial User (SIU).
Except as provided in paragraphs (3) and (4) of this Section, an SIU is:
(1) A User subject to categorical Pretreatment Standards; or
(2) A User that:
(a) Discharges an average of twenty-five thousand (25,000) gpd or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and boiler
blowdown wastewater);
(b) Contributes a process wastestream which makes up five (5) percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the City on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any Pretreatment
Standard or Requirement.
(3) The City may determine that a User subject to categorical Pretreatment Standards is a
Non -Significant Cateizorical Industrial User rather than a SIU on a finding that the
User never discharges more than 100 gpd of total categorical wastewater (excluding
sanitary, non -contact cooling and boiler blowdown wastewater, unless specifically
included in the Pretreatment Standard) and the following conditions are met:
(a) The User, prior to City's finding, has consistently complied with all applicable
categorical Pretreatment Standards and Requirements;
(b) The User annually submits the certification statement required in Section 6.14 B
(see 40 CFR 403.12(q)), together with any additional information necessary to
support the certification statement; and
(c) The User never discharges any untreated concentrated wastewater.
(4) Upon a finding that a User meeting the criteria in Subsection (2) of this part has no
reasonable potential for adversely affecting the POTW's operation or for violating
any Pretreatment Standard or Requirement, the City may at any time, on its own
initiative or in response to a petition received from a User, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered
a SIU.
II. Slug Load, Slug Discharge or Spill Discharge. Any discharge at a flow rate or
concentration, which could cause a violation of the prohibited discharge standards in
Section 2.1 of this ordinance. A Slug Discharge is any Discharge of a non -routine,
episodic nature, including but not limited to an accidental spill or a non -customary batch
Discharge, which has a reasonable potential to cause Interference or Pass Through,
including discharges which exceed the hydraulic and/or design of a Users treatment
system, or in any other way violate the POTW's regulations, Local Limits or Permit
conditions.
JJ. Storm Water. Any flow occurring during or following any form of natural precipitation,
and resulting from such precipitation, including snowmelt.
KK. Total Suspended Solids or Suspended Solids (TSS). The total suspended matter that
floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering using standard methods.
LL. User (Industrial User, Significant Industrial User, Categorical Industrial User, Non -
Categorical Industrial User, etc.). Any person who contributes, causes or permits the
contribution of wastewater into the POTW.
MM. Wastewater. Liquid and water -carried industrial wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the POTW.
NN. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is
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SECTION 2—GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions. No User shall introduce or cause to be introduced into the POTW
any pollutant or wastewater which causes Pass Through or Interference. These general
prohibitions apply to all Users of the POTW whether or not they are subject to
categorical Pretreatment Standards or any other National, State, or local Pretreatment
Standards or Requirements.
B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not
limited to, wastestreams with a closed -cup flashpoint of less than 140 degrees F (60
degrees C) using the test methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 6.0 or more than 9.5, or otherwise causing
corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the
POTW resulting in Interference but in no case solids greater than one-half inch (1/2")
(1.27 cm) in any dimension;
(4) Pollutants, including oxygen -demanding pollutants (BOD, etc.), released in a
discharge at a flow rate and/or pollutant concentration which, either singly or by
interaction with other pollutants, will cause Interference with the POTW;
(5) Wastewater having a temperature greater than 150 degrees F (65 degrees C), or which
will inhibit biological activity in the treatment plant resulting in Interference, but in
no case wastewater which causes the temperature at the introduction into the
treatment plant to exceed 104 degrees F (40 degrees C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safety problems;
(8) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly
or by interaction with other wastes, are sufficient to create a public nuisance or a
hazard to life_ or to prevent entry into the for mainteninr e. or repair-
(9) Wastewater which imparts color which cannot be removed by the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the treatment plant's effluent, thereby violating the
City's NPDES permit;
(10) Wastewater containing any radioactive wastes or isotopes except in compliance with
applicable State or Federal regulations;
(11) Storm Water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water,
Noncontact Cooling Water, and unpolluted wastewater, unless specifically authorized
by the Manager;
(12) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(13) Medical Wastes, except as specifically authorized by the Manager in a wastewater
discharge permit;
(14) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail toxicity test;
(15) Detergents, surface-active agents, or other substances which that might cause
excessive foaming in the POTW;
(16) Fats, oils, or greases of animal or vegetable origin in concentrations greater than one
hundred (200) mg/l;
(17) Wastewater causing two readings on an explosion hazard meter at the point of
discharge into the POTW, or at any point in the POTW, of more than five percent
(5%) or any single reading over ten percent (10%) of the Lower Explosive Limit of
the meter.
C. Pollutants, substances, or wastewater prohibited by this Section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
2.2 National Categorical Pretreatment Standards
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I,
Subchapter N, Parts 405-471 and are hereby incorporated herein and made a part of these
regulations by this reference.
A. Where a categorical Pretreatment Standard is expressed only in terms of either the mass
or the concentration of a pollutant in wastewater, the Manager may impose equivalent
concentration or mass limits in accordance with Section 2.2E and 2.2F. (See 40 CFR
403.6(c))
B. When the limits in a categorical Pretreatment Standard are expressed only in terms of
mass of pollutant per unit of production, the Manager may convert the limits to
equivalent limitations expressed either as mass of pollutant discharged per day or effluent
concentration for purposes of calculating effluent limitations applicable to individual
Industrial Users. (See 40 CFR 403.6(c)(2))
C. When wastewater subject to a categorical Pretreatment Standard is mixed with
wastewater not regulated by the same Standard, the Manager shall impose an alternate
limit in accordance with 40 CFR 403.6(e).
D. A CIU may obtain a net/gross adjustment to a categorical Pretreatment Standard in
accordance with 40 CFR 403.15.
E. When a categorical Pretreatment Standard is expressed only in terms of pollutant
concentrations, an Industrial User may request that the City convert the limits to
equivalent mass limits. The determination to convert concentration limits to mass limits
is within the discretion of the Manager. The City may establish equivalent mass limits
only if the Industrial User meets all the conditions set forth in Sections 2.2E(1)(a)
through 2.2E(1)(e) below:
(1) To be eligible for equivalent mass limits, the Industrial User must:
(a) Employ, or demonstrate that it will employ, water conservation methods and
technologies that substantially reduce water use during the term of its individual
wastewater discharge permit;
(b) Currently use control and treatment technologies adequate to achieve compliance
with the applicable categorical Pretreatment Standard, and not have used dilution as
a substitute for treatment;
(c) Provide sufficient information to establish the facility's actual average daily flow
rate for all wastestreams, based on data from a continuous effluent flow monitoring
device, as well as the facility's long-term average production rate. Both the actual
average daily flow rate and the long-term average production rate must be
representative of current operating conditions;
(d) Not have daily flow rates, production levels, or pollutant levels that vary so
significantly that equivalent mass limits are not appropriate to control the
Discharge; and
(e) Have consistently complied with all applicable categorical Pretreatment Standards
during the period prior to the Industrial User's request for equivalent mass limits.
(2) An Industrial User subject to equivalent mass limits must:
(a) Maintain and effectively operate control and treatment technologies adequate to
achieve compliance with the equivalent mass limits;
(b) Continue to record the facility's flow rates through the use of a continuous effluent
flow monitoring device;
(c) Continue to record the facility's production rates and notify the Manager whenever
production rates are expected to vary by more than 20 percent from its baseline
production rates determined in paragraph 2.2F(1)(c) of this Section. Upon
notification of a revised production rate, the Manager will reassess the equivalent
mass limit and revise the limit as necessary to reflect changed conditions at the
facility; and
(d) Continue to employ the same or comparable water conservation methods and
technologies as those implemented pursuant to paragraphs 2.2E (1)(a) of this
Section so long as it discharges under an equivalent mass limit.
(3) When developing equivalent mass limits, the Manager:
(a) Will calculate the equivalent mass limit by multiplying the actual average daily
flow rate of the regulated process(es) of the Industrial User by the concentration -
based Daily Maximum and Monthly Average Standard for the applicable
categorical Pretreatment Standard and the appropriate unit conversion factor;
(b) Upon notification of a revised production rate, will reassess the equivalent mass
limit and recalculate the limit as necessary to reflect changed conditions at the
facility; and
(c) May retain the same equivalent mass limit in subsequent individual wastewater
discharge permit terms if the Industrial User's actual average daily flow rate was
reduced solely as a result of the implementation of water conservation methods and
technologies, and the actual average daily flow rates used in the original calculation
of the equivalent mass limit were not based on the use of dilution as a substitute for
treatment pursuant to Section 2.6. The Industrial User must also be in compliance
with Section 13.3 regarding the prohibition of bypass.
F. The Manager may convert the mass limits of the categorical Pretreatment Standards of 40
CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating
limitations applicable to individual Industrial Users. The conversion is at the discretion
of the Manager.
G. Once included in its permit, the Industrial User must comply with the equivalent
limitations developed in this Section (2.2) in lieu of the promulgated categorical
Standards from which the equivalent limitations were derived. (See 40 CFR 403.6(c)(7))
H. Many categorical Pretreatment Standards specify one limit for calculating maximum
daily discharge limitations and a second limit for calculating maximum Monthly
Average, or 4-day average, limitations. Where such Standards are being applied, the same
production or flow figure shall be used in calculating both the average and the maximum
eniiivnlPnt limitntinn (4ea all rFR ani h(rl(Rll
I. Any Industrial User operating under a permit incorporating equivalent mass or
concentration limits calculated from a production -based Standard shall notify the
Manager within two (2) business days after the User has a reasonable basis to know that
the production level will significantly change within the next calendar month. Any User
not notifying the Manager of such anticipated change will be required to meet the mass or
concentration limits in its permit that were based on the original estimate of the long term
average production rate. (See 40 CFR 403.6(c)(9))
2. 3 Local Limits
A. The Manager is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).
B. The following pollutant limits are established to protect against Pass Through and
Interference and to implement provisions of this Ordinance. No Significant Industrial
User shall discharge wastewater containing in excess of the following limits:
Pollutant Limit (mg/L)
ammonia
arsenic
BODS
cadmium
chromium
copper
lead
mercury
molybdenum
nitrogen (total)
nickel
oil and/or grease
selenium
total suspended solids
zinc
C. The above limits apply at the point where the wastewater is discharged to the POTW. All
concentrations for metallic substances are for total metal unless indicated otherwise. The
Manager may impose mass limitations in addition to the concentration -based limitations
above.
D. Mass Limitations for Commercial Users. The Manager may impose daily maximum
mass limitations on commercial users. Non -permitted Users may be required to monitor
and report daily flows. Allocations may be revoked by the Manager and shall not be
considered property rights.
E. The Manager may develop Best Management Practices (BMPs) for any Significant
Industrial User or other User, as needed, to implement this Ordinance. BMPs may be
implemented through a permit, order or other notice to the User. BMPs are Pretreatment
Standards and enforceable under this Ordinance.
2.4 City's Right of Revision
The City reserves the right to establish, by ordinance or in wastewater discharge permits,
more stringent Standards or Requirements on discharges to the POTW consistent with the
purpose of this ordinance.
2.5 Dilution
No User shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve compliance
with a discharge limitation unless expressly authorized by an applicable Pretreatment
Standard or Requirement. The Manager may impose mass limitations on Users who are
using dilution to meet applicable Pretreatment Standards or Requirements or in other cases
when the imposition of mass limitations is appropriate.
SECTION 3—PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and
shall achieve compliance with all categorical Pretreatment Standards, Local Limits, and the
prohibitions set out in Section 2.1 of this ordinance within the time limitations specified by
EPA, the State, or the Manager, whichever is more stringent. Any facilities necessary for
compliance shall be provided, operated, and maintained at the User's expense. Detailed
plans describing such facilities and operating procedures shall be submitted to the Manager
for review, and shall be acceptable to the Manager before such facilities are constructed.
The review of such plans and operating procedures shall in no way relieve the User from
the responsibility of modifying such facilities as necessary to produce a discharge
acceptable to the City under the provisions of this ordinance.
3.2 Additional Pretreatment Measures
A. Whenever deemed necessary, the Manager may require Users to restrict their discharge
during peak flow periods, designate that certain wastewater be discharged only into
specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and such other conditions as may be
necessary to protect the POTW and determine the User's compliance with the
requirements of this ordinance.
B. The Manager may require any person discharging into the POTW to install and maintain,
on their property and at their expense, a suitable storage and flow -control facility to
ensure equalization of flow. A wastewater discharge permit may be issued solely for
flow equalization.
C. Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
3. 3 Accidental Discharge/Slug Discharge Control Plans
The Manager shall evaluate whether each SILT needs an accidental discharge/slug discharge
control plan or other action to control Slug Discharges. The Manager may require any
User to develop, submit for approval, and implement such a plan or take such other action
that may be necessary to control Slug Discharges. Alternatively, the Manager may develop
such a plan for any User. An accidental discharge/slug discharge control plan shall
address, at a minimum, the following:
A. Description of discharge practices, including non -routine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Manager of any accidental or Slug Discharge,
as required by Section 6.6 of this ordinance; and
D. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants, including solvents, and/or measures and equipment
for emergency response.
SECTION 4—WASTEWATER DISCHARGE PERMITS
4.1 Wastewater Analysis
When requested by the Manager, a User must submit information on the nature and
characteristics of its wastewater within ninety (90) days of the request. The Manager is
authorized to prepare a form for this purpose and may periodically require Users to update
this information.
4.2 Wastewater Discharge Permit Requirement
A. No SIU shall discharge wastewater into the POTW without first obtaining a wastewater
discharge permit from the Manager, except that a SIU that has filed a timely application
pursuant to Section 4.3 of this ordinance may continue to discharge for the time period
specified therein.
B. The Manager may require other Users to obtain wastewater discharge permits as
necessary to carry out the purposes of this ordinance.
C. Any violation of the terms and conditions of a wastewater discharge permit shall be
deemed a violation of this ordinance and subjects the wastewater discharge permittee to
the sanctions set out in Sections 10 through 12 of this ordinance. Obtaining a wastewater
discharge permit does not relieve a permittee of its obligation to comply with all Federal
and State Pretreatment Standards or Requirements or with any other requirements of
Federal, State, and local law.
4.3 Wastewater Discharge Permitting: Existing Connections
Any User required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this ordinance and who wishes to
continue such discharges in the future, shall, within ninety (90) days after said date, apply
to the Manager for a wastewater discharge permit in accordance with Section 4.5 of this
ordinance, and shall not cause or allow discharges to the POTW to continue after one
hundred -eighty (180) days of the effective date of this ordinance except in accordance with
a wastewater discharge permit issued by the Manager.
4.4 Wastewater Discharge Permitting: New Connections
Any User required to obtain a wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the beginning or
recommencing of such discharge. An application for this wastewater discharge permit, in
accordance with Section 4.5 of this ordinance, must be filed at least ninety (90) days prior
to the date upon which any discharge will begin or recommence.
4.5 Wastewater Discharge Permit Application Contents
All Users required to obtain a wastewater discharge permit must submit a permit
application. The Manager may require Users to submit all or some of the following
information as part of a permit application:
(1) Identifying Information.
(a) The name and address of the facility, including the name of the operator and
owner.
(b) Contact information, description of activities, facilities, and plant production
processes on the premises;
(2) Environmental Permits. A list of any environmental control permits held by or for the
facility.
(3) Description of Operations.
(a) A brief description of the nature, average rate of production (including each
product produced by type, amount, processes, and rate of production), and
standard industrial classifications of the operation(s) carried out by such User.
This description should include a schematic process diagram, which indicates
points of discharge to the POTW from the regulated processes.
(b) Types of wastes generated, and a list of all raw materials and chemicals used or
stored at the facility which are, or could accidentally or intentionally be,
discharged to the POTW;
(c) Number and type of employees, hours of operation, and proposed or actual hours
of operation;
(d) Type and amount of raw materials processed (average and maximum per day);
(e) Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location, and elevation, and all
points of discharge;
(4) Time and duration of discharges;
(5) The location for monitoring all wastes covered by the permit;
(6) Flow Measurement. Information showing the measured average daily and maximum
daily flow, in gallons per day, to the POTW from regulated process streams and other
streams, as necessary.
(7) Measurement of Pollutants.
(a) The categorical Pretreatment Standards applicable to each regulated process and
any new categorically regulated processes for Existing Sources.
(b) The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the Standard or by the Manager, of regulated
pollutants in the discharge from each regulated process.
(c) Instantaneous, Daily Maximum, and long-term average concentrations, or mass,
where required, shall be reported.
(d) The sample shall be representative of daily operations and shall be analyzed in
accordance with procedures set out in Section 6.10 of this ordinance- Where the
Standard requires compliance with BMPs or pollution prevention alternative, the
User shall submit documentation as required by the Manager or the applicable
Standards to determine compliance with the Standard.
(e) Sampling must be performed in accordance with procedures set out in Section
6.11 of this ordinance.
(8) Any requests for a monitoring waiver (or a renewal of an approved monitoring
waiver) for a pollutant neither present nor expected to be present in the discharge
based on 40 CFR 403.12(e)(2).
(9) Any request to be covered by a general permit based on Section 4.6.
(10) Any other information as may be deemed necessary by the Manager to evaluate the
permit application.
A. Incomplete or inaccurate applications will not be processed and will be returned to the
User for revision.
4.6 Application Signatories and Certifications
A. All wastewater discharge permit applications, User reports and certification statements
must be signed by an Authorized Representative of the User and contain the certification
statement in Section 6.14 A.
B. If the designation of an Authorized Representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility
or overall responsibility for environmental matters for the company, a new written
authorization satisfying the requirements of this Section must be submitted to the
Manager prior to or together with any reports to be signed by an Authorized
Representative.
C. A facility determined to be a Non -Significant Categorical Industrial User by the Manager
pursuant to 1.4 GG (3) must annually submit the signed certification statement in Section
6.14 B. (Note: See 40 CFR 403.3(v)(2))
4.7 Wastewater Discharge Permit Decisions
The Manager will evaluate the data furnished by the User and may require additional
information. Within thirty (30) days of receipt of a complete permit application, the
Manager will determine whether to issue a wastewater discharge permit. The Manager
may deny any application for a wastewater discharge permit.
SECTION 5—WASTEWATER DISCHARGE PERMIT ISSUANCE
5.1 Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a specified time period, not to exceed
five (5) years from the effective date of the permit. A wastewater discharge permit may be
issued for a period less than five (5) years, at the discretion of the Manager.
5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the Manager to prevent Pass Through or Interference, protect the quality of
the water body receiving the treatment plant's effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage to the POTW.
A. Wastewater discharge permits must contain:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration
date and effective date;
(2) A statement that the wastewater discharge permit is nontransferable without prior
notification to the City in accordance with Section 5.5 of this ordinance, and
provisions for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
(3) Effluent limits, including Best Management Practices, based on applicable
Pretreatment Standards;
(4) Self monitoring, sampling, reporting, notification, and record -keeping requirements.
These requirements shall include an identification of pollutants (or best management
practice) to be monitored, sampling location, sampling frequency, and sample type
based on Federal, State, and local law.
(5) The process for seeking a waiver from monitoring for a pollutant neither present nor
expected to be present in the Discharge in accordance with 40 CFR 403.12(e)(2).
(6) A statement of applicable civil and criminal penalties for violation of Pretreatment
Standards and Requirements, and any applicable compliance schedule. Such
schedule may not extend the time for compliance beyond that required by applicable
Federal, State, or local law.
(7) Requirements to control Slug Discharge, if determined by the Manager to be
necessary.
(8) Requirements for additional reporting a specified in Section 6.
B. Wastewater discharge permits may contain, but need not be limited to, the following
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(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other
special conditions including management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW;
(5) The unit charge or schedule of User charges and fees for the management of the
wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities
and equipment, including flow measurement devices;
(7) A statement that compliance with the wastewater discharge permit does not relieve
the permittee of responsibility for compliance with all applicable Federal and State
Pretreatment Standards, including those which become effective during the term of
the wastewater discharge permit; and
(8) Other conditions as deemed appropriate by the Manager to ensure compliance with
this ordinance, and State and Federal laws, rules, and regulations.
5.3 Significant Industrial User Permit Issuance Process
A. Public Notification. The Manager will publish a notice to issue a Significant Industrial
User pretreatment permit, at least thirty (30) days prior to issuance. The notice will
indicate a location where the draft permit may be reviewed and an address where written
comments may be submitted.
B. Permit Appeals. Any person, including the User, may petition the Manager to reconsider
the terms of a wastewater discharge permit within thirty (30) days of notice of its
issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
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provisions objected to, the reasons for this objection, and the alternative condition, if
any, it seeks to place in the wastewater discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the
appeal.
(4) If the Manager fails to act within thirty (30) days, a request for reconsideration shall
be deemed to be denied. Decisions not to reconsider a wastewater discharge permit,
not to issue a wastewater discharge permit, or not to modify a wastewater discharge
permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater
discharge permit decision must do so by filing a complaint with the Eleventh Judicial
District Court for the State of Montana within thirty (30) days of the final
administrative wastewater discharge permit decision.
5.4 Permit Modification
A. The Manager may modify a wastewater discharge permit for good cause, including, but
not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local Pretreatment Standards or
Requirements;
(2) To address significant alterations or additions to the User's operation, processes, or
wastewater volume or character since the time of the individual wastewater discharge
permit issuance;
(3) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the City's
POTW, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical Pretreatment Standards pursuant
to 40 CFR 403.13;
(8) To correct typographical or other errors in the wastewater discharge permit; or
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where requested in accordance with Section 5.5.
5.5 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least sixty (60) days advance notice to the Manager and the Manager
approves the wastewater discharge permit transfer. The notice to the Manager must
include a written certification by the new owner or operator which:
A. States the new owner and/or operator has no immediate intent to change the facility's
operations and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing wastewater discharge
permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit
void as of the date of facility transfer.
5.6 Wastewater Discharge Permit Revocation
The Manager may revoke a wastewater discharge permit for good cause, including, but not
limited to, the following reasons:
A. Failure to notify the Manager of significant changes to the wastewater prior to the
changed discharge;
B. Failure to provide prior notification to the Manager of changed conditions pursuant to
Section 6.5 of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application;
D. Falsifying self -monitoring reports and certification statements;
E. Tampering with monitoring equipment;
F. Refusing to allow the Manager timely access to the facility premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
L. Failure to provide advance notice of the transfer of business ownership of a permitted
facility; or
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or this ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of
business ownership. All wastewater discharge permits issued to a User are void upon the
issuance of a new wastewater discharge permit to that User.
5.7 Wastewater Discharge Permit Reissuance
A User with an expiring wastewater discharge permit shall apply for a wastewater
discharge permit reissuance by submitting a complete permit application, in accordance
with Section 4.5 of this ordinance, a minimum of ninety (90) days prior to the expiration of
the User's existing wastewater discharge permit.
5.8 Regulation of Waste Received from Other Jurisdictions
A. If another municipality, or User located within another municipality, contributes
wastewater to the POTW, the Manager shall enter into an interlocal agreement with the
contributing municipality.
B. Prior to entering into an agreement required by paragraph A, above, the Manager shall
request the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the POTW by
the contributing district;
(2) An inventory of all Users located within the contributing district that are discharging
to the POTW; and
(3) Such other information as the Manager may deem necessary.
C. An interlocal agreement. as reauired by naragranh A. above. shall contain the follewinp,
conditions:
(1) A requirement for the contributing district to adopt a sewer use ordinance which is at
least as stringent as this ordinance and Local Limits, including required Baseline
Monitoring Reports (BMRs) which are at least as stringent as those set out in Section
6.1 of this ordinance. The requirement shall specify that such ordinance and limits
must be revised as necessary to reflect changes made to the City's ordinance or Local
Limits;
(2) A requirement for the contributing municipality to submit a revised User inventory on
at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including
wastewater discharge permit issuance, inspection and sampling, and enforcement,
will be conducted by the contributing district; which of these activities will be
conducted by the Manager; and which of these activities will be conducted jointly by
the contributing municipality and the Manager;
(4) A requirement for the contributing district to provide the Manager with access to all
information that the contributing district obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing district's wastewater at
the point where it discharges to the POTW;
(6) Requirements for monitoring the contributing district's discharge;
(7) A provision ensuring the Manager access to the facilities of Users located within the
contributing district's jurisdictional boundaries for the purpose of inspection,
sampling, and any other duties deemed necessary by the Manager; and
(8) A provision specifying remedies available for breach of the terms of the interlocal
agreement.
SECTION 6—REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a categorical
Pretreatment Standard, or the final administrative decision on a category determination
under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users
currently discharging to or scheduled to discharge to the POTW shall submit to the
Manager a report which contains the information listed in paragraph B, below. At least
ninety (90) days prior to commencement of their discharge, New Sources, and sources
that become Categorical Industrial Users subsequent to the promulgation of an applicable
categorical Standard, shall submit to the Manager a report which contains the information
listed in paragraph B, below. A New Source shall report the method of pretreatment it
intends to use to meet applicable categorical Standards. A New Source also shall give
estimates of its anticipated flow and quantity of pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) All information required in Section 4.5A (1) (a), Section 4.5A (2), Section 4.5A (3)
(a), and Section 4.5A (6). (See 40 CFR 403.12(b)(1)-(7))
(2) Measurement of pollutants:
(a) The User shall provide the information required in Section 4.5 A(7).
(b) The User shall take a minimum of one representative sample to compile the data
necessary to comply with the requirements of this paragraph.
(c) Samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with the regulated wastewater
prior to pretreatment the User should measure the flows and concentrations
necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e)
to evaluate compliance with the Pretreatment Standards. Where an alternate
concentration or mass limit has been calculated in accordance with 40 CFR
403.6(e) this adjusted limit along with supporting data shall be submitted to the
Control Authority;
(d) Sampling and analysis shall be performed in accordance with Section 6.10;
(e) The Manager may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine the
need for industrial pretreatment measures;
(f) The baseline report shall indicate the time, date and place of sampling and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges to the
POTW.
(3) Compliance Certification. A statement, reviewed by the User's Authorized
Representative as defined in Section 1.4 C and certified by a qualified professional,
indicating whether Pretreatment Standards are being met on a consistent basis, and, if
not, whether additional operation and maintenance (O&M) and/or additional
pretreatment is required to meet the Pretreatment Standards and Requirements.
(4) Compliance Schedule. If additional pretreatment and/or O&M will be required to
meet the Pretreatment Standards, the shortest schedule by which the User will provide
such additional pretreatment and/or O&M must be provided. The completion date in
this schedule shall not be later than the compliance date established for the applicable
Pretreatment Standard. A compliance schedule pursuant to this Section must meet
the requirements set out in Section 6.2 of this ordinance.
(5) Signature and Report Certification. All baseline monitoring reports must be certified
in accordance with Section 6.14 of this ordinance and signed by an Authorized
Representative as defined in Section 1AC.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section
6.1(B) (4) of this ordinance:
A. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the User to meet the applicable Pretreatment
Standards (such events include, but are not limited to, hiring an engineer, completing
preliminary and final plans, executing contracts for major components, commencing and
completing construction, and beginning and conducting routine operation);
B. No increment referred to above shall exceed nine (9) months;
C. The User shall submit a progress report to the Manager no later than fourteen (14) days
following each date in the schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of progress, the reason for any
delay, and, if appropriate, the steps being taken by the User to return to the established
schedule; and
D. In no event shall more than nine (9) months elapse between such progress reports to the
Manager.
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (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 wastewater into the POTW, any User subject to such Pretreatment
Standards and Requirements shall submit to the Manager a report containing the
information described in Section 4.5A(6) and (7) and 6.1(B)(2) of this ordinance. For
Users subject to equivalent mass or concentration limits established in accordance with the
procedures in Section 2.2 (See 40 CFR 403.6(c)), this report shall contain a reasonable
measure of the User's long-term production rate. For all other Users subject to categorical
Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of
production (or other measure of operation), this report shall include the User's actual
production during the appropriate sampling period. All compliance reports must be signed
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done in conformance with Section 6.11.
6.4 Periodic Compliance Reports
A. All SIUs must submit no less than twice per year (June and December) reports indicating
the nature, concentration of pollutants in the discharge which are limited by Pretreatment
Standards and the measured or estimated average and maximum daily flows for the
reporting period. In cases where the Pretreatment Standard requires compliance with a
Best Management Practice (BMP) or pollution prevention alternative, the User must
submit documentation required by the Manager or the Pretreatment Standard necessary to
determine the compliance status of the User. .
B. The City may authorize an Industrial User subject to a categorical Pretreatment Standard
to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the
Industrial User has demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the Discharge, or is present only
at background levels from intake water and without any increase in the pollutant due to
activities of the Industrial User (See 40 CFR 403.12(e)(2)). This authorization is subject
to the following conditions:
(1) The waiver may be authorized where a pollutant is determined to be present
solely due to sanitary wastewater discharged from the facility provided that the
sanitary wastewater is not regulated by an applicable categorical Standard and
otherwise includes no process wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period of the
individual wastewater discharge permit, but in no case longer than 5 years. The
User must submit a new request for the waiver before the waiver can be granted
for each subsequent individual wastewater discharge permit. See Section 4.5A(8).
(3) In making a demonstration that a pollutant is not present, the Industrial User must
provide data from at least one sampling of the facility's process wastewater prior
to any treatment present at the facility that is representative of all wastewater from
all processes.
(4) The request for a monitoring waiver must be signed in accordance with Section
1 AC, and include the certification statement in 6.14 A (40 CFR 403.6(a)(2)(ii)).
(5) Non -detectable sample results may be used only as a demonstration that a
pollutant is not present if the EPA approved method from 40 CFR Part 136 with
the lowest minimum detection level for that pollutant was used in the analysis.
(6) Any grant of the monitoring waiver by the Manager must be included as a
condition in the User's permit. The reasons supporting the waiver and any
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maintained by the Manager for 3 years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the User's permit by the
Manager, the Industrial User must certify on each report with the statement in
Section 6.14 C below, that there has been no increase in the pollutant in its
wastestream due to activities of the Industrial User.
(8) In the event that a waived pollutant is found to be present or is expected to be
present because of changes that occur in the User's operations, the User must
immediately: Comply with the monitoring requirements of Section 6.4 A, or other
more frequent monitoring requirements imposed by the Manager, and notify the
Manager.
(9) This provision does not supersede certification processes and requirements
established in categorical Pretreatment Standards, except as otherwise specified in
the categorical Pretreatment Standard.
C. All periodic compliance reports must be signed and certified in accordance with Section
6.13 A of this ordinance.
D. All wastewater samples must be representative of the SIU's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a User to keep its
monitoring facility in good working order shall not be grounds for the User to claim that
sample results are unrepresentative of its discharge.
E. If an SIU subject to the reporting requirement in this section monitors any regulated
pollutant at the appropriate sampling location more frequently than required by the
Manager, using the procedures prescribed in Section 6.11 of this ordinance, the results of
this monitoring shall be included in the report. (See 40 CFR 403.12(g)(6))
6.5 Reports of Changed Conditions
Each User must notify the Manager of any significant changes (20% or more) to the User's
operations or system which might alter the nature, quality, or volume of its wastewater at
least thirty (30) days before the change.
A. The Manager may require the User to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under Section 4 of this ordinance.
B. The Manager may modify an existing wastewater discharge permit under Section 5.4 of
this ordinance or issue a wastewater discharge permit under Section 5.7 of this ordinance
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6.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug
Discharge or Slug Load, that might cause potential problems for the POTW, the User
shall immediately telephone and notify the Manager of the incident. This notification
shall include the location of the discharge, type of waste, concentration and volume, if
known, and corrective actions taken by the User.
B. Within five (5) days following such discharge, the User shall, unless waived by the
Manager, submit a detailed written report describing the cause(s) of the discharge and the
measures to be taken by the User to prevent similar future occurrences. Such notification
shall not relieve the User of any expense, loss, damage, or other liability which might be
incurred as a result of damage to the POTW, natural resources, or any other damage to
person or property; nor shall such notification relieve the User of any fines, penalties, or
other liability which may be imposed pursuant to this ordinance.
C. A notice shall be permanently posted on the User's bulletin board or other prominent
place advising employees who to call in the event of a discharge described in paragraph
A, above. Employers shall ensure that all employees, who could cause such a discharge
to occur, are advised of the emergency notification procedure.
D. SIUs are required to notify the Manager immediately of any changes at its facility
affecting the potential for a Slug Discharge.
6.7 Reports from Unpermitted Users
All Users not required to obtain a wastewater discharge permit shall provide appropriate
reports to the Manager as the Manager may require.
6.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must notify the Manager
within twenty-four (24) hours of becoming aware of the violation. The User shall also
repeat the sampling and analysis and submit the results of the repeat analysis to the
Manager within thirty (30) days after becoming aware of the violation. Resampling by the
User is not required if the City performs sampling at the User's facility at least once a
month, or if the City performs sampling at the User facility between the time when the
initial sampling was conducted and the time when the User or the City receives the results
of this sampling. (See 40 CFR 403.12 (g)(2))
6.9 Notification of the Discharge of Hazardous Waste
A. Any User who commences the discharge of hazardous waste 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. Such notification must
include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA
hazardous waste number, and the type of discharge (continuous, batch, or other). If the
User discharges more than one hundred (100) kilograms of such waste per calendar
month to the POTW, the notification also shall contain the following information to the
extent such information is known and readily available to the User: an identification of
the hazardous constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream discharged during that calendar
month, and an estimation of the mass of constituents in the wastestream expected to be
discharged during the following twelve (12) months. All notifications must take place no
later than one hundred and eighty (180) days after the discharge commences. Any
notification under this paragraph need be submitted only once for each hazardous waste
discharged. However, notifications of changed conditions must be submitted under
Section 6.5 of this ordinance. The notification requirement in this Section does not apply
to pollutants already reported by Users subject to categorical Pretreatment Standards
under the self -monitoring requirements of Sections 6.1, 6.3, and 6.4 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above, during a calendar
month in which they discharge no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and
261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes
in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during
which the User discharges more than such quantities of any hazardous waste do not
require additional notification.
C. In the case of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous
waste, the User must notify the Manager, the EPA Regional Waste Management Waste
Division Director, and State hazardous waste authorities of the discharge of such
substance within ninety (90) days of the effective date of such regulations.
D. In the case of any notification made under this Section, the User shall certify that it has a
program in place to reduce the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
E. This provision does not create a right to discharge any substance not otherwise permitted
to be discharged by this ordinance, a permit issued there under, or any applicable Federal
or State law.
6.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise
specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not
contain sampling or analytical techniques for the pollutant in question, or where the EPA
determines that the Part 136 sampling and analytical techniques are inappropriate for the
pollutant in question, sampling and analyses shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures, including
procedures suggested by the Manager.
6.11 Sample Collection
Samples collected to satisfy reporting requirements must be based on data obtained through
appropriate sampling and analysis performed during the period covered by the report, and
based on data that is representative of conditions occurring during the reporting period.
The Manager shall specify the frequency of monitoring necessary to assess and assure
compliance by the User with applicable Pretreatment Standards and Requirements.
A. Except as indicated in Section B and C below, the User must collect wastewater samples
using 24-hour flow -proportional composite sampling techniques, unless
time -proportional composite sampling or grab sampling is authorized by the Manager.
Where time -proportional composite sampling or grab sampling is authorized by the
Manager, the samples must be representative of the discharge. Using protocols
(including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA
guidance, multiple grab samples collected during a 24-hour period may be composited
prior to the analysis. Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies may be
authorized by the City, as appropriate. In addition, grab samples may be required to show
compliance with instantaneous discharge limits. (See 40 CFR 403.12(g)(3))
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports
required in Section 6.1 and 6.3 (40 CFR 403.12(b) and (d)), a minimum of four (4) grab
samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile
organic compounds for facilities for which historical sampling data do not exist; for
facilities for which historical sampling data are available, the Manager may authorize a
lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR 403.12(e)
and 403.12(h)), the Manager shall require the number of grab samples necessary to assess
and assure compliance by Users with applicable Pretreatment Standards and
Requirements. (See 40 CFR 403.12(g)(4))
6.12 Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date postmarked. For
reports, which are not mailed, postage prepaid, into a mail facility serviced by the United
States Postal Service, the date of receipt of the report shall govern.
6.13 Recordkeeping
Users subject to the reporting requirements of this ordinance shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this ordinance, any additional records of information
obtained pursuant to monitoring activities undertaken by the User independent of such
requirements, and documentation associated with Best Management Practices established
under Section 2.4 E Records shall include the date, exact place, method, and time of
sampling, and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used; and the
results of such analyses. These records shall remain available for a period of at least three
(3) years. This period shall be automatically extended for the duration of any litigation
concerning the User or the City, or where the User has been specifically notified of a longer
retention period by the Manager.
6.14 Certification Statements
A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver —The
following certification statement is required to be signed and submitted by Users
submitting permit applications in accordance with Section 4.6; Users submitting baseline
monitoring reports under Section 6.1 B (5) (See 40 CFR 403.12 (1)); Users submitting
reports on compliance with the categorical Pretreatment Standard deadlines under Section
6.3 (See 40 CFR 403.12(d)); Users submitting periodic compliance reports required by
Section 6.4 (See 40 CFR 403.12(e) and (h)), and Users submitting an initial request to
forego sampling of a pollutant on the basis of Section 6.4B(4(See 40 CFR
403.12(e)(2)(iii)). The following certification statement must be signed by an Authorized
Representative as defined in Section 1.4 C:
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.
B. Annual Certification for Non -Significant Categorical Industrial Users —A facility
determined to be a Non -Significant Categorical Industrial User by the Manager pursuant
to 1.4 HH(3) and 4.7 C (See 40 CFR 403.3(v)(2)) must annually submit the following
certification statement signed in accordance with the signatory requirements in 1.4 C (See
40 CFR 403.120(1)). This certification must accompany an alternative report required by
the Manager:
Based on my inquiry of the person or persons directly responsible for
managing compliance with the categorical Pretreatment Standards under
40 CFR , I certify that, to the best of my knowledge and belief that
during the period from to ,
[months, days, year]:
(a) The facility described as
(facility name) met the definition of a Non -Significant Categorical
Industrial User as described in 1.4 HH (3); (See 40 CFR 403.3(v)(2))
(b) The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period; and (c) the facility never
discharged more than 100 gallons of total categorical wastewater on any
given day during this reporting period.
This compliance certification is based on the following information.
C. Certification of Pollutants Not Present
Users that have an approved monitoring waiver based on Section 6.4 B must certify on
each report with the following statement that there has been no increase in the pollutant
in its wastestream due to activities of the User. (See 40 CFR 403.12(e)(2)(v))
Based on my inquiry of the person or persons directly responsible for managing
compliance with the Pretreatment Standard for 40 CFR (specify
applicable National Pretreatment Standard part(s)), I certify that, to the best of my
knowledge and belief, there has been no increase in the level of (list
pollutant(s) in the wastewaters due to the activities at the facility since filing of
the last periodic report under Section 6.4(A).
SECTION 7—COMPLIANCE MONITORING
7.1 Right of Entrv: Inspection and Samnling
The Manager shall have the right to enter the premises of any User to determine whether
the User is complying with all requirements of this ordinance and any wastewater discharge
permit or order issued hereunder. Users shall allow the Manager ready access to all parts
of the premises for the purposes of inspection, sampling, records examination and copying,
and the performance of any additional duties.
A. Where a User has security measures in force which require proper identification and
clearance before entry into its premises, the User shall make necessary arrangements with
its security guards so that, upon presentation of suitable identification, the Manager shall
be permitted to enter without delay for the purposes of performing specific
responsibilities. The City may sample and inspect without notice and at monitoring
locations other than that specified in the permit to determine compliance independent of
information supplied by the User. This sampling may be performed at locations on the
User's property and outside of any security measures.
B. All devices used to measure wastewater flow and quality shall be calibrated per the
manufacturer's specifications to ensure their accuracy. The Manager may opt to assume
control and responsibility for the operation and /or maintenance of any or all sampling or
monitoring equipment.
C. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the User at the written or verbal
request of the Manager and shall not be replaced. The costs of clearing such access shall
be borne by the User.
E. Unreasonable delays in allowing the Manager access to the User's premises shall be a
violation of this ordinance.
7.2 Search Warrants
If the Manager has been refused access to a building, structure, or property, or any part
thereof, and is able to demonstrate probable cause to believe that there may be a violation
of this ordinance, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the City designed to verify compliance with this
ordinance or any permit or order issued hereunder, or to protect the overall public health,
safety and welfare of the community, the Manager may seek issuance of a search warrant
from the Flathead County District Court.
SECTION 8—CONFIDENTIAL INFORMATION
Information and data on a User obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from the
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restriction, unless the User specifically requests, and is able to demonstrate to the
satisfaction of the Manager, that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade secrets
under applicable State law. Any such request must be asserted at the time of submission of
the information or data. When requested and demonstrated by the User furnishing a report
that such information should be held confidential, the portions of a report which might
disclose trade secrets or secret processes shall not be made available for inspection by the
public, but shall be made available immediately upon request to governmental agencies for
uses related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report. Wastewater constituents and
characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized
as confidential information and shall be available to the public without restriction.
SECTION 9—PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Manager shall publish annually, in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions served by the POTW, a list of the Users
which, at any time during the previous twelve (12) months, were in Significant
Noncompliance with applicable Pretreatment Standards and Requirements. The term
Significant Noncompliance shall be applicable to all Significant Industrial Users (or any
other Industrial User that violates paragraphs (C), (D) or (H) of this Section) and shall
mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of all the measurements taken for the same pollutant
parameter taken during a six- (6-) month period exceed (by any magnitude) a numeric
pretreatment standard or requirement, including instantaneous limits as defined in Section
2; (See 40 CFR 403.3(1)).
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of wastewater measurements taken for each pollutant parameter
during a six- (6-) month period equals or exceeds the product of the numeric Pretreatment
Standard or Requirement including Instantaneous Limits, as defined by Section 2 (See 40
CFR 403.3(1)) multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and
grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a Pretreatment Standard or Requirement as defined by Section 2
(See 40 CFR 403.3(1))(daily maximum, long-term average, instantaneous limit, or
narrative standard) that the Manager 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;
D. Any discharge of a pollutant that has caused imminent endangerment to the public or to
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halt or prevent such a discharge;
E. Failure to meet, within ninety (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;
F. Failure to provide within forty-five (45) days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with categorical
Pretreatment Standard deadlines, periodic self -monitoring reports, and reports on
compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of Best Management Practices, the
Manager determines will adversely affect the operation or implementation of the local
pretreatment program.
SECTION 10—ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
When the Manager finds that a User has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the Manager may serve upon that User a written
Notice of Violation. Within ten (10) days of the receipt of such notice, an explanation of
the violation and a plan for the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted by the User to the Manager. Submission of
such a plan in no way relieves the User of liability for any violations occurring before or
after receipt of the Notice of Violation. Nothing in this Section shall limit the authority
of the Manager to take any action, including emergency actions or any other enforcement
action, without first issuing a Notice of Violation.
10.2 Consent Orders
The Manager may enter into Consent Orders, assurances of compliance, or other similar
documents establishing an agreement with any User responsible for noncompliance. Such
documents shall include specific action to be taken by the User to correct the
noncompliance within a time period specified by the document. Such documents shall
have the same force and effect as the administrative orders issued pursuant to Sections
10.4 and 10.5 of this ordinance and shall be judicially enforceable.
10.3 Show Cause Hearing
The Manager may order a User which has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, to appear before the Manager and show cause
why the proposed enforcement action should not be taken. Notice shall be served on the
User specifying the time and place for the meeting, the proposed enforcement action, the
reasons for such action, and a request that the User show cause why the proposed
enforcement action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested) at least ten (10)
days prior to the hearing. Such notice may be served on any Authorized Representative
of the User as defined in Section 1.4 C and required by Section 4.7 A. A show cause
hearing shall not be a bar against, or prerequisite for, taking any other action against the
User.
10.4 Compliance Orders
When the Manager finds that a User has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the Manager may issue an order to the User
responsible for the discharge directing that the User come into compliance within a
specified time. If the User does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. Compliance orders also may
contain other requirements to address the noncompliance, including additional
self -monitoring and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline for compliance
established for a Pretreatment Standard or Requirement, nor does a compliance order
relieve the User of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any
other action against the User.
10.5 Cease and Desist Orders
When the Manager finds that a User has violated, or continues to violate, any provision of
this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, or that the User's past violations are likely to recur,
the Manager may issue an order to the User directing it to cease and desist all such
violations and directing the User to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation, including halting operations and/or
terminating the discharge. Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the User.
10.6 Administrative Fines
A. When the Manager finds that a User has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the Manager may fine such User in an amount not
to exceed one thousand dollars ($1000.00). Such fines shall be assessed on a per -
violation, per -day basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of violation.
B. Such assessed fines may be added to the User's next scheduled sewer service charges and
if not paid, may be collected as other delinquent utility charges under these rules and
regulations.
C. Users desiring to dispute such fines must file a written request for the Manager to
reconsider the fine along with full payment of the fine amount within ten (10) days of
being notified of the fine. Where a request has merit, the Manager may convene a
hearing on the matter. In the event the User's appeal is successful, the payment shall be
returned to the User. The Manager may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking
any other action against the User.
10.7 Emergency Suspensions
The Manager may immediately suspend a User's discharge, after informal notice to the
User, whenever such suspension is necessary to stop an actual or threatened discharge,
which reasonably appears to present, or cause an imminent or substantial endangerment to
the health or welfare of persons. The Manager may also immediately suspend a User's
discharge, after notice and opportunity to respond, that threatens to interfere with the
operation of the POTW, or which presents, or may present, an endangerment to the
environment.
A. Any User notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a User's failure to immediately comply voluntarily with the
suspension order, the Manager may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize damage to the
POTW, its receiving stream, or endangerment to any individuals. The Manager may
allow the User to recommence its discharge when the User has demonstrated to the
satisfaction of the Manager that the period of endangerment has passed, unless the
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B. A User that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the
harmful contribution and the measures taken to prevent any future occurrence, to the
Manager prior to the date of any show cause or termination hearing under Sections 10.3
or 10.8 of this ordinance.
Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency
Suspension under this Section.
10.8 Termination of Discharge
In addition to the provisions in Section 5.6 of this ordinance, any User who violates the
following conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its
discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents,
and characteristics prior to discharge;
D. Refusal of reasonable access to the User's premises for the purpose of inspection,
monitoring, or sampling; or
E. Violation of the Pretreatment Standards in Section 2 of this ordinance.
Such User will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 10.3 of this ordinance why the proposed action should
not be taken. Exercise of this option by the Manager shall not be a bar to, or a prerequisite for,
taking any other action against the User.
SECTION 11—JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
When the Manager finds that a User has violated, or continues to violate, any provision of
this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the Manager may petition Flathead County District
Court through the City's Attorney for the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance of the wastewater
discharge permit, order, or other requirement imposed by this ordinance on activities of the
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equitable relief, including a requirement for the User to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a User.
11.2 Civil Penalties
A. A User who has violated, or continues to violate, any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement shall be liable to the City for a maximum civil penalty of one
thousand dollars ($1000.00) per violation, per day. In the case of a monthly or other
long-term average discharge limit, penalties shall accrue for each day during the period of
the violation.
B. The Manager may recover reasonable attorneys' fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring expenses, the
cost of any actual damages incurred by the City, and an additional six percent (6%)
administrative fee.
C. In determining the amount of civil liability, the Court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration of the violation, any economic benefit gained through the
User's violation, corrective actions by the User, the compliance history of the User, and
any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a User.
11.3 Criminal Prosecution
If any User discharges sewage, industrial wastes or other wastes into the City's POTW
contrary to the provisions of these Rules and Regulations, or any orders or permits issued
hereunder, the City's attorney may commence an action for appropriate legal relief. In
cases of possible criminal action, the City shall make a referral to an appropriate law
enforcement agency.
11.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Manager may take any,
all, or any combination of these actions against a noncompliant User. Enforcement of
pretreatment violations will generally be in accordance with [the City's] enforcement
response plan. However, the Manager may take other action against any User when the
circumstances warrant. Further, the Manager is empowered to take more than one
enforcement action against any noncompliant User.
SECTION 12—SUPPLEMENTAL ENFORCEMENT ACTION
12. 1 Performance Bonds
The Manager may decline to issue or reissue a wastewater discharge permit to any User
who has failed to comply with any provision of this ordinance, a previous wastewater
discharge permit, or order issued hereunder, or any other Pretreatment Standard or
Requirement, unless such User first files a satisfactory bond, payable to the City, in a sum
not to exceed a value determined by the Manager to be necessary to achieve consistent
compliance.
12. 2 Liability Insurance
The Manager may decline to issue or reissue a wastewater discharge permit to any User
who has failed to comply with any provision of this ordinance, a previous wastewater
discharge permit, or order issued hereunder, or any other Pretreatment Standard or
Requirement, unless the User first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge.
12. 3 Payment of Outstanding Fees and Penalties
The Manager may decline to issue or reissue a wastewater discharge permit to any User
who has failed to pay any outstanding fees, fines or penalties incurred as a result of any
provision of this ordinance, a previous wastewater discharge permit, or order issued
hereunder.
12.4 Water Supply Severance
Whenever a User has violated or continues to violate any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard
or Requirement, City water service to the User may be severed. Service will recommence,
at the User's expense, only after the User has satisfactorily demonstrated its ability to
comply.
12. 5 Public Nuisances
A violation of any provision of this ordinance, a wastewater discharge permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement is hereby declared a
public nuisance and shall be corrected or abated as directed by the Manager. Any person(s)
creating a public nuisance shall be subject to the provisions of the City Code (Ord. 1634, 3-
3-2008) governing such nuisances, including reimbursing the City for any costs incurred in
removing, abating, or remedying said nuisance.
17 A C nntrAPtnr T ietincT
Users which have not achieved compliance with applicable Pretreatment Standards and
Requirements are not eligible to receive a contractual award for the sale of goods or
services to the City. Existing contracts for the sale of goods or services to the City held by
a User found to be in Significant Noncompliance with Pretreatment Standards or
Requirements may be terminated at the discretion of the Manager.
SECTION 13—AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Upset
A. For the purposes of this Section, upset means an exceptional incident in which there is
unintentional and temporary noncompliance with categorical Pretreatment Standards
because of factors beyond the reasonable control of the User. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
B. An upset shall constitute an affirmative defense to an action brought for noncompliance
with categorical Pretreatment Standards if the requirements of paragraph (C), below, are
met.
C. A User who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(1) An upset occurred and the User can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman -like manner
and in compliance with applicable operation and maintenance procedures; and
(3) The User has submitted the following information to the Manager within twenty-four
(24) hours of becoming aware of the upset (if this information is provided orally, a
written submission must be provided within five (5) days):
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not corrected,
the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
D. In anv enforcement nroceedina. the User seeking to establish the occurrence of an nrnet
shall have the burden of proof.
E. Users shall have the opportunity for a judicial determination on any claim of upset only
in an enforcement action brought for noncompliance with categorical Pretreatment
Standards.
F. Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost, or fails.
13.2 Prohibited Discharge Standards
A User shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 2.1(A) of this ordinance or the
specific prohibitions in Sections 2.1(B) of this ordinance if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges
from other sources, would cause Pass Through or Interference and that either:
A. A Local Limit exists for each pollutant discharged and the User was in compliance with
each limit directly prior to, and during, the Pass Through or Interference; or
B. No Local Limit exists, but the discharge did not change substantially in nature or
constituents from the User's prior discharge when the City was regularly in compliance
with its NPDES permit, and in the case of Interference, was in compliance with
applicable sludge use or disposal requirements. (See 40 CFR 403.5(a)(2))
13.3 Bypass
A. For the purposes of this Section:
(1) Bypass means the intentional diversion of wastestreams from any portion of a User's
treatment facility.
(2) Severe property damage means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
B. A User may allow any bypass to occur which does not cause Pretreatment Standards or
Requirements to be violated_ but only if it also is for essentinl maintenance to nssnre
efficient operation. These bypasses are not subject to the provision of paragraphs (C) and
(D) of this Section.
C. Bypass Notifications
(1) If a User knows in advance of the need for a bypass, it shall submit prior notice to the
Manager, at least ten (10) days before the date of the bypass, if possible.
(2) A User shall submit oral notice to the Manager of an unanticipated bypass that
exceeds applicable Pretreatment Standards within twenty-four (24) hours from the
time it becomes aware of the bypass. A written submission shall also be provided
within five (5) days of the time the User becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause; the duration of the
bypass, including exact dates and times, and, if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the bypass. The Manager may waive the
written report on a case -by -case basis if the oral report has been received within
twenty-four (24) hours.
D. Bypass
(1) Bypass is prohibited, and the Manager may take an enforcement action against a User
for a bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(b) There were no feasible alternatives to the bypass, 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 bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
(c) The User submitted notices as required under paragraph (C) of this section.
(2) The Manager may approve an anticipated bypass, after considering its adverse
effects, if the Manager determines that it will meet the three conditions listed in
paragraph (13)(1) of this Section.
SECTION 14—MISCELLANEOUS PROVISIONS
14.1 Pretreatment Charges and Fees
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the
Citv's Pretreatment Program. which may include -
A. Fees for wastewater discharge permit applications including the cost of processing such
applications;
B. Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a User's discharge, and reviewing monitoring reports and
certification statements submitted by Users;
C. Fees for reviewing and responding to accidental discharge procedures and construction;
D. Fees for filing appeals;
E. Fees to recover administrative and legal costs (not included in Section 15.1 B) associated
with the enforcement activity taken by the the Manager to address IU noncompliance;
and
F. Other fees as the City may deem necessary to carry out the requirements contained
herein. These fees relate solely to the matters covered by this ordinance and are separate
from all other fees, fines, and penalties chargeable by the City.
14.2 Cost Recovery
The City may recover damages, reasonable attorney fees, court costs, and other expenses of
litigation by appropriate suit at law against the person found to have violated these
regulations or any permits issued hereunder which violation causes damages to the POTW
or additional enforcement or operations and maintenance expenses to the City.
14.3 Leased/Rental Property
In situations involving leased or rented property, not resolved with the tenant, the owner or
authorized representative of the property shall be notified of continued violations and is
responsible for assuring compliance with the standards and requirements of this regulation.
SECTION 15— EFFECTIVE DATE
This Ordinance shall be effective thirty (30) days from and after the date of its final passage and
approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS DAY OF AUGUST, 2009.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk