Article 1 - General Provisions
Article 2 - Industrial Facilities Operation
14.05.210 Wastewater pretreatment facilities.
14.05.215 IWAN required for significant industrial users.
14.05.220 Application for industrial wastewater acceptance.
14.05.225 Materials and substances prohibited in STW.
14.05.230 Monitoring facilities.
14.05.235 Control manhole.
14.05.240 Inspection and sampling.
14.05.250 Accidental discharges and slug loads.
14.05.310 Industrial wastewater acceptance notification.
14.05.315 Reporting requirements--General.
14.05.320 Reporting requirements for industrial users subject to federal categorical pretreatment standards.
14.05.325 Records retention.
14.05.330 Confidential treatment of information and data.
14.05.335 Falsifying information.
Article 4 - Enforcement
14.05.410 Emergency suspension of service and of industrial wastewater acceptance.
14.05.415 Termination of treatment services.
14.05.416 City of Homer; right of access.
14.05.420 Notification of violation; appeal.
14.05.425 Show cause hearing.
14.05.430 Administrative interpretation.
14.05.435 Civil penalties.
14.05.440 Criminal penalties.
14.05.445 Recover of costs incurred by the City.
Article 1 - General provisions.
14.05.110 Purpose. The purpose of this chapter is to:
1. Identify users subject to pretreatment requirements;
2. Prohibit the discharge into the City Sewer Treatment Works (STW) of any substance that would prevent the City from satisfying limitations contained in its NPDES permit or that would otherwise violate federal or state law;
3. Prohibit the discharge into the STW of any substance which could, by its nature or quantity, damage the STW or its operation or jeopardize the safety or health of STW workers;
4. Prevent the introduction of any substance into the City STW which will interfere with the operation of the STW or contaminate the resulting sludge;
5. Provide for regulation of direct and indirect contributors to the STW through the issuance of permits to certain non-domestic users of the STW and through enforcement of general requirements for all users; and
6. Establish monitoring and enforcement activities to ensure that these purposes are achieved. (Ord. 90-24(A), 1990).
14.05.115 Definitions. In this chapter, unless otherwise provided, or the context otherwise requires, the following words and phrases shall have the meaning set forth below:
1. "Act" means the Federal Water Pollution Control Act and the Clean Water Act, Pub. L. NO. 92-500, as amended, codified at 33 U.S. C. 1251 et seq.
2."Biochemical oxygen demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter.
3."City" means the City of Homer's duly authorized agent or representative.
4."City Manager" means the City Manager of the City of Homer or the person designated by the City Manager to administer this chapter.
5."Control manhole" means a manhole through which the total facility industrial wastewater flows, and which contains installed equipment for wastewater sampling and flow measurement.
6."Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or water to which the only pollutant added is heat.
7."Discharge" means the direct or indirect introduction into the STW of pollutants from any nondomestic source regulated under section 307 (b), (c), (d) of the Act or under this ordinance. Holding tank waste introduced into the STW is a discharge.
8."Industrial user" means an industrial or commercial establishment that introduces or causes the entry into the STW of nondomestic wastewaters having the characteristics of industrial wastes, or any other source of nondomestic pollutant introduced or discharged into the STW.
9."Industrial wastes" means solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources.
10."Liquid-Waste Hauler (LWH)" means any person or business engaged in the activity of pumping, hauling, transporting and dumping of permitted wastes defined as septic tank pumping, portable-toilet pumping, food service grease traps, and sludge from domestic wastewater treatment plants and lagoons, at a Public Owned Treatment Works (POTW).
LWH's are herein classified as Significant Industrial Users (SIU's), as determined by EPA, and are subject to the National Pretreatment Program (NPP) and must obtain an Industrial Wastewater Acceptance Notification (IWAN) from the City prior to disposal of permitted waste into the STW.
11."Mass limitations" means limitations applied to a discharge which are relative to quantity rather than quality or concentration.
12."NPDES Permit" means a National Pollutant Discharge Elimination System permit issued to the STW pursuant to section 402 of the Act.
13."National categorical pretreatment standards" means the standards established in any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with section 307(b) and (c) of the Act and which apply to a specific category of industrial users.
14."pH" means the algorithm of the reciprocal of hydrogen ion activity expressed in moles per liter.
15."Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharge equipment, rock, sand, cellar dirt, industrial, municipal, marine and agricultural waste discharged into the STW, or any other substance discharged into the STW which, if discharged directly, would alter the chemical, physical, biological, or radiological integrity of the water.
16."Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the STW.
17."Receiving waters" means those waters into which wastes are discharged.
18."Sewage" means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institution and industrial establishments, together with such ground, surface, storm or other waters as may be present.
19."Sewage treatment works" or "STW" means the Sewage Treatment Plant of the City of Homer, and the sewers and conveyance appurtenances discharging to and from the Sewage Treatment Plant.
20."Significant industrial user" means an industrial user of the City wastewater disposal system who meets any one of the following criteria:
(a)Is subject to or potentially subject to national pretreatment standards promulgated under section 307(b) or (c) of the Act;
(b)Has in its wastes any priority toxic pollutants listed in 40 CFR 401.15 or 40 CFR Part 403 or listed by the City Manager;
(c)Has in its wastes toxic pollutants as defined pursuant to section 307 of the Act or regulations promulgated thereto;
(d)Has a discharge flow of ten thousand gallons or more of wastewater per average work day;
(e)Has a flow greater than 5 percent of the flow into the STW or of the design pollutant loading capacity of the STW, or;
(f)Is determined by the City Manager to have a significant impact or potential for significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the STW effluent quality, or air emissions generated by the STW.
21."Slug load" means any substance released in a discharge at a rate or concentration which causes inhibition or disruption of the STW, its treatments, or its operation, or causes the STW to violate its NPDES permit.
22."Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
23."Suspended solids" means the total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering.
24."Toxic pollutant" means any pollutant or combination of pollutants listed as toxic by the Administrator of the Environmental Protection Agency under the provisions of section 307 of the Act, 40 CFR 401.15, 40 CRF Part 403, or listed as toxic by the City Manager.
25. "Upset" means an exceptional incident in which a user unintentionally and temporarily is in a state of non compliance with the standards adopted under this ordinance or established as part of the user's IWAN, due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operations thereof.
26."User" means any person who contributes, causes or permits the contribution of wastewater into the STW. User includes industrial users and significant industrial users. (Ord. 90-24(A), 1990).
AAC Alaska Administrative Code
ADEC Alaska Department of Environmental Conservation
CRF Code of Federal Regulations
EPA Environmental Protection Agency
IWAN Industrial Wastewater Acceptance Notification
LWH Liquid-Waste Hauler
mg/l Milligram per liter
NPDES National Pollutant Discharge Elimination System
O and M Operations and Maintenance
ppm Parts per million
STW Sewage Treatment Works
SIC Standard Industrial Classification
SIU Significant Industrial User
(Ord. 90-24(A), 1990).
14.05.125 Fees. The City Manager may establish a schedule of fees and charges for users, applications, interpretations, permits, inspections, release of information, and other actions of the City under this chapter. (Ord. 90-24(S), 1990).
Article 2 - Industrial Facilities Operation
14.05.210Wastewater pretreatment facilities. a. Users shall provide such wastewater pretreatment as is necessary to comply with this chapter and shall achieve compliance within the time limitations specified by the City. Facilities and equipment necessary to retreat wastewater to meet the provisions of this chapter shall be provided, operated and maintained at the user's expense.
b. Detailed drawings and specifications showing the pretreatment facilities and operating procedures shall be submitted to the city for review and approval before commencement of discharge into the STW. The review and approval before commencement of discharge into the STW. The review and approval of such drawings, specifications and operating procedures will not relieve the user of responsibility for modifying the facility as necessary to meet the provisions of this chapter.
c. Any changes in the pretreatment facilities or method of operation to be made after approval of the plans by the City must be reported to the City of Homer Department of Public Works for approval before the changes are made. (Ord. 90-24(A), 1990).
14.05.215 IWAN required for significant industrial users. No SIU may connect to or remain connected to the STW, or otherwise introduce or cause the entry of waste into the STW after July 24, 1990, without first obtaining an Industrial Wastewater Acceptance Notification (IWAN). (Ord. 90-24(A), 1990).
14.05.220Application for industrial wastewater acceptance.
a.All SIU's shall complete and file with the City an application for industrial wastewater acceptance. An existing SIU shall file an application within thirty days of notification by the City. A proposed new SIU shall file an application at least ninety days prior to connecting to the STW.
b.The application for industrial wastewater acceptance shall be made in writing on forms provided by the City and shall include:
1.The name, mailing address and physical location of the SIU facility including the names of the operator and owner;<>
2. The Standard Industrial Classification (SIC) number of the SIU according to the SIC manual of the U.S. bureau of the Budget, 1972, as amended;
3.A list of all environmental permits held by or for the SIU facility;
4.A description of each product produced by type, amount, process or processes and rate of production, and a description of the type and amount of chemicals and raw materials utilized in the process (average and maximum amounts per day):
5.Site plans, floor plans, mechanical and plumbing plans and details of the SIU facility showing all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
6.A description of the SIU operations, including a description of activities, facilities and plant process on the premises, and a description of all materials which are or may be discharged into the STW and the time and duration of such discharges;
7.A description of the average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any, and time and duration of discharges;
8.A listing of existing and anticipated wastewater constituents and their characteristics, which shall include but is not limited to, those substances identified in this chapter or possessing characteristics identified in this chapter, as determined by chemical and biological analyses performed by a laboratory certified by the ADEC.
9.A description of the nature, quantity and concentration of all pollutants or materials limited or prohibited by this chapter, that are discharged or are anticipated to be discharged into the STW, together with a statement regarding whether or not compliance with this chapter is being or will be achieved on a consistent basis and, if not, whether additional operation and maintenance activities or additional pretreatment is necessary for the SIU to comply with these rules;
c.Where additional pretreatment or additional operation and maintenance activities are necessary to comply with these rules, the SIU shall comply with the following requirements:
1.The SIU shall provide to the City, with its application, a plan containing the shortest schedule by which the user will pride such additional pretreatment and implement such additional operational and maintenance activities as are necessary to comply with these rules.
2.The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of these rules including, but not limited to, dates relating to hiring an engineer registered in the State of Alaska, hiring other appropriate personnel, completing construction, and other acts necessary to achieve compliance with these rules.
3.The schedule is subject to the approval of the City Manager. Neither the entire schedule nor any step may exceed a reasonable time as determined by the City Manager and no single major step may exceed nine months.
4.No later than fourteen days following each mile-stone date in the schedule and the final date for compliance, the SIU shall submit a progress report to the City including a statement as to whether onto it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with that increment of progress, the reasons for delay, and the steps being taken by the SIU to return the construction to the approved schedule. In no event may more than nine months elapse between such progress reports to the City. Failure to adhere to the nine-month deadline will result in disconnection of sewer service.
d.The application and, where necessary, the schedule of additional pretreatment or operational and maintenance activities shall be signed by a principal executive officer of the SIU. (Ord. 90-24(A), 1990).
14.05.225 Materials and substances prohibited in STW.
a.No user may discharge or cause to be discharged into the STW, except as authorized in an IWAN issued by the City, any wastewater containing concentrations of pollutants in excess of the following:
|Chromium - Total||4.31|
|Chromium – Hexavalent||4.0|
The limitations listed above apply to the total discharge from a user exclusive of sanitary wastewater. Wherever a discharger is subject to both a national categorical pretreatment standard and a local limit for a given pollutant, the more stringent shall apply.
b.No user may discharge or cause or permit to be discharged into the STW, the following wastes or waters:
1.Any stormwater, surface water or runoff, ground-water, roof runoff, subsurface drainage, cooling water or other unpolluted water.
2. Any water or wastes which contain more than 100 ppm by weight of fat, oil or grease.
3.Any solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the STW, including, but not limited to, ashes, cinders, sand, mud, metal, feathers, glass, rags, wood, plastics, lime, slurry, lime residues, chemical residues, paint or ink residues or bulk solids. Particle size of any allowed substance is limited to one-half inch in any dimension.
4. Any liquids, solids or gases including, but not limited to, gasoline, diesel oil, oil, benzene, naphtha, fuel, mineral spirits or solvent that by reason of their nature or action with outer substances, to cause fire or explosion or be injurious in any other way to the operation of STW, or jeopardizing the safety of STW workers.
5. Any wastes or waters containing toxic or poisonous substances in quantities or concentrations determined by the City Manager to constitute a hazard to humans or animals, to interfere with any sewage treatment process, to create any hazard in the waters receiving discharge from the STW, or to exceed federal categorical pretreatment standards.
6. Any wastes or waters having a pH lower than 5.0 or higher than 11.0 at any time, or having any corrosive property capable of causing damage or hazard to structures, equipment and personnel of the STW.
7. Any waters containing quantities of radioactive substances in excess of limes for drinking water established by state and federal regulations.
8. Any substance with objectionable color not removed by the STW, including but not limited to, excess fly ash, dye wastes and vegetable tanning solutions.
9. Any liquids, gases, or solids that are noxious or malodorous or that either singly or in interaction with outer substances would cause a public nuisance or hazard to life or health, or would prevent safe entry into the STW for its maintenance and repair.
10. Any substance that may cause the STW treatment residues, sludges, incinerator ash or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
11. Any heat or heat producing substances which, when combined with other substances, will inhibit biological activity in the STW.
12. Any substance that will cause the City to violate its NPDES permit, state disposal system standards, or receiving water quality standards.
13. Any fish cleaning and waste products, and fish processing wastewater.
14. Any wastewater in violation of a State of Alaska discharge limitation, including, but not limited to, "Solid Waste Management Regulations", 18 AAC 60; "Water Quality Standards", 18 AAC 70; and "Wastewater Disposal Regulations", 18 AAC 72.
15. Any wastewater in violation of a Federal Categorical Pretreatment Standard, or any other standard established by the City Manager. (Ord. 90-24(A), 1990).
14.05.230 Monitoring facilities. a. A SIU shall provide and operate at the SIU's own expense a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the STW. Each monitoring facility shall be situated on the SIU's premises, except where such a location would be impractical or cause undue hardship on the user. The City may authorize the facility to be constructed in the public street or sidewalk area; provided, that the facility is located so that it will not be obstructed by landscaping, parked vehicles, or other moveable or fixed objects.
b. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.
c. All monitoring facilities shall be constructed and maintained in accordance with the Homer City Code, Title 13, Standard Construction Practices, and the Uniform Plumbing Code.
d. The City Manager may waive the requirements of this section to provide and operate a monitoring facility upon formal request of the SIU if the City Manager determines that adequate inspection, sampling, and flow measurement of each industrial wastewater discharge can be conducted without a monitoring facility. (Ord. 90-24(A), 1990).
14.05.235 Control manhole. a. A SIU who discharges or purposes to discharge industrial waste into the STW shall construct and maintain a control manhole to allow inspection, sampling and flow measurement of each industrial wastewater discharge to the STW.
b. Any other industrial user shall, at the rest of the City Manager, construct and maintain a control manhole to allow inspection, screening, sampling and flow measurement of each industrial wastewater discharge to the STW.
c. Each control manhole must be located on the user's premises; except, if the City Manager determines that such a location will be impractical or cause undue hardship on the user, he may allow the control manhole to be located off the user's premise provided that the control manhole is located so that the control manhole is readily accessible and will not be obstructed by landscaping, parked vehicles, or other obstructions. There shall be ample room in and near the control manhole to allow accurate sampling and preparation of samples for analysis. The user shall maintain the control manhole in asafe and proper operational condition. The control manhole shall be accessible at all times.
d. To assure that the control manhole is acceptable for use by the City, drawings and specifications for the control manhole shall be submitted to the City Manager for review and approval with the application for an IWAN or upon request of the City Manager.
e. The requirements of this section may be waived by the City upon formal request of the user if the City Manager determines that adequate inspection, sampling, and flow measurement of each industrial wastewater discharge of the user can be conducted without a control manhole.
f. The City may have access to the control manhole for the purpose of inspection and sampling, including flow measurement, upon request and without the need for a search warrant. (Ord. 90-24(A), 1990).
14.05.240 Inspection and sampling. a. The City is authorized to enter to inspect and to take samples from the control manholes, monitoring facilities, and wastewater pretreatment facilities and to inspect and copy records of a SIU to determine compliance with the requirements of this chapter. The SIU shall allow the City's representatives, upon exhibiting proper credentials and identification, to enter upon the premises of the user at reasonable hours for the purposes of inspection, sampling or inspection and copying of records. Reasonable hours include any time the SIU is operating any process which results in the introduction of wastewater into the STW.
b. The City may set up on the SIU property such devices as are necessary to conduct sampling, inspection, compliance monitoring or metering operations. (Ord. 90-24(A), 1990).
14.05.245 Dilution prohibited. A user may not increase the use of potable or process water or in any way dilute or attempt to dilute a discharge as a substitute for treatment to achieve compliance with the limitations contained in this section or with any other applicable standard, limitation, or regulation. The City Manager may impose mass limitations on users that are or may be using dilution to meet the requirements of this section, or in other cases where the imposition of mass limitations is deemed appropriate by the City Manager. (Ord. 90-24(A), 1990).
14.05.250 Accidental discharges and slug loads. a. Each user shall provide adequate protection from the accidental discharge of prohibited or regulated materials or substances established by this chapter. Any facilities or equipment necessary to prevent the accidental discharge of prohibited materials shall be provided and maintained at the user's expense.
b. Users shall notify the City Manager immediately upon the occurrence of an accidental discharge of substances prohibited by this chapter or of any other discharge that could impair or interfere with the STW, including a slug load. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume and corrective actions taken. In addition, the user shall immediately notify the ADEC of the discharge.
c. Within five days following a discharge described in this section, the user shall submit to the City Manager a detailed written report describing the cause of the discharge or slug load and measures to be taken by the user to prevent similar future occurrences.
d. Such written notifications shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the STW; nor shall such notification relieve the user of any fines, civil penalties or other liabilities which may be imposed by this section or any other applicable law.
e. The report required by this section shall be signed by a principal executive officer of the user, or his or her designee. (Ord. 90-24(A), 1990).
14.05.255 Operating upsets. a. A user who experiences an upset in operations that places the user in noncompliance with this chapter shall inform the City Manager of the upset within twenty-four hours of becoming aware of the upset. A written follow-up report thereof shall be filed by the user with the City Manager within five days of notification. The report shall include:
1. A description of the upset, the cause thereof and the upset's impact on the user's compliance status;
2. Duration of noncompliance, including exact dates and time of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur, and;
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
b. A documented, timely reported and verified bona fide operating upset shall, to the extent reported, be an affirmative defense to any criminal enforcement action brought by the City against the user for any noncompliance with the provisions of this chapter which arise out of violations alleged to have occurred during the period of the upset. (Ord. 90-24(A), 1990).
Article 3 - Records and Reporting
14.05.310 Industrial wastewater acceptance notification. a. The City Manager shall notify the SIU or proposed SIU of the City's acceptance of its application by issuing an Industrial Wastewater Acceptance Notification (IWAN). The IWAN shall contain such terms and conditions as the City Manager determines are necessary to achieve the purposes of this chapter. Issuance of an IWAN constitutes authorization to connect to the STW. If the City Manager rejects the application, he shall notify the applicant in writing of the rejection of the application. The City Manager may require the user to submit additional information prior to accepting or rejecting the application. The City of Homer Department of Public Works will evaluate the application and data furnished by the user and may require additional information. Within thirty days after evaluation of a complete application for industrial wastewater acceptance, the City shall notify the applicant of the acceptance or rejection of the application.
b. The IWAN shall include the following:
1. Fees and charges to be paid upon initial permit issuance;
2. Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
3. Limits on average and maximum rate and on time of discharge and/or requirements for flow regulations and equalization;
4. Requirements for installation and maintenance of inspection and sampling facilities;
5. Compliance schedules;
6. Self-monitoring requirements;
7. Requirements for submission of any technical reports or discharge reports in addition to those prescribed by this chapter; and
8. Special conditions as the City may reasonably require under particular circumstances of a given discharge including sampling locations; frequency of sampling; number, types and standards for sampling and testing; reporting schedules; and City inspection and sampling.
c. The City reserves the right to amend an IWAN issued hereunder in order to assure compliance with applicable laws and regulations.
d. When a National Categorical Pretreatment Standard is promulgated, the City shall revise the IWAN of each user subject to such standard to assure compliance with such standard within the time frame prescribed by such standard. If the user has not previously submitted and application for an IWAN, the user shall submit an application for an IWAN to the City within one hundred eighty days after the effective date of the applicable National Categorical Pretreatment Standard or such shorter time as may be required to meet state or federal requirements. A user for whom an IWAN is in effect shall submit to the City within one hundred eighty days after the promulgation of the applicable National Categorical Pretreatment Standard the information required by S 14.05.220.
e. The City shall inform the IWAN holder of any proposed changes in its IWAN at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
f. The IWAN is issued to a specific user for a specific operation in a specific location and is not assignable to another user or transferable to another location; provided, the IWAN may be transferred to a successor to the use in a specific location with the prior written approval of the City.
g. An IWAN expires five years after the date of its issuance and may be amended, modified and revoked at any time as provided in this chapter.
h. Each SIU shall be subject to issuance of a new IWAN with appropriate modifications if it changes the process or the wastewater characteristics. Any changes or new conditions in the IWAN shall include a reasonable time schedule for compliance. (Ord. 90-24 (A), 1990).
14.05.315 Reporting requirements General.a. Initial compliance report. Within ninety days following the date of issuance of an IWAN to a SIU, or within ninety days following the deadline for compliance with an applicable National Categorical Pretreatment Standard, the SIU shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge into the STW, and the average and maximum daily flow of wastewater into the STW in gallons. The report shall state whether applicable pretreatment standards or requirements are being met on a consistent basis and, if they are not, the report shall specify in conformity with S 14.05.220 c. what additional operations and maintenance or pretreatment measures are necessary to bring the discharger into compliance with applicable pretreatment standards or requirements.
b. Biannual compliance report. A user to which an IWAN is issued shall submit to the City a biannual report. The report shall be filed two times a year, on or before January 31 and on or before July 31 of each year, and shall cover activities during the six months preceding the month in which the report is due. The report shall state the nature and concentration of discharged substances regulated by this chapter. The report shall include a record of all daily flows during the reporting period. Flows shall be reported on the basis of actual measurement; however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows, estimated by verifiable techniques. The City Manager may for good cause shown, considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, authorize the submission of said reports for different periods of time.
c. Notice of substantial change in discharge. All users shall promptly notify the City in advance of any substantial change in the volume or character of the pollutants in their discharge.
d. Reports required by this section shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration of substances in the discharge, or production and mass where required by the City. The reports shall contain such additional information as is required by the user's IWAN, and shall be based on the self-monitoring requirements contained in the user's IWAN. Reports and statements shall be signed by an authorized representative of the discharger.
e. All sampling and analyses shall be performed in accordance with sampling and analytical procedures required by 43 CFR section 403.12 or approved by the administrator of the U.S. Environmental Protection Agency or by the City Manager. (Ord. 90-24 (A), 1990).
14.05.320 Reporting requirements for industrial users subject to federal categorical pretreatment standards. Upon the establishment by the EPA of a Federal Categorical Pretreatment Standard, all industrial users subject to the Federal Categorical Pretreatment Standard shall submit to the City such report as required under federal regulations, 40 CFR, section 403.12, within the time specified in that section. The City will process all required reports and will conduct follow-up on such reports as required. (Ord. 90-24 (A), 1990).
14.05.325 Records retention. Each user subject to this chapter shall retain and preserve for three years all records, including books, documents, memoranda, reports, correspondence and all summaries thereof, relating to its discharge, including all monitoring, sampling and chemical analyses made by or on behalf of the user in connection with its discharge. All records that pertain to matters that are the subject of administrative adjustment or any other enforcement or litigation actions brought by the City shall be retained and preserved by the user until all enforcement activities have concluded and the time for appeal has expired. (Ord. 90-24 (A), 1990).
14.05.330 Confidential treatment of information and date. The user may request that information and data furnished to the City with respect to any proprietary process of the user by treated as a confidential submission. If the City determines that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the user, it shall keep the information and data confidential and shall not disclose the information, except where release is otherwise required by law and except for release to a city, state of federal agency with jurisdiction over the user's discharge for uses related to the user's compliance with city, state and federal water pollution regulations. Otherwise, the information and data shall be available to the public or other governmental agency without restriction. Wastewater constituents and characteristics will not be recognized as confidential information. (Ord. 90-24 (A), 1990).
14.05.335 Falsifying information. No person may knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or falsely tamper with, or knowingly render inaccurate any monitoring device or method required under this chapter. (Ord. 90-24 (A), 1990).
Article 4 – Enforcement
14.05.410 Emergency suspension of service and of industrial wastewater acceptance. a. Upon notice to the user and a reasonable opportunity for an informal hearing, the City shall order the suspension of STW service to a user, or shall withdraw the IWAN of a user when it appears to the City that an actual or threatened discharge:
1. Presents or threatens to present an imminent or substantial danger to the health or welfare of persons or substantial danger to the environment; or
2. Interferes or threatens to interfere with the operation of the STW; or
3. Violates or threatens to violate any pretreatment limits imposed by this chapter or by the IWAN.
b. A user notified of the City's suspension order shall immediately cease all discharges into the STW. If the discharger fails to comply with the suspension order, the City shall commence judicial proceedings to compel the user's compliance with such order or to recover civil penalties. The City shall reinstate the IWAN and the STW service upon proof by the user of the elimination of the noncomplying discharge or conditions creating the threat that led to the suspension order. (Ord. 90-24(A), 1990).
14.05.415 Termination of treatment services. a. A user may not:
1. Fail to report the wastewater constituents and characteristics of its discharge;
2. Fail to report significant changes in wastewater constituents or characteristics;
3. Refuse reasonable access pursuant to a search warrant or other court order to the user's premises by the City for the purpose of inspection, sampling or copying; or
4. Violate any other provisions of this chapter or any order of the City with respect thereto.
b. The City may terminate wastewater treatment service by shutting off the public water supply to any discharger who violates any of the foregoing prohibitions. (Ord. 90-24 (A), 1990).
14.05.416 City of Homer; right of access. If a user refuses to grant a right of entry, the City may seek a search warrant or order from the Superior Court compelling the user to submit to entry, inspection, sampling and copying. (Ord. 90-24 (A), 1990).
14.05.420 Notification of violation; appeal. Whenever the City determines that a user has violated or threatens to violate the prohibitions of this chapter or any permit, plan, or IWAN authorized or issued under this chapter, the City shall cause to be served upon such user a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within fifteen days of the date of receipt of the notice, the user may respond personally or in writing by certified or registered mail, return receipt requested, to the City, advising of its position with respect to the allegations. The user shall be given the opportunity to meet with the City or respond to the alleged violations and to propose a plan to correct the alleged violations. The City shall issue a written decision determining whether there is a violation and, if necessary, whether the proposed plan is acceptable. (Ord. 90-24 (A), 1990).
14.05.425 Show cause hearing. If a violation of this chapter is not corrected by administrative adjustment under § 14.05.420, then the City Manager shall order the user to show cause why service should not be terminated or other enforcement action, including imposition of a civil penalty, should not be taken. A written notice shall be served on the user by personal service, or by certified or registered mail, return receipt requested, specifying the time and place of the hearing to show cause. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer or authorized representative of the discharger. After the hearing, the City Manager shall issue a written decision which may include appropriate orders with respect to the violations of the chapter and may include a civil penalty in accordance with § 14.05.435. The City Manager's decision constitutes final administrative action for purposes of judicial review. (Ord. 90-24 (A), 1990).
14.05.430 Administrative interpretation. Any person may request in writing an interpretation or ruling by the City on any matter covered by this chapter and is entitled to a prompt written reply. In the vent that such inquiry is by a user and deals with matters of performance or compliance with this chapter for which enforcement activity is pending, receipt of a user's request shall not stay the enforcement activity. (Ord. 90.24 (A), 1990).
14.05.435 Civil penalties. A user who violates an order of the City or who fails to comply with any provision of this chapter or a regulation, rule or permit of the City issued pursuant to this chapter, shall be liable to the City of Homer for a civil penalty not to exceed one thousand dollars per violation. Each day a violation continues constitutes a separate violation. Such penalties may be recovered by judicial actions or, to the extent permissible by state law, by administrative procedures. (Ord. 90-24 (A), 1990).
14.05.440 Criminal penalties. A person who violates any requirement of this chapter or any permit, IWAN or other authorization issued under this chapter is guilty of a misdemeanor and shall be fined not more than one thousand dollars per violation or imprisoned for ninety days or both. Each day a violation continues constitutes a separate violation. (Ord. 90-24 (A), 1990).
14.05.445 Recovery of costs incurred by the City. A user who violates any of the provisions of this chapter, or who discharges or causes a discharge producing interference with, deposit in, or obstruction of the STW, or who causes damage to or impairs the City's STW shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City shall bill the user for the cost incurred by the City for any cleaning, repair or replacement work caused by the violation or discharge. Refusal to pay the assessed costs is a violation of this chapter. (Ord. 90-24 (A), 1990).