GENERAL PROVISIONS

Sec. 15 B-1. Purpose and Policy
 
This Ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW(s)) which treat wastewater generated within the City of Odessa wastewater collection system and enables the City of Odessa to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code 1251 et seq.), and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The act and regulations are incorporated herein by reference for the purpose of establishing the intent of the Ordinance and defining its terms. The objectives of this Ordinance are:  

1. To prevent the introduction of pollutants into the POTW(s) that will interfere with its operation
   
2. To prevent the introduction of pollutants into the POTW(s) that will pass through the POTW(s) inadequately treated, into receiving waters, or otherwise be incompatible with the POTW(s);
   
3. To protect both POTW(s) personnel, who may be affected by wastewater and sludge in the course of their employment, and the general public;
   
4. To protect reuse and recycling of wastewater as well as future recycling of sludge from the    POTW(s);
   
5. To ensure compliance with the permits issued by the State or Federal government, effluent use and/or sludge use and disposal requirements, and any other Federal or State laws to which the POTW(s) is subject.

Sec. 15 B-2. Administration

The Director of Utilities is delegated the authority and is charged with the responsibility to implement and approve administrative regulations, operate, administer, and enforce for the City of Odessa the Federal Water Pollution Control Act, also known as the Clean Water Act, and all applicable Federal and State regulations and the provisions of this Ordinance. Any powers granted to or duties imposed upon the Director of Utilities may be delegated by the Director of Utilities to other City of Odessa personnel.

Sec. 15 B-3. Abbreviations

The following abbreviations, when used in this Ordinance, shall have the designated meanings:

* BOD - Biochemical Oxygen Demand
* CFR - Code of Federal Regulations
* EPA - U.S. Environmental Protection Agency
* gpd - gallons per day
* mg/L - milligrams per liter
* NPDES - National Pollutant Discharge Elimination System
* POTW - Publicly Owned Treatment Works
* RCRA - Resource Conservation and Recovery Act
* SIC - Standard Industrial Classification
* TPDES - Texas Pollutant Discharge Elimination System
* U.S.C. - United States Code

Sec. 15 B-4. Definitions

Unless a provision explicitly states otherwise, the following terms and phrases, as used in the Ordinance, shall have the meaning hereinafter designated.

Act or " the Act"  - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

Approval or Approved - The City or Director of Utilities accepts as satisfactory based upon the available data or finds that there is not an objection with the proposal as submitted. It is the sole responsibility of the user to demonstrate compliance with this Ordinance or other applicable regulations.

Approval Authority - The chief administrative officer in an NPDES State with an approved State pretreatment program.

Authority Local Limit - Technically based pretreatment requirement established by the Director to be implemented as a concentration limit as necessary to prevent pass-through and/or interference at the Odessa South Regional Wastewater Facility which is a POTW operated by Gulf Coast Waste Disposal Authority and treats wastewater generated within the City of Odessa wastewater collection system.

Authorized Representative - An authorized representative shall be:

1. If the user is a corporation:
   

   1. 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
      

   2. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if 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 government facility: a director or highest official appointed, designated, or elected to oversee the operation and performance of the activities of the government facility, or their designee.
    

4. The individuals described in paragraphs a. through c. above may designate another 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 Director of Utilities.

Biochemical Oxygen Demand or BOD - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g. mg/L).

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. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

City - City of Odessa or the Council of the City of Odessa. Also Control Authority.

Commercial User - Non-domestic source which discharges process water in quantities less than 10,000 gpd.

Composite Sample - A sample composed of two or more individual portions taken at different time periods and combined into one sample based on equal volumes or volume proportioned to flow.

Contribute - Discharge into a POTW treating wastewater generated within the City of Odessa wastewater collection system.

Control Authority - The City of Odessa.

Director or Director of Utilities - Person designated by the City Manager to supervise the operation of the City'
s POTW, and who is charged with certain duties and responsibilities by this Ordinance, or the Director's duly authorized representative.

Discharge or Indirect Discharge - To deposit, conduct, drain, emit, run, allow to seep or leak or otherwise release a water, wastewater, or pollutant from a non-domestic source.

Effluent - Treated, untreated, or partially treated wastewater flowing out of any wastewater treatment facility.

Environmental Protection Agency or EPA - The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

Existing Source - Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

Grab Sample - An individual sample which is collected without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

Industrial User - User who discharges process water in excess of 10,000 gpd.

Instantaneous Maximum Allowable Discharge Limit - The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any grab or composite sample collected, independent of the flow rate and the duration of the sampling event.

Interference - A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW(s), its treatment processes or operations, or its sludge processes, effluent and/or sludge use or disposal; and therefore, is a cause of a violation of the TPDES permit of the POTW(s) treating wastewater generated within the City of Odessa wastewater collection system, or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, or any more stringent State or local regulation; 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 Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

Local Limit -  A technically based pretreatment standard specifically established by the Director to meet the objectives defined in Section 15 B-1 of this Ordinance for the POTW operated by the City of Odessa.

May - Permissive or discretionary.

New Source - Source of a discharge from:

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 307C of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
   

   1. The building, structure, facility or installation is constructed at a site at which no other source is located; or
      

   2. The building, structure, facility or installation is constructed at a site at which no other source is located; or
      

   3. The production of 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 the existing source will be considered.
      

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.a., 2, or 3 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:
   

   1. Begun, or caused to begin, as part of a continuous onsite construction program
      

      1. any placement, assembly, or installation of facilities or equipment; or
         

      2. significant 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
         

   2. 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 with substantial loss, and contracts for feasibility, engineering, and design studies do not constitute obligation under this paragraph.

Non-contact Cooling Water - Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NPDES State -  State (as defined by 40 CFR 122.2) or Interstate water pollution control agency with an NPDES permit program approved pursuant to Section 402(b) of the Act.

Pass Through - A discharge which exits the POTW(s) in its effluent in quantities or concentrations which alone, or in combination with a discharge or discharges from other sources, is a cause of a violation of any requirement of the TPDES permit of a POTW treating wastewater generated within the City of Odessa wastewater collection system, including an increase in the magnitude or duration of a violation.

Permit - A permit except where specifically stated, shall refer to the documents issued by the Control Authority under the conditions of the Pretreatment Program to applicable users to control discharge to the POTW(s).

Person - Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal or authorized representatives, agents, or assigns. This definition includes all Federal, State, and local entities.

pH - Logarithm of the reciprocal of the hydrogen ion concentration of a solution, expressed in Standard Units (SU).

Pollutant - Substances such as, but not limited to 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 other matter with certain wastewater characteristics (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor, etc.).

Pretreatment - The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties to a less harmful state prior to, or in lieu of, introducing such pollutants into the POTW(s). 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.

Pretreatment Program - Approval authority required and approved program which regulates discharges to the POTW(s) which may cause interference or pass through, provides mechanisms for controlling these discharges, and allows for enforcement actions when violations of the program conditions occur.

Pretreatment Requirement - Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment Standard - Prohibited discharge standards, categorical pretreatment standards, and local limits.
Process Water - All wastewater, excluding sanitary wastes, non-contact cooling water, and boiler blow down.
Publicly Owned Treatment Works or POTW - A "treatment works", as defined by Section 212 of the Act (33 U.S.C. 1292) which treats wastewater discharged to the City of Odessa wastewater collection system and which is owned by a municipality as defined by Section 502 (4) of the Act (33 U.S.C. 1362(4)). This definition includes any devices or systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances which are used to convey wastewater to the treatment plant.

Sewage - Domestic wastes including human excrement and gray water (household showers, dishwashing operations, etc.).

Septic Tank Waste - Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Shall - mandatory.

Significant Change - Modification to a user's processes that would result in:

1. A change to the user classification as defined by this Ordinance due to discharge flows (e.g. commercial to industrial user).
   
2. A 20% or greater increase or decrease in the flow discharges to the POTW(s) by a significant industrial user.
   
3. Violations in a pretreatment standard due to an increase in pollutant loading.
   
4. The addition of a categorical process at the facility site irregardless of whether wastewater from the categorical process will be discharged to the POTW(s).

Significant Industrial User -

1. A user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and;
   
2. A user that:
   

   1. Discharges an average of twenty-five thousand (25,000) gpd or more of process water to the POTW(s) (excluding sanitary, non-contact cooling water, and boiler blow down wastewater); or
      

   2. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW(s) treatment plant; or
      

   3. 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 a pretreatment standard or requirement.
      

3. Upon a finding that a user meeting the criteria in subsection b. 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 significant industrial user.

Significant Noncompliance -

1. Chronic violations of wastewater discharge limits are those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
   
2. Technical Review Criteria (TRC) violations are those in which thirty-three percent or more of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
   
3. Any other violation of the pretreatment effluent limit (daily maximum or longer-term average) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTWs personnel or the general public);
   
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW(s)'
    exercise of its emergency authority to halt or prevent such a discharge;
   
5. Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in the user'
   s permit or enforcement order for starting construction, completing construction, or attaining final compliance.
   
6. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
   
7. Failure to accurately report noncompliance.
   
8. Any other violation or group of violations which is determined by the Control Authority will adversely affect the operation or implementation of the City'
   s pretreatment program.

Slug Load or Slug - Any discharge at a flow rate or concentration over a time period which could cause a violation of the prohibited discharge standards in Section 15 B-5, 6, 7 and 8 of this Ordinance or other standards as determined by the Director.

Storm Water - Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Suspended Solids - The total suspended matter that floats on the surface or suspended in water, wastewater, or other liquid, and which is removable by laboratory filtering.

User - Any owner, tenant, or person who is in charge of, is responsible for a source of a discharge or indirect discharge to the POTW(s).

Wastewater - Liquid and water-carried non-domestic wastes and sewage from residential dwellings, commercial or public buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW(s).

Wastewater Treatment Plant or Treatment Plant - That portion of the POTW(s) which is designed to provide treatment of sewage and wastewater.

GENERAL SEWER USE REQUIREMENTS
 
Sec. 15 B-5. General Discharge Prohibitions

No user shall introduce or cause to be introduced into the POTW(s) any pollutant or wastewater which causes pass through or interference as defined by this Ordinance. These general prohibitions apply to all users of the POTW(s) whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standard or requirements.

Sec. 15 B-6. Specific Discharge Prohibitions

1. No user, irregardless or whether they are subject to categorical pretreatment standards or any other Federal, State or local pretreatment standard, shall discharge or cause to be discharged into the POTW(s) the following pollutants, substances, or wastewater:
   

   1. Wastewater containing heat in amounts which will inhibit biological activity at the POTW(s) resulting in interference, but in no case heat in such quantities that the temperature at the introduction to the treatment plant will exceed 104°F (40°C) and in no case greater than 135°F (57°C) at the user's discharge point.
      

   2. Pollutants which create a fire or explosive hazard in the POTW(s), including, but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21.
      

   3. Wastewater having a pH of less than 5.5 or more than 10.5, or having any corrosive causing property capable of causing damage or hazards to a structure, equipment or personnel of the POTW(s).
      

   4. Solid or viscous substances in amounts which will cause obstruction of the flow to the POTW(s) resulting in interference but in no case solids greater than ½" in any dimension.
      

   5. 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(s).
      

   6. Petroleum oil, non-biodegradable 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(s) in a quantity that may cause acute worker health and safety problems.
      

   8. Trucked or hauled wastes and/or pollutants, including hazardous wastes and wastes originating from sand/grit traps, grease traps and septic tanks unless this Ordinance is amended to accept non-hazardous trucked wastes.
      

   9. Storm water, surface water, contaminated ground water, artesian well water, roof runoff, and subsurface drainage unless specifically authorized by the Director.
      

   10. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes is capable of causing objectionable odors, hazard to life, or which forms solids in concentrations exceeding limits established or which creates any other condition deleterious to structures or treatment processes; or requires unusual provisions, alterations, or expense to handle, or prevents entry into the sewers for maintenance and repair.
       

   11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable Federal or State regulations.
       

   12. 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 impart color to the treatment plant's effluent.
       

   13. Sludges, screenings, solids, suspended solids, slurries, or viscous substances in amounts capable of causing obstructions or interference in the operation of the POTW(s).
       

   14. Wastewater causing, or which could cause, alone or in conjunction with other sources, POTW(s) effluent to fail a toxicity test.
       

   15. Detergents, surface-active agents, or other substances in concentrations that may cause excessive foaming in the POTW(s).
       

   16. Any wastewater having visible oil or grease, oil or grease in sufficient quantities to deposit in the collection system or have other deleterious effects on the treatment process or POTW(s), or which is not amenable to bacterial action.
       
2. If it is determined that a user is contributing any of the prohibited substances in concentrations which will cause interference and/or pass through or will adversely impact the reuse program, sludge disposal alternatives, or the normal operating procedures of the POTW(s), the Director may develop effluent limitations for the user to address the impact of the discharges to the POTW(s) or require the user to discontinue the contribution.

Sec. 15 B-7. National Categorical Pretreatment Standards

The categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.

1. Where a categorical pretreatment standard is expressed in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
   
2. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e) or require the segregation of categorical and non-categorical waste streams.
   
3. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standards.
   
4. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
   
5. The more stringent limitation, whether categorical, or local, or Authority Local Limit shall be applied.

Sec. 15 B-8. Local Limits

1. The following pollutant limitations other than those specified as Authority Local Limits are established to protect against pass through and interference at the City of Odessa'
   s POTW.
   
   1. All significant industrial users and industrial users shall comply with the following instantaneous maximum allowable discharge limits at the point of discharge to the POTW(s) unless otherwise specified by the applicable regulation. These limitations may be applied to other users by the Director if necessary to comply with the objectives of Section 15 B-1.
      
      Instantaneous Maximum Allowable Discharge Limit
      mg/L
      
      Total Arsenic 2.0
      Total Cadmium 2.4
      Total Chromium 1.0
      Total Copper 0.7
      Total Lead 0.6
      Total Mercury 0.5
      Total Nickel 5.9
      Total Selenium 2.0
      Total Silver 0.6
      Total Zinc 3.4
      Total Cyanide 1.7
      
   2. The Director may impose on any user mass limitations in addition to, or in place of, the concentration-based limitations listed in Paragraph b. of this Section.
      
   3. If it is determined that discharges of oil and grease from a user may be or are adversely impacting the POTW(s), an oil and grease limit or surcharge may be imposed by the Director. If adequate sampling facilities for oil and grease are not available, the Director may require the user to install the facilities at the user'
      s expense as specified in Section 15B.35.b.
      
      
2. Authority Local Limits
   
   As necessary to prevent Pass Through and/or Interference at the Odessa South Regional POTW, the Director may also include Authority Local Limits and/or pretreatment requirements as prescribed in the Supplemental Agreement in the wastewater discharge permit of significant industrial users or other users whose wastewater is treated at the Odessa South Regional POTW operated by Gulf Coast Waste Disposal Authority. Authority Local Limits and/or pretreatment requirements included in wastewater discharge permits shall be enforced according to the conditions set out in the wastewater discharge permit and the Enforcement Response Plan and Guide.

Sec. 15 B-9. Right of Revision

The Control Authority reserves the right to establish, by Ordinance or by permit, more stringent standards or requirements on discharges to the POTW(s) in order to accomplish the objectives set forth in Section 15 B-1.
Sec. 15 B-10. Dilution

1. No user shall ever use potable or process water 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.
   
2. No dilution or mixing of separate waste streams will be allowed for a discharge regulated by a categorical pretreatment standard unless the combined waste stream formula is applied or is allowed by the categorical pretreatment standard.
   
3. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements.

Sec. 15 B-11. User Responsibility

It is the responsibility of each user to be knowledgeable of all regulations applicable to the user. Failure of the City to notify an existing or new user of Federal or State regulations shall not relieve the user of the burden of compliance.

 

PRETREATMENT REQUIREMENTS
 
Sec. 15 B-12. Pretreatment Measures

1. Users shall provide wastewater treatment as necessary to comply with this Ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, Authority Local Limits and/or pretreatment requirements including other measures implemented by Gulf Coast Waste Disposal Authority, and prohibitions set forth in this Ordinance within the time frame specified by EPA, the State, or the Director, whichever is more stringent.
   
2. Pretreatment facilities necessary for compliance must be provided, operated, inspected, and maintained at the user'
   s expense.
   
3. Detailed plans describing pretreatment facilities and their operating procedures shall be submitted to the Director for review and shall be approved by the Director prior to construction of the facilities. 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 Control Authority under the conditions of this Ordinance.
   
4. Subsequent significant changes in the pretreatment facilities or methods of operation must be reported to and be acceptable to the Control Authority prior to the initiation of the changes.
   
5. The Director may require users, at the user'
   s expense, to restrict their discharge during peak flow periods, discharge certain wastewater only into specifically designated sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from process waste streams, and initiate such other conditions as may be necessary to protect the POTW(s) and determine the user'
   s compliance with the requirements and objectives of this Ordinance.
   
6. The Director may require any user discharging to the POTW(s) to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow or compliance prior to discharge.
   
7. Grease, oil, and sand interceptors shall be provided by the user when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil, or sand, except that such interceptors shall not be required for property solely used for residential purposes. All interception units shall be of type and capacity approved by the City'
   s Building and Inspection Department and shall be so located so as to be easily accessible for cleaning and inspection.
   
8. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at the user'
   s expense.

Sec. 15 B-13. Accidental Discharge/Slug Control Plans and Facilities

1. At least once every two (2) years, the Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan.
   
2. When conditions may exist that reasonably could result in an accidental or slug discharge, the Director may require any user to develop, submit for approval, and implement an accidental discharge/slug plan. Review and approval of the plan shall not relieve the user from any responsibility associated with an accidental/slug discharge.
   
3. The accidental discharge/slug control plan shall address, at a minimum, the following:
   
   1. Description of discharge practices, including non-routine batch discharges;
      
   2. Description of stored chemicals;
      
   3. Procedures for immediately notifying the Director of any accidental or slug discharges, as required by Section 15 B-29 of this Ordinance.
      
   4. Procedures to prevent adverse impact from any accidental or slug discharge, including, but 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, monitoring, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and plans and equipment for emergency response.
      
4. Each user, deemed necessary by the Director, shall provide and maintain at the user'
   s expense such facilities determined to be necessary to provide protection from accidental or slug discharges. Design specifications for these facilities must be submitted to the Director for review and approval. Review and approval of such specifications shall not relieve the user from the responsibility of modifying the facility to meet the requirements of this Ordinance.
   
5. When deemed necessary by the Director because of a reasonable risk of an accidental or slug discharge, a notice shall be permanently posted in conspicuous places on the user'
   s premises advising employees who to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover a discharge concerning emergency notification procedures.

WASTEWATER DISCHARGE APPLICATIONS

Sec. 15 B-14. Wastewater Discharge Applications - Requirements

1. The Director shall provide an application requesting users to provide information necessary to evaluate discharges to the POTW(s) and satisfy EPA requirements.
   
2. Existing users shall update the application under the following conditions:
   
   1. A minimum of every five (5) years.
      
   2. If significant changes to the user's operations (e.g. additional waste streams, increased discharge volume, additional or increased pollutants, addition of a categorical waste stream, etc.) cause the application filed with the City to be inaccurate.
      
   3. If a significant industrial user is currently operating under a wastewater discharge permit issued by the Director and is discharging wastewater into the POTW(s) prior to the effective date of this Ordinance and wishes to continue such discharges in the future, the user shall, within ninety (90) days after said date, or for a shorter time period if allowed by the Director, submit a revised wastewater discharge application in accordance with Section 15 B-14 of this Ordinance, and shall not cause or allow discharges to the POTW(s) to continue after one hundred eighty (180) days of the effective date of this Ordinance except in accordance with a wastewater discharge permit reissued by the Director.
      
   4. The application required by Paragraph b. of this Section must include a statement as to whether or not discharges from the significant industrial user will be in compliance with the conditions of this Ordinance. If additional pretreatment and/or operational and maintenance activities will be required to comply with the conditions of this Ordinance, the user shall provide:
      
      1. Detailed plans showing the pretreatment facilities and operating procedures for the Control Authority to review prior to construction of the facilities. The review of such plans and operational procedures will in no way relieve the user of modifying the facilities or procedures as necessary to produce an effluent which is in compliance with the requirements of this Ordinance.
         
      2. Declaration of the shortest schedule by which the pretreatment facilities will be built or operational changes implemented. Increments of progress, including completion of major events leading to final compliance, shall be included. No increment shall exceed nine (9) months.
         
      3. Other requirements as deemed necessary by the Director may be imposed if necessary to comply with the objectives of Section 15 B 1 of this Ordinance.
         
3. New Users
   
   1. In order to comply with the objectives of Section 15 B-1, any user, deemed necessary by the Director, who proposes to begin or recommence discharging into the POTW(s) must complete such application prior to the beginning or recommencing of such discharge.
      
   2. Wastewater discharge applications are mandatory for significant industrial users proposing to begin or recommence discharge to the POTW(s).
      
4. The Control Authority reserves the right to take the following time periods from the receipt of the completed application to review the application information to determine the conditions which must be met prior to discharge.
   
   1. New users -  thirty (30) days.
      
   2. Significant industrial users - one hundred eighty (180) days.
      
   3. Existing users who propose to implement process changes that will result in changing their user classification to industrial user or significant industrial user - one hundred eighty (180) days.
      
5. Incomplete or accurate applications will not be processed and will be returned to the user for revision. The time frame established in Paragraph d. of this section will not begin until the Control Authority receives an application which it deems to be complete.

Sec. 15 B-15. Wastewater Discharge Application - Contents

1. All users required to complete a wastewater discharge application must submit an application provided by the Director. The following information may be required as a part of the application:
   
   1. Information, in part or whole, as required by Section 15 B-25 of this Ordinance;
      
   2. Description of activities, Standard Industrial Classification Code, facilities, and plant processes on the premises, including 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(s);
      
   3. Number of employees, hours of operation, and proposed or actual hours of operation;
      
   4. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size and location, and all points of discharge;
      
   5. Time and duration of the discharge; and
      
   6. Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge application.

Sec. 15 B-16. Application Signatories and Certification

The wastewater discharge application and reports required by Wastewater Discharge Permits or as designated by the Director must be signed by an authorized representative as defined by this Ordinance and contain the following certification statement:

"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."

WASTEWATER DISCHARGE PERMITS

Sec. 15 B-17. Wastewater Discharge Permit Required

1. No significant industrial user shall discharge wastewater to the POTW(s) without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user who has filed a timely application as required by Section 15 B-14 of this Ordinance may continue to discharge for the time period specified therein.
   
2. The Director may require a user to obtain a wastewater discharge permit if necessary to carry out the purposes and objectives of this Ordinance.

Section 15 B-18. Wastewater Discharge Permit Decisions

1. The Director will evaluate the application submitted by the user in the time frame specified in Section 15 B-14 d. and may require additional information. After review, the Director will determine whether the user meets the requirements of this Ordinance and whether a wastewater discharge permit can be issued or reissued.
   
2. The Director may deny any application for a wastewater discharge permit which requests new or increased contributions to the POTW(s) which does not meet the objectives set forth in Section 15 B-1, or for which a permit is no longer required.

Section 15 B-19. Wastewater Discharge Permit Conditions

1. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treated effluent from the POTW(s), safeguard worker health and safety, facilitate sludge management and disposal, protect against damage to the POTW(s), and maintain reuse alternatives.
   
2. Wastewater discharge permits shall contain, and the permittee shall approve and consent to, at a minimum, the following conditions:
   
   1. Duration of the term of the permit which will not exceed five (5) years;
      
   2. A statement that the wastewater discharge permit is not transferable without prior notification to the Director in accordance with Section 15 B-22 of this Ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
      
   3. Effluent limits based on applicable pretreatment standards;
      
   4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law, and;
      
   5. 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, and local law;
      
   6. Right of entry and search warrants and other remedies as provided herein;
      
   7. Other requirements and/or conditions found necessary by the Director to comply with the objectives of this Ordinance.

Section 15 B-20. Wastewater Discharge Permit Appeals

1. The permittee may petition the Director to reconsider the terms of a wastewater discharge permit within thirty (30) days of its issuance. Failure to submit a petition for review shall be deemed to be a waiver of the administrative appeal.
   
2. In the petition, the permittee must indicate the wastewater discharge permit provision objected to, the reasons for the objection, and the alternative condition, if any, the permittee seeks to place in the wastewater discharge permit.
   
3. The conditions of the wastewater discharge permit shall not be stayed pending the appeal.
   
4. If the Director fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.

Section 15 B-21. Wastewater Discharge Permit Modifications

1. The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following:
   
   1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.
      
   2. To address significant alterations or additions to the permittees operations, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
      
   3. A change in the POTW(s) that requires a temporary or permanent reduction or elimination of the authorized discharge;
      
   4. Information indicating that the permitted discharge poses a threat to the POTW(s') personnel, reuse alternatives, sludge disposal, or the receiving stream;
      
   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. Revisions of or a grant of a variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
      
   8. To correct typographical or other errors in the wastewater discharge permit; or
      
   9. To reflect a transfer of the facility ownership or operation to a new owner or operator allowed under the conditions of this Ordinance.
      
2. A permittee is responsible for notifying the Control Authority of significant changes to its flow, pollutant discharges, categorical status, or other conditions which may result in the need for permit modifications.

Sec. 15 B-22. Wastewater Discharge Permit Transfers

1. Wastewater discharge permits may be transferred to a new user only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new user which:
   
   1. States that the new user has no intent to change the facility's operations and processes at the time of the transfer of ownership;
      
   2. Identifies the specific date on which the transfer is to occur; and
      
   3. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
      
2. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of the property transfer.

Sec. 15 B-23. Wastewater Discharge Permit Revocation

1. The Director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
   
   1. Failure to provide prior notification to the Director of significant changes to the permittees discharges;
      
   2. Failure to provide prior notification to the Director of changed conditions as defined in Section 15 B-21.b. of this Ordinance;
      
   3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
      
   4. Falsification of self-monitoring reports;
      
   5. Tampering with monitoring equipment;
      
   6. Refusing to allow the Director timely access to the subject premises and records;
      
   7. Failure to meet effluent limitations;
      
   8. Failure to pay fines or sewer charges;
      
   9. Failure to meet compliance schedules;
      
   10. Failure to complete a wastewater discharge application;
       
   11. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
       
   12. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Ordinance.
       
2. If the Director determines that there is sufficient cause to revoke a permit, the permittee will be notified and offered the opportunity to show cause under the conditions of this Ordinance why the proposed action should not be taken.
   
3. Wastewater discharge permits shall be revoked upon cessation of operations.
   
4. All prior wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

Sec. 15 B-24. Wastewater Discharge Permit Reissuance

A permittee with an expiring wastewater discharge permit shall apply for a wastewater discharge permit Reissuance by submitting a complete permit application, in accordance with Section 15 B-14 of this Ordinance, a minimum of ninety (90) days prior to the expiration of the existing wastewater discharge permit unless a shorter time frame is authorized by the Director due to extenuating circumstances.

REPORTING REQUIREMENTS

Sec. 15 B-25. Baseline Monitoring Reports

1. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under 40 CFR 403.6(a)(4), whichever is later, existing users or categorical users currently discharging to or scheduled to discharge to the POTW(s) shall submit to the Director a report which contains the information listed in paragraph b of this Section. At least ninety (90) days prior to commencement of their discharge, or for a shorter time period if authorized by the Director, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in paragraph b of this Section. 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.
   
2. Users described above shall, at a minimum, submit the information set forth below:
   
   1. Identification Information. The name and address of the facility, including the name of the operator and owner. Description of the type of entity such as partnership, corporation, or sole proprietorship. If a corporation, provide names, addresses, and titles of persons who are authorized representatives.
      
   2. Environmental Permits. A list of current or expired Federal, State, or local environmental permits held by or for the user for this or a similar facility operated by the user.
      
   3. Description of Operations. A brief description of the nature, average 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(s) from the regulated processes as well as historical compliance with permits issued by Federal, State, or local governmental agencies.
      
   4. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW(s) from the regulated process streams and other streams as necessary, to allow use of the combined wastewater formula set out in 40 CFR 403.6(e).
      
   5. Measurement of Pollutants:
      
      1. The categorical pretreatment standards applicable to each regulated process.
         
      2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 15 B-37 of this Ordinance.
         
      3. Sampling must be performed in accordance with procedures set out in Section 15 B-37 and 15 B-38 of this Ordinance.
         
   6. Certification. A statement, reviewed by the user'
      s authorized representative 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.
      
   7. 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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
      
   8. A compliance schedule pursuant to this Section must meet the requirements set out in Section 15 B-26 of this Ordinance.
      
   9. Signature and Certification. All baseline monitoring reports must be signed by an authorized representative and certified in accordance with Section 15 B-16 of this Ordinance.

Sec. 15 B-26. Compliance Schedule Progress Reports

The following conditions shall apply to the compliance schedule required by Section 15 B-25.b.7. of this Ordinance:

1. 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 facilities 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);
   
2. No increment referred to above shall exceed nine (9) months;
   
3. The user shall submit a progress report to the Director 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
   
4. In no event shall more than nine (9) months elapse between each progress report to the Director.

Sec. 15 B-27. 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(s), any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in Section 15 B-25.b.1-8 of this Ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 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 by an authorized representative and certified in accordance with Section 15 B-16 of this Ordinance.

Sec 15 B-28. Periodic Compliance Reports

1. All significant industrial users shall, at a frequency determined by the Director but in no case less than once per six (6) months submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards, the measured or estimated average and maximum daily flows for the reporting period, and other information designated by the permit. These reports are to be submitted in the months designated by the Director. All periodic compliance reports must be signed by an authorized representative and certified in accordance with Section 15 B-16 of this Ordinance.
   
2. If a user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the Director, using procedures prescribed in Section 15 B-37 and 38 of this Ordinance, the results of this monitoring shall be included in the report.

Sec. 15 B-29. Reports of Potential Problems by the User

1. In the case of any discharge, including, but not limited to, accidental/slug discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, that may cause potential problems for the POTW(s), the user shall immediately telephone and notify the Director of the incident. In no case can this notification be more than twenty-four (24) hours from the occurrence of the discharge. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions that have been taken or will be taken by the user.
   
2. Within five (5) days following such discharge, the user shall, unless waived by the Director, 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 may be incurred as a result of damage to the POTW(s), 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.

Sec. 15 B-30. Reports from Unpermitted Users

All users not issued a wastewater discharge permit shall provide appropriate reports to the Director if the Director determines that such reports are necessary to evaluate the effect of their operations and discharges on the objectives of this Ordinance.

Sec. 15 B-31. Notice of Violation/Repeat Sampling and Reporting for Significant Industrial Users

If sampling performed by a significant industrial user indicates a violation,

1. The significant industrial user shall notify the Director of the violation within twenty-four (24) hours of becoming aware of the violation.
   
2. The significant industrial user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days of becoming aware of the violation.
   
3. The significant industrial user is not required to resample if the Director monitors at the significant industrial user'
   s facility at least once a month, or if the Director samples between the significant industrial user'
   s initial sampling and when the significant industrial user receives the results of this sampling.

Sec. 15 B-32. Notification of the Discharge of Hazardous Waste

Hazardous wastes cannot be discharged to the POTW(s):

1. In quantities in excess of fifteen (15) kilograms per calendar month or in quantities in excess of those specified in 40 CFR 261.30(d) and 261.33(e) as amended.
   
2. If the waste is an acute hazardous waste as defined by 40 CFR 261.30(d) and 261.33(e) as amended.
   
3. Unless the user first submits all information necessary for the Director to make a decision and the user agrees to all conditions necessary to ensure the accomplishment of the objectives set forth in the Ordinance.

Sec. 15 B-33. Timing

Written reports will be deemed to have been submitted on the date postmarked. For reports not mailed, the date of receipt of the report shall govern. Sec. 15 B-34. Record Retention

1. Users subject to this Ordinance shall retain, preserve, and make available for inspection all records, books, documents, memoranda, reports, correspondence relating to the monitoring, sampling, analysis and permit requirements made by or in behalf of a user in conjunction with its discharge.
   
2. These records shall be retained for a period of at least three (3) years unless conditions exist for a longer period, and the user is specifically notified of such longer retention period by the Director or Federal or State regulations require a longer retention period. In addition, all records which pertain to matters which are the subject of litigation or enforcement activities brought by the Control Authority pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

MONITORING REQUIREMENTS

Sec. 15 B-35. Sampling Facilities

1. Unless exempted by the Director, users required to complete a wastewater discharge application and others determined necessary because of special conditions specified by the Director shall provide sampling facilities of types and at locations approved by the Director.
   
2. The sampling facilities must be designed to allow inspection, sampling, and flow measurement of the user'
   s specific discharges and must be provided and maintained in a safe and operational condition at the user'
   s expense. The sampling facilities must allow collection in accordance with the requirements of 40 CFR Part 136 as amended.
   
3. Except in cases where the location is impractical or would cause undo hardship to the user, the sampling facilities shall be located on the user'
   s premises. In such cases, the City may allow the facility to be constructed on the sidewalk or public street provided that the location will not be obstructed in any manner.
   
4. Adequate room must be provided at or near the facility to allow accurate sampling and preparation of samples.
   
5. All sampling facilities shall be constructed in accordance with applicable local construction standards.
   
6. Construction of sampling facilities shall be completed within a time period designated by the Director.
   
7. Failure to provide proper sampling facilities shall be grounds for denial of a permit and/or enforcement action, including denial of the right to discharge to the POTW(s).

Sec. 15 B-36. Flow Measurement

1. The volume of flow discharged by a significant industrial user or industrial user shall be based upon metered water consumption as shown by the meter readings maintained by the City.
   
2. Any significant industrial user, industrial user, or other user as deemed necessary by the Director who procures any or all of its water from sources other than the City and all or part of which is discharged into the POTW(s), and who does not have an effluent meter shall install and maintain at the user'
   s expense a water meter at each un-metered water source.
   
3. Where it can be shown to the satisfaction of the Director that a substantial portion of the water as measured by the aforesaid meter does not enter the sanitary sewer of the City, the Director may permit or require the installation of additional meters in a manner as to measure the actual water volume entering the POTW(s) of the City.
   
4. Whenever meters other than those provided by the City are used for measuring flows to the POTW(s), the meters shall:
   
   1. Be installed and maintained at the user'
      s expense.
      
   2. Be of a type approved by the Director.
      
   3. Be read monthly and calibrated at the user'
      s expense at a frequency designated by the Director. Record of these readings and calibrations must be maintained for inspection and use by the City.

Sec. 15 B-37. Analytical Requirements

1. All pollutant analyses, including sampling techniques, submitted as part of a wastewater discharge application or report, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 as amended, unless otherwise specified in the categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
   
2. The Director shall have the right to require a user to submit quality control analyses performed in conjunction with any analysis submitted as required by the Ordinance or by a wastewater discharge permit. If quality control information is not available or does not meet the criteria specified in the approved technique, the submitted data can be rejected and the user required to resubmit samples for analysis.
   
3. All analyses performed under the methods specified in 40 CFR Part 136 and required by this Ordinance or wastewater discharge permit must be submitted to the Director. Failure to report valid data required by the Director will be considered a violation of this Ordinance.

Sec. 15 B-38. Sample Collection

1. Except as indicated in Section b. of this Section, the user must collect composite wastewater samples of the type designated by the Director. Grab samples may be used or required to show compliance with instantaneous discharge limits.
   
2. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
   
3. Sample collection information, including but not limited to collection site, sample collector, type of sample, date and time of collection, and sample preservation shall be gathered and submitted along with the analytical data required by this Ordinance. Where applicable, chain of custody forms must be used.

RIGHT OF ENTRY

Sec. 15 B-39. Right of Entry

1. The Director shall have the right to enter any property used for any public, commercial, or industrial purposes to determine the type of discharges or potential discharges being made from the premises and to determine whether the owner or other person having access to the property is complying with all requirements of this Ordinance and any wastewater discharge permit or order issued hereunder.
   
2. The owner or person in charge of any property used for any public, commercial, or industrial purpose shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of additional duties.
   
3. When an owner or person in charge 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 Director will be permitted to enter without delay for the purposes of determining compliance with this Ordinance.
   
4. The Director shall have the right to set upon the user'
   s property such devices as are necessary to conduct sampling and/or metering of the user'
   s operations.
   
5. The Director may require the user to install monitoring and sampling equipment as necessary. This equipment shall be maintained in a safe and proper operating condition by the user at the user'
   s expense.
   
6. This section is cumulative of all other authority.

Sec. 15 B-40. Search Warrants

If the Director has been refused access to a building, structure, or property, or any part thereof, used for public, commercial, or industrial purposes 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 a part of the routine inspection and sampling program of the Control Authority designed to verify compliance with this Ordinance or any permit or order issued hereunder, then the Director may seek issuance of an administrative search warrant from the Municipal Court of Odessa or any magistrate or judge of a court of record who shall issue such administrative search warrant. This section is cumulative of all other authority.

CONFIDENTIAL INFORMATION

Sec. B-41. Confidential Information

1. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, and from the Director'
   s inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under the Open Records Act of the Texas Statutes and 40 CFR 403.14. Any such request must be asserted at the time of submission of the information or data.
   
2. When requested and demonstrated by the user furnishing the report that such information should be held confidential, the portions of the report which might disclose trade secrets or secret processes shall not be made available to the public, but shall be made available immediately upon request to governmental agencies for uses related to the TPDES program, or pretreatment program, and in enforcement proceedings involving the user furnishing the report. The user will be provided notification of the transmittal of this information to the governmental agency.
   
3. Wastewater characteristics and constituents and other " effluent data"
    as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

ADMINISTRATIVE ENFORCEMENT ACTIONS AND REMEDIES

Sec. 15 B-42. Publication of Users in Significant Noncompliance

The Director shall publish in the largest daily newspaper circulated in the service area a list of those significant industrial users which during the previous twelve (12) months were determined to be in significant noncompliance, as defined by the EPA, with applicable pretreatment standards and regulations.

Sec. 15 B-43. Notification of Violation

1. Whenever the Director finds that a user has violated or continues to violate the Ordinance, a wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement, the Director shall issue a Notice of Violation.
   
2. Users must respond to the Notice of Violation in accordance with the schedule and in the manner designated in the Notice of Violation.
   
3. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

Sec. 15 B-44. Consent Orders

The Director is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent Orders shall have the same force and effect as administrative orders issued pursuant to this Ordinance and shall be judicially enforceable. Issuance of a consent order shall not be a bar against, nor prerequisite for, taking any other action against the user.

Sec. 15 B-45. Show Cause Hearing

The Director may order a user which has violated, contributed to a violation, 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 Director 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 hearing 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. Whether or not a duly notified person appears as noticed, immediate enforcement action may be pursued. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Sec. 15 B-46. Compliance Order

When the Director finds that a user has violated or continues to violate the Ordinance, a wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing the user to come into compliance with a specified period of 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 and installation of additional pretreatment technologies 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.

Sec. 15 B-47. Cease and Desist Order

When the Director 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 Director may issue an order to the user directing it to cease and desist of all such violations and directing the user to:

1. Immediately comply with all requirements; and
   
2. Take such appropriate remedial or preventive actions as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of the cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Sec. 15 B-48. Emergency Suspensions

The Director may immediately suspend a user's discharge or water service 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 POTW(s) or the environment.

1. 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 Director may take such steps as deemed necessary, including immediate severance of the sewer connection or water service, to prevent or minimize damage to the POTW(s), its receiving stream, or endangerment of any individuals. The Director may allow the user to recommence the discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 15 B-49 of this Ordinance are initiated against the user.
   
2. If emergency suspension of a utility service is deemed necessary by the Director, a hearing will subsequently be conducted by the Director as soon as reasonably possible to determine the conditions which the user will have to meet before sewer service can be resumed. Prior to the hearing, 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.

Sec. 15 B-49. Termination of Discharge

In addition to the provisions of Section 15 B-23, users who violate the following conditions are subject to discharge termination by the Director:

1. Violation of wastewater discharge permit conditions;
   
2. Failure to accurately report the wastewater constituents and characteristics of its discharge;
   
3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
   
4. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling;
   
5. Violation of the pretreatment standards contained in this Ordinance; or
   
6. Other acts of omission or commission which result in the violation of the objectives of this Ordinance.

Such users will be notified of the proposed termination of its discharge and offered an opportunity to show cause under Section 15 B-45 of this Ordinance why the proposed action should not be taken. Exercise of this option shall not be a bar to, or a prerequisite for, taking any other action against the user.

Sec. 15 B-50. Recovery of Costs Incurred by the City of Odessa

Any person violating any of the provisions of this Ordinance, the regulation, or rules of the Control Authority, orders issued by the Director, or orders of any court of competent jurisdiction, or who discharges or causes a discharge producing a deposit, obstruction, deterioration in effluent quality, or causes damage to or impairs the POTW(s) shall be liable for any expense, loss, or damage caused by such violation or discharge. The Control Authority may order the person to clean up, repair, replace, and pay for any expenses, loss, or damages caused by the act of commission or omission by the user and bill the user for the costs incurred by the Control Authority for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed cost shall constitute a violation of this Ordinance enforceable under the provisions of this chapter, including the penalty provisions. Also, after notice to the user and failure of the user to pay or to perform as required by the Control Authority, the Control Authority may file suit in the appropriate court with jurisdiction in the amount of cost paid or incurred by the Control Authority and collect the amount as an itemized sworn account. The Control Authority may file such cost as a lien against the property.

Sec. 15 B-51. Public Nuisances

Any violation of the prohibitions or effluent limitations of this Ordinance, wastewater discharge permit, or order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the Director. Any person(s) creating a public nuisance shall be subject to all City Ordinances governing nuisances, including reimbursing the Control Authority for any costs incurred in removing, abating, or remedying said nuisance. The Control Authority may file such cost as a lien against the property.

Sec. 15 B-52. Liability Insurance

The Director may decline to reissue a wastewater discharge permit to any user who has failed to comply with the provisions 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(s) caused by its discharge.

Sec. 15 B-53. Performance Bonds

The Director may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this Ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first files a satisfactory bond or other approved security, payable to the Control Authority in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance.

JUDICIAL ENFORCEMENT REMEDIES

Sec. 15 B-54. Injunctive Relief

When the Director 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 Director may petition the appropriate court with jurisdiction through Odessa's City 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. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including penalties and/or fines authorized by the State of Texas and 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.

Sec. 15 B-55. Criminal Penalties

1. A user who is found to have violated any provision of this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2000 per violation, per day.
   
2. A user who willfully or with gross negligence introduces any substance into the POTW(s) which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than $2000 per violation per day. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
   
3. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation files, are required to be maintained, pursuant to this Ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance shall, upon conviction, be punished by a fine of not more than $2000 per violation, per day.
   
4. Criminal responsibility
   
   1. If conduct constituting an offense is performed by an " agent"
       acting in behalf of a corporation, partnership, or association and within the scope of his or her office or employment, the corporation, association, or partnership is criminally responsible for the offense. An " agent" means a director, officer, employee, or other person authorized to act on behalf of a corporation, association, or partnership.
      
   2. An individual is criminally responsible for conduct that he or she performs in the name of or on behalf of a corporation, partnership, or association to the same extent as if the conduct were performed in his or her own name or behalf.
      
   3. A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence engages in conduct or fails to perform as required by the Ordinance. A person is on notice of any regulation, Ordinance, statute, or act adopted by the City of Odessa, State of Texas, or United States Government prior to the conduct or failure to perform by the person shall be with knowledge by the person of such regulation, Ordinance, statute, or act. The person shall also be on prior notice of any oral or written communication by the Director that is personally delivered, posted, or mailed by certified mail to the person or its agents. Any commission of such act or failure to perform with such prior notice shall be done knowingly and with criminal responsibility.

Sec. 15 B-56. Remedies Cumulative

All of the remedies contained herein are cumulative and the Director is authorized to use any, all, or any combination of the remedies at any time and is not required to use any remedy or administrative procedure prior to utilizing any other remedy against a noncompliant user.

AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS

Sec. B-57. Affirmative Defense

1. A user who wishes to establish an affirmative defense for a discharge violation event shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
   
   1. The event and resulting violation was caused solely by an act of God, war, strike, riot, or other catastrophe as defined by the Texas Water Code, Section 7.251, as amended.
      
   2. The user must submit the following information verbally to the Director within twenty-four (24) hours and in writing within five (5) days of becoming aware of the event:
      
      1. A description and cause of the noncompliant discharge;
         
      2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
         
      3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
         
   3. In an action brought in municipal or state court, if the user can establish that an event that would otherwise be a violation of a pretreatment Ordinance or permit issued under this Ordinance was solely caused by a circumstance in a.1. of this section, the event is not a violation of the Ordinance or permit.
      
2. In any enforcement proceeding, the user seeking to establish an affirmative defense shall have the burden of proof.
   
3. Users will have the opportunity for a judicial determination on any claim of the applicability of an affirmative defense only in an enforcement action brought for noncompliance with pretreatment standards.
   
4. Users shall control production and quality of all discharges to the extent necessary to maintain compliance with 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.

Sec. 15 B-58. Treatment Bypasses

1. For the purposes of this section.
   
   1. "Bypass"  means the intentional diversion of waste streams 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.
      
2. 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 essential maintenance to assure efficient operation. These bypasses are not subject to the provision of c. and d. of this section unless requested by the Director.
3. 1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director at least ten (10) days before the date of the bypass, if possible.
      
   2. A user shall submit oral notice to the Director of 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 recurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
4. 1. Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless
      
      1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
         
      2. There was 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 or preventive maintenance; and
         
      3. The user submitted notices as required under paragraph c. of this section and the bypass will not cause harm to the POTW(s) and its employees or violations of its permits and applicable Federal or State regulations.
         
   2. The Director may approve an anticipated bypass for a specified period of time, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in d.1. of this section.

Additional Provisions

Sec. 15 B-59 Enforcement Actions for Authority Local Limits

In the event that a user is charged with violating an Authority Local Limit, it shall be an affirmative defense if the user can demonstrate by preponderance of the evidence that the user's discharge cannot reach the Odessa South Regional Wastewater Facility under any circumstances.

Sec. 15 B-60 Discharge Prohibited

Discharge of liquids from a vacuum or similar truck, into a manhole, cleanout, or customer's facilities or connection is strictly prohibited unless authorized in writing by the Director.

Sec. 15 B-61 Jurisdiction

This chapter shall be applicable and shall encompass the entire City of Odessa and any area in its extraterritorial jurisdiction which is provided with water and/or wastewater collection and treatment services by the City of Odessa.

Sec. 15 B-62 Severability

If any provision of this Ordinance is found by any court of competent jurisdiction to be invalid, the remaining provisions shall not be effected and shall continue in full force and effect.

Sec. 15 B-63 Pollution Prevention

The City encourages its users to incorporate pollution prevention measures into the activities of their facilities. The user shall be responsible for complying with any applicable mandatory state or federal laws or regulations. Pollution prevention activities may be incorporated into the user's permit if required by regulation or the Director determines that the pollution prevention activities will be beneficial in meeting the objectives of Section 15-1 of this Ordinance.

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