277:0

City Code: 277:0

Section 277 - Industrial Waste Water Pretreatment

Section 277:00. Purpose and Policy.

Subd. 1. This ordinance sets forth uniform requirements for discharges to the City's waste water treatment system and enables the City to comply with applicable State and Federal laws.

The objectives of this ordinance are:

a. To prevent the introduction of pollutants into the waste water treatment system which will interfere with the operation of the system or the use or disposal of the sludge;

b. To prevent the introduction of pollutants into the waste water treatment system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system; and

c. To improve the opportunity to reclaim sludge from the waste water treatment system.

Subd. 2. This ordinance provides for the regulation of discharges into the City's waste water treatment system through the issuance of permits to certain users and through enforcement of the general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

Subd. 3. This ordinance shall apply to the City of Owatonna, Minnesota, and to persons outside the City who are, by contract or agreement with the City, users of the City waste water treatment system. Except as otherwise provided herein, the Superintendent of the City waste water treatment system shall administer, implement and enforce the provisions of this ordinance.

Section 277:01. Definitions. Unless the context specifically indicates otherwise, the following terms, as used in this ordinance, shall have the meanings hereinafter designated:

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

b. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 o Centigrade expressed in terms of weight and concentration (milligrams per liter [mg/l]).

c. City. The City of Owatonna, Minnesota, or the City Council of Owatonna, Minnesota.

d. Industrial User. A person who discharges to City's waste water treatment system liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, or from the development of any natural resource.

Section 277:01, e.

e. Interference. The inhibition or disruption of the City's waste water treatment system processes or operations which causes or significantly contributes to a violation of any requirement of the City's NPDES or State Disposal System Permit. The term includes prevention of waste water sludge use or disposal by the City in accordance with published regulations providing guidelines under Section 405 of the Act or any regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria applicable to the method of disposal or use employed by the City.

f. National Pollutant Discharge Elimination System (NPDES) Permit. Any permit or requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended, for the purpose of regulating the discharge of waste water, industrial wastes, or other wastes under the authority of Section 402 of the Act.

g. Non Contact Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added to the water is heat.

h. Person. The State or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity.

i. pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.

j. Pretreatment. The process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in waste water to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City's waste water treatment system. The reduction, elimination or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by Section 277:05, Subd. 4, of this ordinance.

k. Shall is mandatory; May is permissive.

l. Significant Industrial User. Any industrial user of the City's waste water treatment system which (1) has a discharge flow of 25,000 gallons or more per average work day, or (2) has a flow greater than five percent (5%) of the flow in the City's waste water treatment system, or (3) has in its wastes toxic pollutants in toxic amounts as defined pursuant to Section 307 of the Act or Minnesota Statutes and rules, or (4) has a significant impact, either singly or in combination with other contributing industries, on the waste water treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

Section 277:01, m.

m. Slug. Any waste discharge which, in concentration of any given constituent or in quantity of flow, exceeds for any time period longer than thirty (30) minutes more than four (4) times the average twenty-four (24) hour concentration or flow during normal operation.

n. State. State of Minnesota

o. State Disposal System Permit. Any permit (including any terms, conditions and requirements thereof), issued by the MPCA pursuant to Minnesota Statutes 115.07 for a treatment system as defined by Minnesota Statutes 115.01, Subdivision 8.

p. Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

q. Superintendent. The City Engineer or the Engineer's duly authorized representative.

r. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, waste water or other liquids, and which is removable by a standard glass fiber filter.

s. User. Any person who discharges, causes or permits the discharge of waste water into the City's waste water treatment system.

t. Waste Water. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's waste water treatment system.

u. Waste Water Treatment System or Systems. Any devices, facilities, structures, equipment or works owned or used by the City for the purpose of the transmission, storage or treatment of industrial and domestic waste water, including intercepting sewers, outfall sewers, waste water collection system, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling additions, and alterations thereof; and any works, including land that will be an integral part of the treatment process or is used for ultimate disposal or residues resulting from such treatment.

v. Waters of the State. All streams, lakes, ponds, marshes, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

w. Categorical Pretreatment Standards. National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific Industrial Users.

Section 277:01, x.

x. Applicable Pretreatment Standard. For any pollutant whichever local, State or Federal pretreatment standard is most stringent.

y. General Pretreatment Regulations. General Pretreatment Regulations for existing and new sources, 40 CFR Part 403.

z. Categorical Pretreatment Regulations. Any regulation containing pollutant discharge limits promulgated in accordance with Section 307 (b) and (c) of the Clean Water Act.

Terms not otherwise defined herein shall be as given in Minnesota Statutes, Chapters 115 and 116, as amended.

Section 277:03. General Discharge Prohibitions. No user shall discharge or cause to be discharged, directly or indirectly, any of the following described substances into the waste water treatment system or to any public sewer:

a. Any liquids, solids or gases which, by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the waste water treatment system or to the operation of the system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.

b. Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the waste water treatment facilities such as, but not limited to, grease, garbage with particles greater than two inches (2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

c. Any waste water having a pH less than 5.0 or more than 10.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the waste water treatment system.

d. Any waste water containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inhibit or disrupt any waste water treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the waste water treatment system. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Act.

Section 277:03, e.

e. Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

f. Any waste water with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

g. Any waste water which creates conditions at or near the waste water treatment system which violate any statute or any rule, regulation or ordinance of any public agency or State or Federal regulatory body.

h. Any waste water having a temperature greater than 150 oF (65.6oC), or causing, individually or in combination with other waste water, the influent at the waste water treatment plant to have a temperature exceeding 104 oF (40 oC), or having heat in amounts which will inhibit biological activity in the POTW resulting in interference.

i. Any slug load, which shall mean any pollutant, including oxygen demand pollutants (BOD, etc.), released in a discharge of such volume or strength as to cause inhibition or disruption in the waste water treatment system.

j. Non-contact cooling water or unpolluted storm or groundwater unless there is no prudent and feasible alternative.

k. Any waste water containing fats, wax, grease or oils, whether emulsified or not, in excess of 150 mg/l which may solidify or become viscous at temperatures between 32 oF and 150 oF (0 oC and 65.6oC); and any waste water containing oil and grease concentrations of mineral origin of greater than 100 mg/l whether or not emulsified which may solidify or become viscous at temperatures between 32 oF and 150 oF.

l. Waste water containing inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in such quantities that they would cause disruption with the waste water treatment system

m. Radioactive wastes or isotopes of such a half-life or concentration that they are in noncompliance with standards issued by the appropriate authority having control over their use and which will or are likely to cause damage or hazards to the City's waste water treatment system or personnel operating it.

In addition to these prohibitions, no user shall discharge to any public sewer any discharge which causes interference, as defined, with the waste water treatment system. Pollutants in the effluent from an industrial user shall not be considered to cause interference where the industrial user is in compliance with specific prohibitions or standards developed by Federal, State or local governments. Where the industrial user is in compliance with such specific prohibitions or standards, and

Section 277:05

pollutants in the effluent from the industrial user's facility nevertheless are determined to have caused or significantly contributed to a violation of any requirement of the City's NPDES or State Disposal System Permit, and are likely to cause such a violation in the future, the City may take appropriate action to develop and enforce specific effluent limits for that industrial user to ensure renewed and continued compliance with the City's NPDES or State Disposal System Permit.

Section 277:05. Limitations on Waste Water Strength.

Subd. 1. National Categorical Pretreatment Standards. National categorical pretreatment standards promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this ordinance unless the Superintendent has applied for and obtained from the MPCA approval to modify the specific limits in the national categorical pretreatment standards. When requested, an application for modification of the national categorical pretreatment standards will be considered for submittal by the Superintendent when the City's waste water treatment system achieves consistent removal of the pollutants. "Consistent removal" shall be defined as in 40 CFR 403 of the "General Pretreatment Regulations for Existing and New Sources of Pollution." Conditional revisions of national categorical pretreatment standards may be made by the City in accordance with 40 CFR 403 of the "General Pretreatment Regulations for Existing and New Sources of Pollution" if requested by an industry in accordance with requirements of 40 CFR 403.

Subd. 2. State Requirements. State requirements and limitations on discharges shall be met by all users which are subject to such standards in any instance in which they are more stringent than Federal requirements and limitations or those in this or any other applicable ordinance.

Subd. 3. City's Right of Revision. The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the waste water treatment system if deemed necessary to comply with the objectives presented in Section 277:00 of this ordinance.

Subd. 4. Dilution. No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained herein, or in the national categorical pretreatment standards, or contained in any State requirements.

Subd. 5. Supplementary Limitations. Industrial waste waters containing the following substances shall not be in excess of the limits shown herein:

Section 277:07

INDUSTRIAL ALLOCATIONS (LBS/DAY) OF TOXIC POLLUTANTS FOR OWATONNA, MINNESOTA

______________________________________________________________________________ TOXIC TOTAL TOXIC TOTAL POLLUTANT (lb/day) POLLUTANT (lb/day)

Cadmium 0.09 Lead 7.95

Copper 0.48 Mercury 0.0089

Cyanide 1.25 Nickel 7.30

Chromium (T) 7.96 Silver 0.44

Chromium (+3) 7.40 Zinc 3.65

Chromium (+6) 0.28 ______________________________________________________________________________

Section 277:07. Accidental Discharges. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this ordinance. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. Plans showing facilities and operating procedures to provide this protection may be required by the Superintendent for review, and shall be approved by the Superintendent before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this ordinance. Users shall notify the Superintendent immediately upon having a slug or accidental discharge of substances or waste water in violation of this ordinance in order to enable countermeasures to be taken by the Superintendent to minimize damage to the waste water treatment system and the receiving waters. Such notifications will not relieve users of liability for any expense, loss or damage to the waste water treatment system or treatment process, or for any fines imposed on the City on account thereof under any State or Federal law. A notice shall be permanently posted in a prominent place advising employees whom to call in the event of a slug or accidental discharge. Employers shall ensure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure.

Section 277:09. Purpose. It is the purpose of this section to provide for the recovery of costs from users of the City's waste water treatment system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the City's Schedule of Charges and Fees as detailed in Chapter V of the 1992 Ordinance Code of Owatonna.

Section 277.11. Charges and Fees. The City Council shall adopt charges and fees which may include:

a. Fees for monitoring, inspections and surveillance procedures;

b. Fees for permit applications;

Section 277:11, c.

c. Appeal fees; and

d. Other fees as the Superintendent may deem necessary to carry out the requirements contained herein.

Section 277:13. Waste Water Discharge Permits.

Subd. 1. Mandatory Permits. All industries proposing to connect or to commence a new discharge to the waste water treatment system shall obtain a Waste Water Discharge Permit before connecting to or discharging into the waste water treatment system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to national categorical pretreatment standards under Section 307 (b) and (c) of the Act connected to or discharging into the waste water treatment system shall obtain a Waste Water Discharge Permit within 180 days after the effective date of this ordinance.

Subd. 2. Permit Application. Users required to obtain a Waste Water Discharge Permit shall complete and file with the Superintendent, an application in the form prescribed by the Superintendent. Existing users shall apply for a Waste Water Discharge Permit within thirty (30) days after the effective date of this ordinance, and proposed new users shall apply at least ninety (90) days prior to connecting or discharging to the waste water treatment system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

a. Name, address and location (if different from the address);

b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

c. Waste water constituents and characteristics including but not limited to those governed by Sections 277:03 through 277:07 of this ordinance as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by EPA in 40 CFR Part 136;

d. Time and duration of discharge;

e. Average daily and thirty (30) minute peak waste water flow rates, including daily, monthly and seasonal variations, if any;

f. A plan showing the locations of a sewer, sewer connections and appurtenances located in and coming from the plant;

g. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged, including sludges, floats, skimmings, etc.

h. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or national categorical pretreatment standards, and (for an existing discharge) a statement regarding whether or not the pretreatment standards are being met on

Section 277:13, Subd. 2, i.

a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards. If additional operation and maintenance and/or pretreatment will be required, a proposed schedule by which the changes will be completed shall be submitted. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standard. No increment shall exceed nine (9) months in length, and progress reports concerning each increment shall be submitted within fourteen (14) days following each increment date;

i. General description of products manufactured and rate of production when required by Local, State or Federal regulations;

j. Type and amount of raw materials processed (average and maximum per day);

k. Number of full and part-time employees, and hours of operation; and

l. Any other information as may be deemed by the Superintendent to be necessary to evaluate the permit application.

The Superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Superintendent may issue a Waste Water Discharge Permit subject to terms and conditions provided herein.

Subd. 3. Permit Conditions. Waste Water Discharge Permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:

a. The unit charge or schedule of user charges and fees for the waste water to be discharged to the waste water treatment system;

b. Limits on the average and maximum waste water constituents and characteristics;

c. Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

d. Requirements for installation and maintenance of inspection and sampling facilities;

e. Requirements for installation, operation and maintenance of pretreatment facilities;

f. Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;

Section 277:13, Subd. 3, g.

g. Compliance schedules;

h. Requirements for submission of technical reports or discharge reports;

i. Requirements for maintaining and retaining plant records relating to waste water discharge as specified by the Superintendent, but in no case less than three (3) years, and affording Superintendent access thereto;

j. Requirements for notification to and acceptance by the Superintendent of any new introduction of waste water constituents or of any substantial change in the volume or character of the waste water constituents being introduced into the waste water treatment system;

k. Requirements for notification of slug or accidental discharges as provided in Section 277:07 of this ordinance, and reporting of permit violations;

l. Requirements for disposal of sludges, floats, skimmings, etc.; and

m. Other conditions as deemed appropriate by the City to ensure compliance with this ordinance.

Subd. 4. Permit Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Superintendent during the term of the permit as limitations or requirements as identified in Section 277:03 through 277:07 of this ordinance are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Subd. 5. Permit Modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the Waste Water Discharge Permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a Waste Water Discharge Permit as required by Section 277:13, Subd. 2, of this ordinance, the user shall apply for a Waste Water Discharge Permit within 180 days after the promulgation of an applicable national categorical pretreatment standard. In addition, the user with an existing Waste Water Discharge Permit shall submit to the Superintendent within 180 days after the promulgation of an applicable national categorical pretreatment standard the information required by paragraph h. of Section 277:13, Subd. 2, of this ordinance. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.

Section 277:13, Subd. 6

Subd. 6. Permit Transfer. Waste Water Discharge Permits are issued to a specific user for a specific operation. A Waste Water Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Superintendent. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Section 277:15. Self-Monitoring Reports. A condition of the Industrial Discharge Permit shall include the completion and submittal of accurate routine self-monitoring reports to the Superintendent in the form substantially similar to that set forth in Appendix A. The nature and frequency of routine reporting shall be based upon the information provided in the permit application form.

Users subject to Pretreatment Standards shall submit reports to the City in accordance with the applicable Pretreatment Standards.

Waste water discharge records of a user shall be kept by the user for a period of not less than three (3) years. The user shall provide the Superintendent reasonable access to these records during normal business hours. A user subject to an applicable Pretreatment Standard shall maintain all records required by 40 CFR 403.12 (n) of the General Pretreatment Regulations.

Section 277:17. Monitoring Facilities. Monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems shall be provided and operated by industrial users at the City's request. Water meters shall be acceptable for monitoring flow if the waste water discharge is directly related to the water use. The monitoring facility should normally be situated on the user's premises, but the Superintendent may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and compositing of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Superintendent's requirements and all applicable local construction standards and specifications. Construction shall be completed in accordance with a construction schedule developed and agreed to mutually by the Superintendent and the industrial user.

Section 277:19. Inspection and Sampling. The Superintendent shall inspect the facilities of any user to ascertain whether the purpose of this ordinance is being met and all requirements are being complied with. Persons or occupants of premises where waste water is created or discharged shall allow the Superintendent ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Superintendent, Minnesota Pollution Control Agency (MPCA) and Environmental Protection Agency (EPA) shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force

Section 277:21

which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, the Superintendent, MPCA and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Representative samples of a user's industrial waste water shall be collected on normal operating days and in accordance with guidelines listed in Appendix B. Industrial users subject to Pretreatment Standards shall sample in accordance with the Pretreatment Standards. Self-monitoring point(s) for industrial users who are not subject to Pretreatment Standards shall be at a location before waste water is mixed with other discharges or at a point where waste can be adequately monitored.

Section 277:21. Pretreatment. Users shall provide necessary waste water treatment as required to comply with this ordinance and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the Federal pretreatment regulations.

Any facilities required to pretreat waste water shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Superintendent for review, and shall be acceptable to the Superintendent before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Superintendent under the provisions of this ordinance. Any subsequent changes in the pretreatment facilities shall be reported to and be acceptable to the Superintendent prior to the user's initiation of the changes.

All records relating to compliance with pretreatment standards shall be made available by the Superintendent to officials of the EPA or MPCA upon request.

Any user subject to a national categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of the commencement of a new discharge to the waste water treatment system, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards.

Section 277:23. Final Compliance Date Reporting Requirements. Within ninety (90) days following the date for final compliance with applicable pretreatment standards, or, in the case of the commencement of a new discharge to the waste water treatment system, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user, and certified to by a qualified professional.

Section 277:25

Section 277:25. Confidential Information. Information and data on a user obtained from applications, permits, monitoring programs and inspections shall be available to the public or other government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, and until such time as the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this ordinance, the NPDES Permit, State Disposal System Permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Waste water constituents and characteristics will not be recognized as confidential information. Information accepted by the Superintendent as confidential, shall not be transmitted to any governmental agency or to the general public by the Superintendent until and unless a ten (10) day written notification is given to the user.

Section 277:27. Sludges Generated. Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the City's waste water treatment system. Such sludges shall be contained, transported and disposed of in accordance with all Federal, State and local regulations.

Section 277:29. Slug or Accidental Discharges. The Superintendent may suspend the waste water treatment service of a user and/or a Waste Water Discharge Permit (after written notice to the discharger) when such suspension is necessary, in the opinion of the Superintendent, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the waste water treatment system, or would cause the City to violate any condition of its NPDES or State Disposal System Permit.

Any user notified of a suspension of the waste water treatment service and/or the Waste Water Discharge Permit shall immediately cease and desist and stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the waste water treatment system or endangerment to any individuals. The Superintendent shall reinstate the Waste Water Discharge Permit and/or the waste water treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the Superintendent within fifteen (15) days of the date of occurrence.

Section 277:31. Revocation of Permit. In accordance with the procedures of Sections 277:29 through 277:41 of this ordinance, the Superintendent may revoke the permit of any user which fails to factually report the waste water constituents and characteristics of its discharge; which fails to report significant changes in

Section 277:33

waste water constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring or for violation of conditions of its permit, this ordinance, or applicable State and Federal regulations.

Section 277:33. Notification of Violation. Whenever the Superintendent finds that any user has violated or is violating this ordinance, Waste Water Discharge Permit, or any prohibition, limitation or requirement contained herein, the Superintendent may serve upon such user a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the City by the user.

Section 277:35. Show Cause Hearing.

Subd. 1. Notice of Hearing. If the violation is not corrected by timely compliance, the Superintendent may order any user which causes or allows an unauthorized discharge to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council 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 before the hearing. Service may be made on any agent or officer of a corporation.

Subd. 2. Hearing Officials. The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee to:

a. Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings;

b. Take the evidence; and

c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereof.

Subd. 3. Transcripts. At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.

Subd. 4. Issuance of Orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Section 277:37

Section 277:37. Legal Action. If any person discharges waste water, industrial wastes or other wastes into the City's waste water disposal system contrary to the provisions of this ordinance, Federal or State pretreatment requirements or any order of the City, the City Attorney may, following the authorization of such action by the City Council, commence an action for appropriate legal and/or equitable relief.

Section 277:39. Annual Publication. A list of the users which were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the twelve (12) previous months may be annually published by the City in a local newspaper. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months. For the purposes of this provision, significant violations would be those violations which remain uncorrected forty-five (45) days after notification of noncompliance; which are part of a pattern of noncompliance over a twelve (12) month period; or which involve a failure to accurately report noncompliance.

Section 277:41. Appeal to the City Council. Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this ordinance and shall be entitled to a written reply from the City.

Any decision of the Superintendent in the enforcement of this ordinance may be appealed to the City Council by filing a written petition with the City Clerk within thirty (30) days of the Superintendent's ruling. Said petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. Said petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesman. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the Superintendent shall file within seventy-two (72) hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason. The City Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesman. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the Superintendent may present evidence in support of his decision.

The City Council shall decide the appeal within a reasonable time and notify the attorney or spokesman. The minutes of the Council shall constitute the official record of the petition, hearing and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense.

Section 277:43. Civil Penalties. Any user who is found to have violated an Order of the City Council or who has failed to comply with any provision of this ordinance, and the orders, rules, regulations and permits issued hereunder, may be fined not more than one thousand dollars ($1,000) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by an appropriate action against the person found to have violated this ordinance or the order, rules, regulations and permits issued hereunder.

Section 277:45

Section 277:45. Costs of Damage. Any user violating any of the provisions of this ordinance or who has a discharge which causes a deposit, obstruction, damage or other impairment to the City's waste water treatment system shall become liable to the City for any expense, loss or damage caused by the violation or discharge. The Clerk may add to the user's charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this ordinance.

Section 277:47. Falsifying Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance or Waste Water Discharge Permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance, or intentionally violates any section of this ordinance, shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than ninety (90) days, or by both.

Section 277:49. Severability. If any provision, word or section of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words and sections shall not be affected and shall continue in full force and effect.

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