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TITLE 5 PUBLIC UTILITIES AND PROPERTY

CHAPTER 2 SEWER USE

SECTION 5-2-3 CONTROL OF PROHIBITED WASTES

   
  (A)          Regulatory Actions. If wastewaters containing any substance described in section 5-2-2 are discharged or proposed to be discharged into the sewer system of the City or to any sewer system tributary thereto, the Director and City Attorney may take any action necessary to:
  (1)   Prohibit the discharge of such wastewater.
  (2)   Require a discharger to demonstrate that onsite modifications will reduce or eliminate the discharge of such substances in conformity with this chapter.
  (3)   Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate
  these rules and regulations.
  (4)   Require the person making, causing or allowing the discharge to pay any additional cost or expenses, or fines, or penalties, incurred by the City for handling and treating excess loads imposed on the treatment system. 
   
  (5)   Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this chapter.
   
  (B)           Submission of Plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the Director for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations, or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the Director.
   
  (C)          Pretreatment Facilities Operations. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws.
   
  (D)          Admission to Property. Whenever it shall be necessary for the purposes of these rules and regulations, the Director, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of (1) copying any records required to be kept under the provisions of this chapter, (2) inspecting and monitoring equipment or method, and (3) sampling any discharge or wastewater to the treatment works. The Director may enter upon the property at any hour under emergency circumstances.
   
  (E)           Protection from Accidental Discharge. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review, and shall be approved by him before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this chapter.
   
  (F)           Reporting of Accidental Discharge. If, for any reason, a facility does not comply with any prohibition or limitations in this chapter, the facility responsible for such discharge shall immediately notify the Director so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the Director detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges, shall be filed by the responsible industrial facility within five (5) days of the occurrence of the noncomplying discharge.
   
  (G)          Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Superintendent shall notify all affected Users of the applicable reporting requirements under 40 CFR, Section 403.12.
   
  (H)          Modification of Federal Categorical Pretreatment Standards. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standards. "Consistent Removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system 95 percent (95%) of the samples taken when measured according to the procedures set forth in Section 403.7(c) (2) of Title 40 of the Code of Federal Regulations, Part 403 - "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the Approval Authority is obtained.