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2015-593 ORDINANCE NO. 2015 - 593 An ordinance amending chapters 13.04, 13.16, and 13.18 relating to water & sewers, with penalties for violations as set forth in JGO 13.04.200, newly created 13.16.350, and 13.18.130. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 13.04.010 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 13.04.010 Waterworks management. The board of water commissioners, as provided in Chapter 66 of the Wisconsin Statutes, has been abolished, The entire charge and management of the waterworks utility owned by the city, and all property used in connection therewith, shall be vested in the City Manager, subject, however, to the general control and supervision of the council. - - ... .. - • , . .. • - : - .. - .. - the City Manager, ubject to the control of the common council. SECTION II. Section 13.04.020 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 13.04.020 Definitions. See Section 13.16.030-060 for additional definitions. A. "Director ". The City Manager, the Director of Public Works or Services, the Utility Director and/or other duly authorized deputy, agent or representative as designated by the City Manager. B . "PSC ". Public Service Commission of Wisconsin. C. "Water main" and "Public water main ". The principal pipes in a system of pipes for conveying potable water. Public water mains are provided by or subject to the jurisdiction of the City. It also includes water mains within or outside the City boundaries that serve one or more persons, even though those mains may not have been constructed with City funds. All individual water services must be connected to a public water main. Private water mains cannot be constructed or connected to the water distribution system. D. "Water service ". The pipe running between the public water main and the water meter. The portion between the main and the curb stop is owned by the Water Utility and is the Utility's responsibility to maintain. The portion between the curb stop and the meter is the customer's property and the customer's maintenance responsibility. SECTION III. Section 13.04.060(D) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: D. All water service pipe laid underground between stop box and the meter of 2" in diameter or less shall be of the materials listed in Table 84.30 -7 and Comm. 84.30 (4)(d) of the Wisconsin Administrative Code. All pipe laid underground between main and stop box shall be Type K soft copper. All pipe larger than 2" shall be cast pvc or ductile iron pipe meeting the standards of the American Water Works Association (AWWA) for water service. Exception: SECTION IV. Section 13.04.060(G) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: G. Prior to razing any building, or portion thereof, the person to whom a razing permit has been issued shall cause all water laterals to be disconnected and capped at the curb stop if the service is to be reused, and is of copper, lead, cast pvc or ductile iron, if however, the service is not scheduled for reuse, or is of wrought iron, lead or cast iron it shall be disconnected at the main by the removal of the corporation stop unless otherwise approved by the Director, the service lateral shall be abandoned. The utility will remove the existing corporation and plug the main, but the owner is responsible for the excavation of the water main at the existing corporation and the street repair. In addition, the existing curb box (stop box) must be removed by the owner. SECTION V. Section 13.04.070(B) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: B. In addition to the PSC Water Utility Operating Rules, all metered customers of the Janesville Water Utility shall allow the installation of a remote radio reading device. The remote radio reading device will allow the utility to obtain water meter reading on a regular basis without entering the customer's property. SECTION VI. Section 13.04.070(E) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: E. A copper meter horn : •• • .. •• - - • _ : - shall be provided to receive the meter on all services up to and including one (1) inch services. Meters of 11/2 -inch and larger shall be provided with a by -pass of equal size to the meter. No connection or fitting other than those necessary for the connection of the meter and a by -pass, when required, shall be inserted between the curb valve and the meter valve. SECTION VII. Section 13.04.070(I) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: I. Water meter service to multi- residential building units shall be readily accessible to city personnel during normal working hours. All meters shall be installed in the common portion of the basement or common utility rooms not located in the individual living units. Where individual meters are desired per living units, the meters shall be clustered or banked together in a common accessible location as noted above. - . . - . - .. : -, dedicated conduit(s) shall be provided sufficient in size to carry remote outside receptacle(s). SECTION VII. Section 13.04.080(C) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: C. The fire line and/or automatic sprinkler line may be used for domestic service providing the connection is made to the fire line outside the building. A shut off valve shall be provided on the domestic service outside the building in the public right of way ten (10) feet from the exterior wall. The shut off valve shall be of the manufacture adopted by the utility. No more than one domestic connection can be made, nor more than one building served, from a single fire line connection to a public water main. In addition, a building cannot be served with a domestic service from a fire line unless the fire line is connected to, and serves, the same building. SECTION VIII. Section 13.04.090 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 13.04.090 Use of Hydrants. A. In cases where no other supply is available, permission may be granted by the Director manager to use a hydrant. No hydrant shall be used until it is equipped with a spfink4ing valve backflow preventer and meter. A charge will be made for setting a valve meter, or for moving it from one hydrant to another. In no case shall any valve meter be moved except by a member of the water utility or authorized representative. B. Before a valve meter is set, payment must be made for its setting and for the water to be used at the scheduled rates. The applicant must make a deposit for the hydrant meter wheel-and the reducer, if desired. When the contractor has finished using the hydrant, he must notify the water utility to that effect. C. In thc use of firc hydrant supply, thc hydrant valve will . - - . ... .. • : . of the sprinkling valve. If thc water . .. • . .. .. - , . . - . • SECTION IX. Section 13.04.170(E) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: E. Upon presentation of credentials, the representative of the Janesville water utility or contractor shall have the right of entry at all reasonable hours to examine for cross connections any property served by a connection to the public water system of the city. Refusing entry to such utility representative shall be sufficient cause for the utility to discontinue the property's connection to the public water system under subsection E of this section. Upon the city's request, the owner, the lessee and/or the occupant of any property so served shall furnish to the utility any pertinent information regarding the piping system or systems on such property. SECTION X. Chapter 13.16 of the Code of General Ordinances of the City of Janesville is hereby repealed and recreated to read as follows: Chapter 13.16 WASTEWATER FACILITIES AND SEWER USE ORDINANCE Sections: General Provisions 13.16.010 Purpose and Policy 13.16.020 Wastewater Utility Authority 13.16.030 Administration 13.16.040 Service Area 13.16.050 Abbreviations 13.16.060 Definitions General Sewer Use Requirements 13.16.070 Prohibited Discharge Standards 13.16.080 National Categorical Pretreatment Standards 13.16.090 State Pretreatment Standards 13.16.100 Local Limits 13.16.110 Mercury Minimization Program 13.16.120 Conflict of Standards, Requirements and Limitations 13.16.130 Right of Revision 13.16.140 Dilution Pretreatment of Wastewater 13.16.150 Pretreatment Facilities 13.16.160 Additional Pretreatment Measures 13.16.170 Accidental Discharge / Slug Discharge Control Plans 13.16.180 Pollution Minimization Assessment 13.16.190 Hauled Wastewater Individual Wastewater Discharge Permits and General Permits 13.16.200 Wastewater Analysis for Permitting Purposes 13.16.210 Individual Wastewater Discharge Permit [and General Permit] Requirements 13.16.220 Individual Wastewater Discharge [and General] Permitting: Existing Connections 13.16.230 Individual Wastewater Discharge [and General] Permitting: New Connections 13.16.240 Individual Wastewater Discharge [and General] Permit Application Contents 13.16.250 Wastewater Discharge Permitting: General Permits 13.16.260 Permit Application Signatories and Certification Statement 13.16.270 Individual Wastewater Discharge [and General] Permit Decisions Sections (continued): Individual Wastewater Discharge [and General] Permit Issuance 13.16.280 Individual Wastewater Discharge [and General] Permit Duration 13.16.290 Individual Wastewater Discharge [and General] Permit Contents 13.16.300 Individual Wastewater Discharge [and General] Permit Modification 13.16.310 Individual Wastewater Discharge [and General] Permit Transfer 13.16.320 Individual Wastewater Discharge [and General] Permit Revocation 13.16.330 Individual Wastewater Discharge [and General] Permit Reissuance Reporting Requirements 13.16.340 Baseline Monitoring Reports 13.16.350 Compliance Schedule Progress Reports 13.16.360 Reports on Compliance with Categorical Pretreatment Standards Deadline 13.16.370 Periodic Compliance Reports 13.16.380 Reports of Changed Conditions 13.16.390 Reports of Potential Problems 13.16.400 Reports from Unpermitted Users 13.16.410 Notice of Violation / Repeat Sampling and Reporting 13.16.420 Analytical Requirements 13.16.430 Sample Collection 13.16.440 Date of Report Receipt 13.16.450 Recordkeeping and Retention 13.16.460 Certification Statements 13.16.470 Electronic (Digital) Reporting Submission Requirements Compliance Monitoring 13.16.480 Monitoring Facilities 13.16.490 Right of Entry: Inspection and Sampling 13.16.500 Search Warrants 13.16.510 Confidential Information / Trade Secrets 13.16.520 Publication of Users in Significant Noncompliance Administrative Enforcement Remedies 13.16.530 Notification of Violation 13.16.540 Consent Orders 13.16.550 Show Cause Hearing 13.16.560 Compliance Orders 13.16.570 Cease and Desist Orders 13.16.580 Court Forfeitures and Penalties, Equitable Relief 13.16.590 Emergency Suspension 13.16.600 Termination of Discharge Sections (continued): Judicial Enforcement Remedies 13.16.610 Injunctive Relief 13.16.620 Civil Penalties 13.16.630 Remedies Nonexclusive Supplemental Enforcement Action 13.16.640 Penalties for Late Reports 13.16.650 Performance Bonds 13.16.660 Liability Insurance 13.16.670 Payment of Outstanding Fees and Penalties 13.16.680 Water Supply Severance Affirmative Defenses to Discharge Violations 13.16.690 Accidental Discharge Upset 13.16.700 Prohibited Discharge Standards 13.16.710 Bypassing Wastewater Treatment Rates 13.16.720 Wastewater Treatment Rates Miscellaneous Provisions 13.16.730 Severability 13.16.740 Effective Date 13.16.010 Purpose and Policy. This ordinance sets forth uniform requirements for Users of the Publicly Owned Treatment Works for the City of Janesville and enables the [City] to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this ordinance are: A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation or contaminate the municipal biosolids; B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works; C. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater, sludge and biosolids in the course of their employment and the general public; D. To promote reuse and recycling of industrial wastewater, sludge and biosolids from the Publicly Owned Treatment Works; E. To provide for recovery of all costs associated with the operation, maintenance, and improvement of the Publicly Owned Treatment Works; and F. To enable [the City] to comply with its National Pollutant Discharge Elimination System permit conditions, biosolids use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject. This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance authorizes the issuance of individual wastewater discharge permit [or general permit]; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires User reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 13.16.020 Wastewater Utility Authority. A. General Authority. 1. The [City], by action of its governing body, provides means of purchase, construction, acquire or lease, extend, addition to, improve, conduct, control, operate and manage the Publicly Owned Treatment Works; including any treatment plant and equipment within or without its corporate limits for the collection, transportation, storage, treatment and final disposal of sewage including the lateral main and intercepting sewers and all necessary equipment. 2. The Publicly Owned Treatment Works for the City of Janesville shall constitute a sewerage system as defined by Wisconsin Statues Chapter 66, as time to time amended and/or renumbered. B. Funding. 1. All costs of exercising the authority under sub. (A) shall be funded, to the extent applicable, from the [City's] general fund, by taxation, special assessment or sewerage service charges, by municipal obligations or revenue bonds or from any combination of these sources. 2. If funding under par. (1) in whole or in part by the issue and sale of revenue bonds, the payments shall be made as provided in Wisconsin Statute 66.0621 to the extent not inconsistent with this section. a. "Public utility" as used in Wisconsin Statute 66.0621 includes the sewerage system, accessories, equipment and other property including land. b. The mortgage or revenue bonds or mortgage certificates do not constitute an indebtedness of the [City] and may be secured only by the sewerage system and its revenue. 3. All net earnings or profits derived or to be derived from the sewerage system shall be pledged, assigned or otherwise hypothecated into the water pollution control utility fund. C. Sewer Service Charges. 1. The [City], by action of its governing body shall establish sewerage service charges in an amount to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair and depreciation of the sewerage system and for payment of all or part of the principal and interest of any indebtedness incurred for those purposes, including the replacement of funds advanced by or paid from the [City] general fund. 2. For the purpose of making equitable charges for all services rendered by the sanitary sewerage system to the [City] or to citizens, corporations and other users, the property benefited by the system may be classified, taking into consideration the volume of water, including surface or drain waters, the character of the sewage or waste and the nature of the use made of the sewerage system, including the publicly owned treatment works. The charges may include standby charges to property not connected but for which sewerage system facilities have been made available. 3. Sewerage service charges shall be collected and taxed and shall be a lien upon the property served in the same manner as water rates are taxed and collected under Wisconsin Statute 62.69(2)(f) and 66.0809 to the extent applicable. 13.16.030 Administration. The City Manager shall administer, implement, and enforce the provisions of this ordinance, except as otherwise provided herein. Any powers granted to or duties imposed upon the City Manager may be delegated by the City Manager to a duly authorized [City] employee(s). 13.16.040 Service Area. The sewerage system shall extend and provide service within the corporate limits of the [City]. Service to properties or areas outside the corporate limits shall not be provided unless the property owner enters into an agreement with the [City] and a boundary agreement has been adopted between the [City] and the political jurisdiction in which the property is located. This agreement will require property annexation to the corporate limits of the [City] and allow the [City] to recoup some or all of the costs incurred for the service extension. 13.16.050 Abbreviations. The following abbreviations, when used in this ordinance, shall have the designated meanings: BOD — Biochemical Oxygen Demand BMP — Best Management Practice BMR — Baseline Monitoring Report CFR — Code of Federal Regulations CIU — Categorical Industrial User COD — Chemical Oxygen Demand DNR — Wisconsin Department of Natural Resources EPA — U.S. Environmental Protection Agency FOG — Fats, oils & greases gpd — gallons per day IU — Industrial User mg/1— milligrams per liter µg /1— micrograms per liter NPDES — National Pollutant Discharge Elimination System NSCIU — Non - Significant Categorical Industrial User POTW — Publicly Owned Treatment Works RCRA — Resource Conservation and Recovery Act SIU — Significant Industrial User SNC — Significant Noncompliance TSS — Total Suspended Solids U.S.C. — United States Code 13.16.060 Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq. B. Approval Authority. The State of Wisconsin Department of Natural Resources. C. Authorized or Duly Authorized Representative of the User. 1. If the User is a corporation: a. The president, secretary, treasurer, or a vice - president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long -term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for an individual wastewater discharge permit [or general permit] requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively. 3. If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. 4. The individuals described in paragraphs 1 through 3, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted and on file with the control authority. D. 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 degrees centigrade, usually expressed as a concentration (e.g., mg/1). E. Best Management Practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage areas. F. Bulk Waste. Holding tank wastes, privy or vault toilet wastes, septage, or other liquid wastes from agricultural, residential, commercial, or industrial sources. G. Bypass. The intentional diversion of waste streams from any portion of the User's facility. H. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471. I. Categorical Industrial User. An industrial user subject to categorical pretreatment standards or categorical requirements. J. [City]. The City of Janesville. K. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. L. Control Authority. The City of Janesville Wastewater Utility. M. Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day. N. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. O. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency. P. Existing Source. Any source of discharge that is not a "new source." Q. Grab Sample. A sample that is taken from a waste stream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. R. Holding Tank Waste. Scum, liquid, sludge or other waste from a tank designed to provide temporary storage of wastewater and which is not connected to a soil absorption field or other wastewater disposal system. S. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any point source other than residential or commercial sources that discharge only domestic waste. Method of introduction includes, but not limited to, by pipe, truck or rail car. T. Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. U. Interference. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the [City's] NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory /regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. V. Local Limit. Specific discharge limits developed and enforced by [the City] upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). W. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. X. Monthly Average. The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. Y. Monthly Average Limit. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. Z. New Source. Any building, structure, facility or installation: 1. From which there is (or may be) a discharge of pollutants, 2. For which the commencement of construction occurred after the publication in the federal register of proposed pretreatment standards that will be applicable if promulgated according to section 307(c) of the Act, 33 USC 1251 et seq.: and 3. That is one of the following: a. The building, structure, facility, or installation is constructed at a site at which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. 4. 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 par. (3) (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. 5. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous onsite construction program i. any placement, assembly, or installation of facilities or equipment; or ii. 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 b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. AA. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. BB. Pass Through. A discharge which exits the POTW into Wisconsin waterways in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the [City's] NPDES permit, including an increase in the magnitude or duration of a violation. CC. 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 representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. DD. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units. EE. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (including but not limited to: pH, temperature, TSS, turbidity, color, BOD, COD, FOG, trace metals, toxicity, odor, volatile or semi - volatile compounds). FF. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard. GG. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. HH. Pretreatment Standards or Standards. Any regulation which applies to Users and which contains pollutant discharge limits promulgated by DNR in accordance with Wisconsin Statute 283.21(2). This term includes prohibited discharge standards set forth in or established under Wisconsin administrative code NR211.10; categorical pretreatment standards set forth in Wisconsin administrative code NR211.11, NR221 through 297. II. Prohibited Discharge Standards or Prohibited Discharges. Any standard specifying quantities or concentrations of pollutants or pollutant properties which shall not be discharged to a POTW by users regardless of industrial category. JJ. Publicly Owned Treatment Works or POTW. A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), and any sewers that convey wastewater to such a treatment works, which is owned by the [City]. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or liquid industrial wastes, which convey wastewater to a treatment plant. The term also means the municipality which has jurisdiction over the indirect discharges to and the discharges from, such a treatment works. KK. Regulated Stream. A process generating wastewater and or pollutants regulated by a categorical pretreatment standard. LL. Septage Tank Waste. The liquid, scum, sludge, or other sewage, in which settled sludge is in immediate contact with the wastewater flowing through the vessel exhibiting conditions for naturally forming bacteria to decompose the organic solids present. This term does not include waste characterized, generated or associated with grease traps. MM. Sewage. Human excrement and gray water (household showers, residential dishwashing operations, residential laundry operations). NN. Sewerage. Encompassing all constructions for collections, transportation, pumping, treatment and final disposition of wastewater and sludge. 00. Significant Industrial User (SIU). Means: 1. An Industrial User subject to categorical pretreatment standards in Wisconsin administrative code NR 221 to 297, except as provided in Wisconsin administrative code NR 211.15(4)(d); or 2. An industrial user that: a. Discharges an average of twenty -five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); b. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or c. Is designated as such by the control authority on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. 3. The control authority may determine that an Industrial User subject to categorical Pretreatment Standards is a Non - Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non - contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met: a. The industrial user, prior to control authority's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements; b. The industrial user annually submits the certification statement required in [City] ordinance 13.16.460.B, together with any additional information necessary to support the certification statement; and c. The industrial user never discharges any untreated concentrated wastewater. 4. Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(0(6), determine that such user should not be considered a significant industrial user. PP. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards. Any discharge of a non - routine, episodic nature, including but not limited to an accidental spill or a non - customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions. QQ. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. RR. Total Suspended Solids or Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering. SS. Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by EPA under the provisions of the Act section 307(a); 40 CFR 401.15. TT. Unregulated Stream. A process generating wastewater and or pollutants not regulated by a categorical pretreatment standard. UU. User or Industrial User. A source of indirect discharge. W. Wastewater. Liquid and water - carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. WW. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. XX. WPDES Permit. A NPDES control mechanism issued to a POTW by the approval authority under Wisconsin Statute 283.31 for the purpose of controlling pollutant discharge. 13.16.070 Prohibited Discharge Standards. A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: 1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed -cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21; 2. Wastewater having a pH less than 5.0 s.u. or more than 10.0 s.u., or otherwise causing corrosive structural damage to the POTW or equipment; 3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference; but in no case solids greater than one half inch in any dimension; 4. Pollutants, including oxygen- demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW; 5. Wastewater having a temperature greater than 149 degrees Fahrenheit, or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit; 6. Polar FOG including but not limited to petroleum oil, non - biodegradable cutting oil, or products of mineral oil origin, in concentrations greater than 100 mg/1 and in amounts that will cause interference or pass through; 7. Nonpolar FOG including but not limited to fats, oils, or greases of animal or vegetable origin in concentrations greater than 300 mg /1 and in amounts that will cause interference or pass through; 8. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 9. Trucked or hauled pollutants, except at discharge points designated by the control authority designee in accordance with [City] ordinance 13.16.190; 10. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; 11. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the [City's] NPDES permit; 12. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; 13. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the control authority designee; 14. Sludges, screenings, or other residues from the pretreatment of industrial wastes; 15. Medical wastes, except as specifically authorized by the control authority designee established in an individual wastewater discharge permit [or a general permit]; 16. Hazardous waste as defined in 40 CFR Part 261 and Wisconsin Administrative Code ch.NR 661; 17. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test; 18. Detergents, surface - active agents, or other substances which that might cause excessive foaming in the POTW; 19. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent (5 %) or any single reading over ten percent (10 %) of the Lower Explosive Limit of the meter. 13.16.080 National Categorical Pretreatment Standards. A. Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, parts 405 to 471 and Wisconsin Administrative Code chapters. NR 221 to 297. 1. Limits in categorical pretreatment standards shall apply to the effluent from the process regulated by the standard, unless otherwise specified in the standard. 2. Limits in categorical pretreatment standards shall apply to waste streams which are transported off -site for disposal as well as those discharged on -site. 3. CIUs shall comply with applicable categorical pretreatment standards, in addition to complying with the general prohibitions established in [City] ordinance 13.16.070, unless specifically noted otherwise in the categorical pretreatment standard. B. Compliance Dates. 1. All CIUs, except new sources, shall comply with the applicable categorical pretreatment standards within 3 years from the effective date of the standard, or within a shorter period of time if specified in the applicable standard. 2. A direct discharger which becomes a CIU after promulgation of an applicable categorical pretreatment standard may not be considered a new source unless it meets the definition of a new source established in [City] ordinance 13.16.060.Z. 3. New sources shall install, have in operating condition and start up all of the pollution control equipment required to meet the applicable pretreatment standards before beginning discharge. Within the shortest feasible time, not to exceed 90 days, new sources shall meet all applicable pretreatment standards. C. Conversion to Equivalent Mass or Concentration Standards. 1. Where a categorical pretreatment standard is expressed only in terms of pollutant mass per production unit, the control authority may convert the pretreatment standard to equivalent limitations expressed either as pollutant mass discharged per day or effluent concentration. The determination to convert production based limits is at the discretion of the control authority. a. Equivalent mass per day limits shall be calculated by multiplying the categorical pretreatment standard limit by the user's average rate of production. i. This average rate of production shall be based upon a reasonable measure of the user's actual long term daily production, such as average daily production during a representative year. ii. For new sources, actual production shall be estimated using projected production. b. Equivalent concentration limits shall be calculated by dividing the mass limits derived according to subd. a., listed above, by the average daily flow rate of the user's process wastewater. This average daily flow rate shall be based upon a reasonable measure of the user's actual long term average flow rate, such as the average daily flow rate during the same representative year used in subd. a., listed above. c. When pretreatment standards specify both daily and long term limits, the same production or flow figures shall be used in calculating daily and long term equivalent limits. d. Any user operating under an individual wastewater discharge permit incorporating equivalent mass or concentration limits calculated from a production based categorical pretreatment standard shall notify the control authority within 2 business days after the user has reason to know that the production level will significantly change within the next calendar month. Any user which does not notify the control authority of such anticipated change shall meet the mass or concentration limits in their permit that were based on the original estimate of the long term average production rate. 2. Where a categorical pretreatment standard is expressed only in terms of pollutant concentrations, a user may request that the control authority convert the pretreatment standard to equivalent mass limits. The determination to convert concentration limits to mass limits is at the discretion of the control authority. a. The control authority may establish equivalent mass limits only if the user meets all the conditions set forth below: i. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit; ii. Uses control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and has not used dilution as a substitute for treatment; iii. Provides sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long -term average production rate. Both the actual average daily flow rate and the long -term average production rate must be representative of current operating conditions; iv. Does not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and v. Has consistently complied with all applicable categorical pretreatment standards during the period prior to the user's request for equivalent mass limits. b. Upon approval by the control authority a user subject to equivalent mass limits shall: i. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits; ii. Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device; iii. Continue to record the facility's production rates and notify the control authority whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in subd. a.iii. of this section. Upon notification of a revised production rate, the control authority shall reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and iv. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subd. a.i. of this section so long as it discharges under an equivalent mass limit. c. A control authority which chooses to establish equivalent mass limits: i. Shall calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated processes by the concentration -based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor; ii. Upon notification of a revised production rate, shall reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and iii. May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to [City] ordinance 13.16.140.. The user must also be in compliance with [City] ordinance 13.16.730 regarding the prohibition of bypass. d. A control authority may not express limits in terms of mass for pollutants such as pH, temperature, radiation or other pollutants which cannot appropriately be expressed as mass. 3. The control authority may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455, and Wisconsin Administrative Code chapters. NR 233, 235, 279 to equivalent concentration limits. The determination to convert mass limits to equivalent concentration limits is at the discretion of the control authority. a. The control authority shall use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455, and Wisconsin Administrative Code chapters. NR 233, 235, 279 when converting such limits to concentration limits and; b. Document that dilution is not being substituted for treatment pursuant to [City] ordinance 13.16.140. 4. The user must comply with the equivalent limitations developed in section 13.16.080.0 in lieu of the promulgated categorical pretreatment standards from which the equivalent limitations were derived once incorporated into its individual wastewater discharge permit. D. Compensation for pollutants in intake water. 1. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the CIU's intake water if the applicable categorical pretreatment standards specifically provide that they may be applied on a net basis or if the CIU demonstrates to the control authority that: a. The CIU demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters; b. The constituents of non - conventional pollutants, such as BOD, TSS, and FOG in a CIU's effluent are substantially similar to the constituents of a non - conventional pollutants in the intake water; c. The intake water is drawn from the same water body as the water body to which the POTW discharges. 2. The control authority shall grant credits only to the extent necessary to meet the applicable categorical pretreatment standards, up to a maximum value equal to the influent value. The control authority may require additional monitoring to determine eligibility for credits and compliance with the adjusted standards. E. Combined waste stream formula. 1. Where effluent from a process regulated by a categorical pretreatment standard is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be established by the control authority. These alternative limits shall apply to the mixed effluent. a. The control authority shall calculate both an alternative daily maximum and alternative monthly average values using the respective daily maximum or monthly average values specified in the appropriate categorical pretreatment standards. b. The CIU shall comply with the alternative daily maximum and alternative monthly average limits approved by the control authority until the control authority modifies the limits or approves a CIU modification request. i. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant. ii. The CIU shall immediately report any such material or significant change to the control authority. iii. Where appropriate, new alternative categorical limits shall be calculated within 30 days. 2. The alternative limit for a specified pollutant will be derived by use of formulas in accordance with 40 CFR 403.6(e). F. Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4- day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation. G. Fundamentally different factors variances. 1. Any interested person believing that factors relating to an industrial user are fundamentally different from the factors considered during development of a categorical pretreatment standard applicable to that industrial user, and that the existence of those factors justifies a different discharge limit from that specified in the applicable categorical pretreatment standard may request a fundamentally different factors variance under this section. Such a variance request may be initiated by EPA. 2. A request for a fundamentally different factors variance may be approved only if: a. Factors relating to the industrial user which would be affected by the variance are fundamentally different from the factors considered in establishing the applicable categorical pretreatment standard; b. There is an applicable categorical pretreatment standard which specifically controls the pollutant for which alternative limits have been proposed; and c. The procedural requirements of this section have been met. 3. A request for a fundamentally different factors variance to establish limits less stringent than required by the categorical pretreatment standard may be approved only if: a. The alternative limit requested is no less stringent than justified by the fundamental difference; and b. The alternative limit will not result in a violation of any prohibited discharge standard set forth in or established under section 13.16.070; c. The alternative limit will not result in an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during development of the categorical pretreatment standard; and d. Compliance with the applicable categorical pretreatment standard would result in either a removal cost wholly out of proportion to the removal cost considered during development of the standard or an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during development of the standard. 4. A request for a fundamentally different factors variance to establish limits more stringent than required by the categorical pretreatment standard may be approved only if: a. The alternative limit requested is no more stringent than justified by the fundamental difference; and b. Compliance with the alternative limit would not result in either a removal cost wholly out of proportion to the removal cost considered during development of the standard or an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during the development of the standard. 5. Factors considered fundamentally different are: a. The nature or quality of pollutants contained in the industrial user's raw process wastewater; b. The volume of the industrial user's process wastewater and the volume of effluent discharged; c. The environmental impact, other than that related to water quality, of control and treatment of the industrial user's raw process wastewater; d. The energy requirements of the application of control and treatment technology; e. Age, size, and configuration of the industrial user's equipment, facilities, production processes and process changes, availability of land, and engineering aspects of the application of control technology; and f. The cost of compliance with required control technology. 6. Factors which may not be considered fundamentally different are: a. The feasibility of installing the required pretreatment equipment within the time allowed by the categorical pretreatment standard; b. The assertion that the standard cannot be achieved with the appropriate pretreatment equipment installed, if such assertion is not based on factors listed in subd. 5; c. The industrial user's ability to pay for the required pretreatment equipment; or d. The impact of a discharge on the quality of the POTW's receiving water. 7. Requests for a variance shall be submitted in writing to the DNR within 180 days after the effective date of the federal categorical pretreatment standard. If the industrial user has requested a categorical determination under Wisconsin Administrative Code NR 211.33 the request for fundamentally different factors variance may be delayed to within 30 days after the final decision on the category determination has been made. Variance requests shall include the following: a. The name and address of the person making the request; b. Identification of the interest of the person making the request; c. Identification of the POTW receiving the indirect discharge from the industrial user for which the variance is requested; d. Identification of the categorical pretreatment standards applicable to the industrial user; e. A list of each pollutant for which an alternative discharge limit is sought; f. The alternative discharge limits being proposed for each pollutant identified in par. E, listed above; g. A description of the industrial user's existing pretreatment equipment; h. A schematic flow chart of the industrial user's water system including water supply, process wastewater systems, and points of discharge; and i. A statement of facts clearly establishing why the variance request should be approved, including detailed supporting data, documentation and evidence necessary to fully evaluate the merits of the request. 8. The DNR will act only on written requests for variances which contain all of the information required in subd.7 listed above. Persons who submit incomplete requests will be notified that the requests are deficient and will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days, or within an extended period if allowed by the department, the request for the variance shall be denied. 9. The DNR shall publish a notice of its receipt of a request for a fundamentally different factors variance and shall mail copies of the notice to the affected industrial user and any other interested party. The public notice shall be published as a Class I notice under Wisconsin statue chapter 985, in a newspaper of general circulation in the area in which the industrial user is located. The department shall allow a 30 -day period for public review and comment. 10. If the DNR finds that fundamentally different factors do not exist, the DNR shall deny the request. If the DNR finds that fundamentally different factors do exist, the request and findings shall be forwarded to EPA for EPA's approval, disapproval, or revision and approval of the variance. A copy of the final determination shall be sent to the person requesting the variance, and to the affected industrial user and POTW. 13.16.090 State Pretreatment Standards. Users must comply with the Wisconsin general pretreatment requirements codified at Wisconsin Administrative Code Chapter NR 211 and any applicable categorical effluent limitations codified at Wisconsin Administrative Code Chapters NR 220 through 299. 13.16.100 Janesville Local Limits. A. The control authority is authorized to establish Local Limits pursuant to 40 CFR 403.5(c) and Wisconsin Administrative Code NR 211.10(3). B. A local limit evaluation is an extensive study conducted to evaluate the impact of non - residential dischargers in relationship to Janesville POTW plant NPDES requirements. Various potentially limiting environmental criteria were considered relative to the local limits evaluation. These criteria encompassed the NPDES standards, water quality standards, discharge levels causing inhibition, upset, pass through, and sludge disposal standards. Additional criteria considered are worker health and safety issues, air emissions, domestic background levels, operational removal efficiencies, comparison to categorical standards as well as other POTW limits. C. Local limits are legally enforceable values that when exceeded by a user will result in an administrative enforcement action. D. The following pollutant guidelines are established generally for the non -toxic or more conventional pollutants. These guidelines are used as benchmarks for non - residential users because the treatment is more of a loading issue than a toxicity issue. 1. Guideline concentrations may incur or be assessed a surcharge; defined as additional charges to recover the cost associated to treat wastewater concentrations above a defined value, as promulgated in [City] Ordinance Chapter 13.18 Sewer Service Charges. 2. Should a user continually exceed guideline values and require classification as a SIU; guideline concentrations or alternatives may be incorporated into an individual wastewater discharge permit or [general permit] and shall be enforceable as local limits. 3. Janesville Local Guidelines Pollutant Guideline (mg/1) Ammonia Nitrogen Reserved BOD5 250 FOG nonpolar 300 FOG polar 100 Total Selenium 7.8 Total Suspended Solids 300 E. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following the duration: daily maximum limit. 1. Janesville Local Limits Pollutant Local Limit (mg/1) unless expressed otherwise Arsenic 1.1 Cadmium 1.4 Chromium 9.5 Copper 2.4 Cyanide 4.8 Lead 7.8 Mercury No detectable discharge allowed Nickel 6.3 Phosphorus 18.0 or 20 lbs./day Silver 5.4 Zinc 3.1 pH 5.0 —10.0 s.u. 2. The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The control authority may impose mass limitations in addition to the concentration -based limitations above. 3. Exclusive of the phosphorus daily maximum limit, any user discharging above the normal phosphorus concentration of 8 mg /1 which causes or significantly contributes to a NPDES permit violation will constitute a local limit violation. The control authority may levy monetary penalties upon any user for additional cost incurred by the POTW to process, treat and remove phosphorus above normal concentration. 4. Users may apply for the phosphorus mass based daily maximum limit in lieu of the concentration based phosphorus daily maximum limit. a. Applicants shall comply with all terms of the pollutant minimization assessment described in [City] ordinance 13.16.180. b Users which do not apply for the phosphorus mass based daily maximum limit remain subject to the phosphorus concentration based daily maximum limit. F. The control authority may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits [or general permits], to implement local limits. 13.16.110 Mercury Minimization Program. A. Dental offices. This section applies to any dental office that places or removes amalgam. If the work performed at a dental office is orthodontics, periodontics, oral and maxillofacial surgery, endodontics, prosthodontics or other than placing or removing amalgam; then this section is not applicable. 1. All dental offices shall implement best management practices for amalgam as established by the Wisconsin Dental Association. 2. All vacuum systems where amalgam is placed or removed shall include an amalgam separator that meets the criteria of the International Standards Organization (ISO 11143). a. Dental offices shall install, operate, and maintain the amalgam separator according to the instructions provided by the manufacturer; b. The amalgam separator shall have a design and capacity appropriate for the size and type of vacuum system. 3. The only dental offices that will be exempt from installing an amalgam separator shall be those that meet a de minimis requirement of placing or removing 6 amalgam fillings per calendar year. 4. Dental offices shall obtain records from the contractor(s) used to remove amalgam waste, for each shipment showing: the volume or mass of amalgam waste shipped; the name and address of the destination; and the name and address of the contractor. a. Dental offices shall maintain these records for a minimum of seven years; b. Dental offices shall make these records available to the control authority for inspection and copying upon request. 5. Annually on or before June 30th of each year, each dental office shall submit a report to the control authority that; a. Identifies the volume or mass of amalgam waste shipped; b. The name and address of the final destination and; c. The name and address of the contractor(s) used to remove and transport amalgam waste within the previous calendar year; d. Indicate all maintenance performed on the amalgam separator within the previous calendar year, including inspections, cleaning, repairs and other maintenance. All maintenance and repair activities with the exception of routine activities authorized by the manufacturer shall be performed by a technician trained and authorized by the manufacturer to perform those activities; and e. The report shall certify that: i. During the past year, all regularly scheduled maintenance and other repairs required or recommended by the manufacturer and the manufacturer's representative have been completed; ii. The amalgam separator, as of the date of the report, is in good overall operating condition. 6. Dental offices shall permit the control authority to inspect the vacuum system, amalgam separator, and amalgam waste storage areas. 7. Dental offices implementing the management practices, operating and maintaining the amalgam separator as required by subd. 1 -6 above, then with regard to mercury shall not be subject to the regulatory standards and requirements promulgated in [City] ordinance 13.16.100. 8. The control authority shall provide forms for reporting the information under the Mercury Minimization Program. B. Other facilities. This section applies to all other facilities having the potential to discharge mercury or mercury- containing material into the POTW. The [City] strongly advocates the proper handling and, if possible, recycling of all mercury containing products. 1. Facilities include: a. Medical facilities, including all hospitals, clinics and veterinary facilities that have laboratories. b. School facilities, including all public and private schools with science laboratories, including middle schools, high schools, technical schools, colleges and universities, but not elementary schools. c. Industrial facilities, including all industrial plants that historically or consistently discharge mercury into the wastewater treatment plant and industrial plants with the potential for mercury in their wastewater. 2. All facilities regulated under this subd. B shall implement best management practices as established by the DNR Green Tier Charter and the [City]. a. Facilities regulated under this section shall submit a certification report to the control authority that identifies: i. The best management practices already implemented and; ii. Lists the anticipated dates for implementing the remainder of best management practices. b. The control authority shall provide forms for reporting the information under the Mercury Minimization Program. 3. Facilities implementing the required best management practices, then with regard to mercury shall not be subject to the regulatory standards and requirements promulgated in [City] ordinance 13.16.100. 13.16.120 Assessment of Standards, Requirements and Limitations. Whenever a conflict exists between any of the standards, requirements or limitations established by Federal regulation, Wisconsin statues and administrative code or the [City] ordinance; the most stringent of those regulations and laws shall be met by all users. 13.16.130 Right of Revision. The [City] reserves the right to establish, by ordinance or in individual wastewater discharge permits [or in general permits], more stringent standards or requirements on discharges to the POTW consistent with the purpose of this ordinance. 13.16.140 Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The control authority may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements; or in other cases when the imposition of mass limitations is appropriate. 13.16.150 Pretreatment Facilities. A. Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set forth in this ordinance within the time limitations specified by EPA, the State, or the [City], whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. B. Detailed plans describing such facilities and operating procedures shall be submitted to the control authority, [City] building inspector and WDNR for review, and shall be acceptable to the three aforementioned entities before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the [City] under the provisions of this ordinance. C. Users shall provide a schedule of the activities required to provide such additional wastewater treatment. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional wastewater treatment processes or equipment including but not limited to the following: 1. Hiring an engineer; 2. Completion of preliminary plans; 3. Completion of final plans; 4. Executing contracts for major components; 5. Construction commencement; 6. Equipment installation; 7. Construction completion; 8. Employee training regarding new processes or equipment operation and maintenance; 9. All other acts necessary to achieve compliance with this ordinance. 13.16.160 Additional Pretreatment Measures. A. Whenever deemed necessary, the control authority may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this ordinance. B. The control authority may require any user discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow - control facility to ensure equalization of flow. An individual wastewater discharge permit [or a general permit] may be issued solely for flow equalization. C. Grease, oil, and sand interceptors are necessary, unless exempt by the control authority, for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the control authority and [City] plumbing inspector, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense. 1. All plumbing installations for occupancy, other than dwelling units, where grease, fats, oils or similar waste products of cooking or food are introduced into the POTW shall be provided with interceptors in accordance with this subsection. All drains and drain piping carrying oil, grease, or fats shall be directed through one or more interceptors in accordance with State and [City] plumbing code: a. New plumbing systems. Notwithstanding the State and [City] plumbing codes, all new plumbing systems which discharge to the POTW shall be provided with one or more exterior grease interceptors. b. Altered or remodeled plumbing systems. Notwithstanding the State and [City] plumbing codes, all existing plumbing systems that discharge to the POTW which are altered or remodeled as to that part of the plumbing system which discharges from kitchens or food processing areas shall be provided with one or more exterior grease interceptors. c. Existing installations. The control authority or [City] plumbing inspector may require the installation of exterior or interior grease interceptors for existing plumbing installations where the waterway of a drain system or sewer system is reduced or filled due to congealed grease, or where congealed grease otherwise impairs the proper functioning of the sewer system. d. Exterior grease interceptors shall receive the entire waste discharge from kitchens or food processing areas. All exterior interceptors shall be designed, constructed, and installed in accordance with the standards contained in the State and [City] plumbing codes. 2. Maintenance and records retention. The user shall maintain a written record of inspection and maintenance for seven (7) years. All such records will be made available for on -site inspection by the control authority during all operating hours. D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. 13.16.170 Accidental Discharge /Slug Discharge Control Plans. The control authority shall evaluate whether each SIU needs an accidental discharge /slug discharge control plan or other action to control slug discharges. The control authority may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. An accidental discharge /slug discharge control plan shall address, at a minimum, the following: A. Description of discharge practices, including non - routine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the control authority of any accidental or slug discharge, as required by [City] ordinance 13.16.390; and D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. 13.16.180 Pollutant Minimization Assessment. A. General Assessment. All users applying for mass based limits shall comply with all terms of this Chapter within ninety (90) days after the effective date of this Chapter. B. Assessment Forms. Users shall complete and file with the control authority a pollutant minimization assessment declaration in the form prescribed by the control authority. Existing industrial users shall file assessment forms within ninety (90) days after the effective date of this Chapter. At least ninety (90) days prior to commencement of discharge, new sources and users that become significant industrial users shall submit pollutant minimization assessment declaration forms to the control authority. The pollutant minimization assessment to be developed by the user shall cover: 1. Site description: a. Disclosure of name, address and location of the user, and the name of owners and operator; b. Disclosure of North American Industry Classification System (NAICS) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; and c. Description of products, facility operations and processes. 2. Process and facility data compilation: a. Disclosure of identified materials contributing to pollutant generation; b. Disclosure of source, type, quantity and concentration of identified waste streams contributing to pollutant generation. 3. Description of pollutant minimization options for consideration: a. Disclosure of source reduction options including but not limited to raw material substitution, improved operating practices and process and equipment modifications and or changes; b. Disclosure of recycling options including but not limited to material exchange or reuse and raw material recovery; c. Disclosure of waste treatment and alternative waste disposal options. 4. Disclosure of feasibility analysis for waste minimization options including technical and economic evaluations of each pollution minimization option. Disclose final outcome of each option and include recommendations for implementation of feasible options. C. The control authority will evaluate the complete pollutant minimization assessment form and data furnished by the user and may require additional information. Within thirty (30) days after full evaluation and acceptance of the furnished assessment, the control authority shall notify the user of whether mass based limits will be granted. Until the control authority provides such notification of approval, the user shall not proceed in any manner. 13.16.190 Hauled Wastewater. Holding tank waste, septage tank waste and other bulk waste may be introduced into the POTW upon determination by the control authority that excess hydraulic and loading capacities exist and that characteristics of such waste will not cause interference or pass through. Hauled wastewater shall be subjected to all other requirements of this ordinance; and shall not violate [City] ordinance 13.16.070 - 13.16.140 or any other requirements established by the control authority. A. Hauled wastewater shall only be accepted if such wastes are delivered by an approved licensed hauler to the [City] wastewater treatment plant and discharged at a location and at such times or conditions established by the control authority. No load shall be discharged without prior consent of the control authority. B. The control authority requires all licensed haulers to obtain an annual individual wastewater discharge permit or [general permit] prior to any hauled waste being discharged. 1. Licensed haulers shall have filed a completed application in writing, on a form provided by the control authority. 2. Any applicable application fees established in [City] ordinance 13.18.050 shall accompany the filed application. 3. The control authority will evaluate applications and shall approve or reject applications within thirty (30) days upon receipt. C. The control authority may restrict, suspend or prohibit the disposal of hauled wastewater at its discretion but not limited to: 1. Wastewater treatment plant operational or maintenance problems; or 2. NPDES violation directly or indirectly related to the acceptance of hauled wastewater. D. The control authority may require the waste hauler to provide a waste analysis of any load prior to discharge. E. The control authority may collect samples of each hauled load to ensure compliance with applicable standards and assess applicable surcharges. F. Waste haulers must provide a waste - tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. 13.16.200 Wastewater Analysis for Permitting Purposes. When requested by the control authority, a user must submit information on the nature and characteristics of its wastewater within forty -five (45) days of the request. The control authority is authorized to prepare a form for this purpose and may periodically require users to update this information. 13.16.210 Individual Wastewater Discharge Permit [and General Permit] Requirements. A. No CIU or SIU shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit [or a general permit] from the control authority. B. The control authority may require other users to obtain individual wastewater discharge permits [or general permits] as necessary to carry out the purposes of this ordinance. C. Any violation of the terms and conditions of an individual wastewater discharge permit [or a general permit] shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions promulgated in [City] ordinance 13.16.530 through 13.16.680. Obtaining an individual wastewater discharge permit [or a general permit] does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and [City] law. D. Permittees may challenge or appeal any conditions imposed within an individual [or general] wastewater discharge permit by filing a petition for modification in accordance with the requirements of [City] ordinance 13.16.300 within thirty (30) days upon receipt of the permit. Failure to petition for permit reconsideration within the thirty (30) day allotted time is deemed a waiver by the permittee of its right to challenge the terms of this permit. 13.16.220 Individual Wastewater Discharge [and General] Permitting: Existing Connections. Any user required to obtain an individual wastewater discharge permit [or a general permit] who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within 60 days after said date, apply to the control authority for an individual wastewater discharge permit [or a general permit] in accordance with [City] ordinance 13.16.240, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this ordinance except in accordance with an existing individual wastewater discharge permit [or a general permit] issued and by the control authority. 13.16.230 Individual Wastewater Discharge [and General] Permitting: New Connections. Any user required to obtain an individual wastewater discharge permit [or a general permit] who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit [or general permit], in accordance with [City] ordinance 13.16.240, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. 13.16.240 Individual Wastewater Discharge [and General] Permit Application Contents. A. All users required to obtain an individual wastewater discharge permit [or a general permit] must submit a permit application. Users that are eligible may request a general permit under [City] ordinance 13.16.250. The control authority shall require users to submit all or some of the following information as part of a permit application: 1. Identifying information including: a. The name and address of the facility, including the name of the operator and owner. b. Contact information, description of activities, facilities, and plant production processes on the premises; 2. Environmental Permits. A list of any environmental control permits held by or for the facility. 3. Description of operations including: a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes. b. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; c. Number and type of employees, hours of operation, and proposed or actual hours of operation; d. Type and amount of raw materials processed (average and maximum per day); e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge. 4. Time and duration of discharges. 5. The location for monitoring all wastes covered by the permit. 6. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in [City] ordinance 13.16.080.E. 7. Measurement of Pollutants. a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources. b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the control authority, of regulated pollutants in the discharge from each regulated process. c. Instantaneous, daily maximum, and long -term average concentrations, or mass, where required, shall be reported. d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in [City] ordinance 13.16.420. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard. e. Sampling must be performed in accordance with procedures set out in [City] ordinance 13.16.430. 8. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on [City] ordinance 13.16.370.B. 9. Any request to be covered by a general permit based on [City] ordinance 13.16.250. 10. Any other information as deemed reasonably necessary by the control authority to evaluate the permit application. B. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. 13.16.250 Wastewater Discharge Permitting: General Permits. A. The control authority, at their discretion, may use general permits to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must: 1. Involve the same or substantially similar types of operations; 2. Discharge the same types of wastes; 3. Require the same effluent limitations; 4. Require the same or similar monitoring; and 5. In the opinion of the control authority, are more appropriately controlled under a general permit than under individual wastewater discharge permits. B. To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with [City] ordinance 13.16.370.B. for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the control authority has provided written notice to the SIU that such a waiver request has been granted in accordance with [City] ordinance 13.16.370.B. C. The control authority will retain a copy of the general permit, all documentation to support the POTW's determination that a specific SIU meets the criteria in subd. A, listed above, applicable state regulations, and a copy of the user's written request for coverage for three (3) years after the expiration of the general permit. D. The control authority may not control an SIU through a general permit where the facility is subject to production -based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for users whose limits are based on the combined waste stream formula [City] ordinance 13.16.080.E or Net/Gross calculations [City] ordinance 13.16.080D. 13.16.260 Application Signatories and Certification Statements. A. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user pursuant to [City] ordinance 13.16.060.0 and contains the certification statement pursuant to [city] ordinance 13.16.460. B. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative. C. A facility determined to be a non - significant categorical industrial user by the control authority pursuant to [City] ordinance 13.16.060.00 must annually submit the signed certification statement in [City] ordinance 13.16.460.B. 13.16.270 Individual Wastewater Discharge [and General] Permit Decisions. The control authority will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of full evaluation and acceptance of the completed permit application; the control authority will determine whether to issue an individual wastewater discharge permit [or a general permit] or deny any application for an individual wastewater discharge permit [or a general permit]. 13.16.280 Individual Wastewater Discharge [and General] Permit Duration. An individual wastewater discharge permit [or a general permit] shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit [or a general permit] may be issued for a period less than five (5) years, at the discretion of the control authority. Each individual wastewater discharge permit [or a general permit] will indicate a specific date upon which it will expire. 13.16.290 Individual Wastewater Discharge Permit [and General Permit] Contents. An individual wastewater discharge permit [or a general permit] shall include such conditions as are deemed reasonably necessary by the control authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. A. Individual wastewater discharge permits [and general permits] must contain the following: 1. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date; • 2. A statement that the wastewater discharge permit is nontransferable without prior notification to the control authority in accordance with [City] ordinance 13.16.310, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; 3. Effluent limits, including best management practices, based on applicable pretreatment standards; 4. Self- monitoring, sampling, reporting, notification, and record - keeping requirements. These requirements shall include an identification of pollutants or best management practices to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and [City] law. 5. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with [City] ordinance 13.16.370.B. 6. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements; and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or [City] law. 7. Requirements to control slug discharge, if determined by the control authority to be necessary. 8. Any grant of the monitoring waiver by the control authority must be included as a condition in the user's permit. B. Individual wastewater discharge permits [or general permits] may contain, but need not be limited to, the following conditions: 1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; 2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; 3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non - routine discharges; 4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; 5. The unit charge or schedule of user charges, surcharges and fees for the management of the wastewater discharged to the POTW; 6. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices; 7. A statement that compliance with the individual wastewater discharge permit [or the general permit] does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit [or the general permit]; and 8. Other conditions as deemed appropriate by the control authority to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations. 13.16.300 Permit Modification. A. The control authority may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons: 1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; 2. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance; 3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; 4. Information indicating that the permitted discharge poses a threat to the [City's] POTW, [City] personnel, the receiving waters or beneficial sludge use 5. Violation of any terms or conditions of the individual wastewater discharge permit; 6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; 7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; 8. To correct typographical or other errors in the individual wastewater discharge permit; or 9. To reflect a transfer of the facility ownership or operation to a new owner or operator. B. The control authority may modify a general permit for good cause, including, but not limited to, the following reasons: 1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; 2. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; 3. To correct typographical or other errors in the individual wastewater discharge permit; or 4. To reflect a transfer of the facility ownership or operation to a new owner or operator. 13.16.310 Individual Wastewater Discharge Permit [and General Permit] Transfer. A. Individual wastewater discharge permits [or coverage under general permits] may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the control authority and the control authority approves the individual wastewater discharge permit [or the general permit coverage] transfer. The notice to the control authority must include a written certification by the new owner or operator which: 1. States that the new owner and/or operator shall have no immediate intent to change the facility's operations and processes; 2. Identifies the specific date on which the transfer is to occur; and 3. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit [or general permit]. 4. Submits a revised authorized or duly authorized representative of the user acknowledgement as per [City] ordinance 13.16.060.C. B. Failure to provide advance notice of a transfer renders the individual wastewater discharge permit [or coverage under the general permit] void as of the date of facility transfer and shall initiate administrative and civil enforcement actions. 13.16.320 Individual Wastewater Discharge Permit [and General Permit] Revocation. A. The control authority may revoke an individual wastewater discharge permit [or coverage under a general permit] for good cause, including, but not limited to, the following reasons: 1. Failure to notify the control authority of significant changes to the wastewater prior to the changed discharge; 2. Failure to provide prior notification to the control authority of changed conditions pursuant to [City] ordinance 13.16.380; 3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; 4. Falsifying self - monitoring reports and certification statements; 5. Tampering with monitoring equipment; 6. Refusing to allow the control authority timely access to the facility premises and records; 7. Failure to meet effluent limitations; 8. Failure to pay fines; 9. Failure to pay sewer charges; 10. Failure to meet compliance schedules; 11. Failure to complete a wastewater survey or the wastewater discharge permit application; 12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or 13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit [or the general permit] or this ordinance. B. Individual wastewater discharge permit [or coverage under general permit] shall be voidable upon cessation of operations or transfer of business ownership pursuant of [City] ordinance 13.16.310. C. All individual wastewater discharge permits [or general permits] issued to a user are void upon the issuance of a new individual wastewater discharge permit [or a general permit] to that user. 13.16.330 Individual Wastewater Discharge Permit [and General Permit] Reissuance. A. A user with an expiring individual wastewater discharge permit [or general permit] shall apply for individual wastewater discharge permit [or general permit] reissuance by submitting a complete permit application, in accordance with [City] ordinance 13.16.240, a minimum of 180 days prior to the expiration of the user's existing individual wastewater discharge permit [or general permit]. 13.16.340 Baseline Monitoring Reports. A. Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard as published in the federal register, or one hundred eighty (180) days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4) or Wisconsin Administrative code NR 211.33, whichever is later, users subject to the standard which are not new sources and which are currently discharging or scheduled to discharge into the shall submit to the control authority a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the control authority a report which contains the information listed in paragraph B, below. New sources shall include in this report information regarding the method of pretreatment that will be used to meet applicable categorical standards. The control authority may require the user to submit additional information which the control authority finds necessary to determine the user's ability to meet the applicable pretreatment standards. New Source shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Users designated as non - significant categorical industrial users are required to comply with the following reporting requirements. B. Users described above shall submit the information set forth below. 1. All information required in [City] ordinance 13.16.240.A.1 -2; 13.16.240.A.3.a and 13.16.240.A.6. 2. Measurement of pollutants. a. The user shall provide the information required in [City] ordinance 13.16.240.A.7; b. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection; c. Samples shall be taken at the discharge from the regulated process or at the discharge from the pretreatment facilities provided that wastewaters that are not regulated by the applicable categorical standard are not mixed with the regulated waste stream prior to the sampling point. Where sampling according to this provision is not feasible, the control authority may consider allowing alternative means of sampling to be used to determine compliance with applicable categorical pretreatment standard at the point of discharge from the regulated process. If streams which are not regulated by the applicable categorical pretreatment standard are mixed with the regulated stream prior to the sampling point, the user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula promulgated in [City] ordinance 13.16.080.E; d. Sampling and analysis shall be performed in accordance with [City] ordinance 13.16.420; e. The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures; f. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW. 3. Compliance Certification. A statement, reviewed by the user's authorized representative as defined in [City] ordinance 13.16.060.0 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O &M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. 4. Compliance Schedule. If additional pretreatment and/or O &M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O &M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in [City] ordinance 13.16.350. 5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with [City] ordinance 13.16.460 and signed by an authorized representative as defined in [City] ordinance 13.16.060.C. 13.16.350 Compliance Schedule Progress Reports. If a user requires additional pretreatment and/or operational and maintenance to achieve compliance with pretreatment standards and regulations, the following conditions shall apply to all compliance schedule progress reports: A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); B. No increment referred to above shall exceed nine (9) months; C. The User shall submit a progress report to the control authority no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and D. In no event shall more than nine (9) months elapse between such progress reports to the control authority. 13.16.360 Reports on Compliance with Categorical Pretreatment Standards Deadline. A. Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in [City] ordinance 13.16.240.A.6 and 7 and 13.16.340.B2. B. Users subject to equivalent mass or concentration limits established in accordance with the procedures in [City] ordinance 13.16.080.C, this report shall contain a reasonable measure of the user's long term production rate. C. 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. D. All compliance reports must be signed and certified in accordance with [City] ordinance 13.16.460. All sampling will be done in conformance with [City] ordinance 13.16.430. 13.16.370 Periodic Compliance Reports. A. Except as specified in [City] ordinance 13.16.370.C, below, all significant industrial users must, at a frequency determined by the control authority submit no less than twice per year (February and July) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user. B. The control authority may authorize a user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the user. This authorization is subject to the following conditions: 1. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical Standard and otherwise includes no process wastewater. 2. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. 3. In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. 4. The request for a monitoring waiver must be signed by the user's authorized representative as defined in [City] ordinance 13.16.060.C, and include the certification statement in [City] ordinance 13.16.460.A. 5. Non - detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis. 6. Any grant of the monitoring waiver by the control authority must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for 3 years after expiration of the waiver. 7. Upon approval of the monitoring waiver and revision of the user's permit by the control authority, the user must certify on each report with the statement in [City] ordinance 13.16.460.C, that there has been no increase in the pollutant in its waste stream due to activities of the user. 8. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of [City] ordinance 13.16.370.A, or other more frequent monitoring requirements imposed by the control authority, and notify the control authority. 9. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard. C. The control authority may reduce the requirement for periodic compliance reports to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by where the user's total categorical wastewater flow does not exceed any of the following: 1. 1,910 gallons per day (0.01 percent of the POTW's design dry- weather hydraulic capacity, as measured by a continuous effluent flow monitoring device unless the user discharges in batches; 2. 2.6 lbs. BOD /day (0.01 percent of the POTW's design dry- weather organic treatment capacity); and 3. POTW's value for 0.01 percent of the maximum allowable head works loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed. Pollutant Maximum Allowable Head works Loading (lb.) Arsenic 0.018 Cadmium 0.022 Chromium 0.15 Copper 0.038 Cyanide 0.077 Lead 0.12 Mercury No detectable discharge allowed Nickel 0.10 Phosphorus 0.29 Silver 0.086 Zinc 0.049 4. Reduced reporting is not available to users that have in the last two (2) years been in significant noncompliance, as promulgated in [City] ordinance 13.16.520. In addition, reduced reporting is not available to a user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the control authority, decreasing the reporting requirement for this user would result in data that are not representative of conditions occurring during the reporting period. D. Waste streams subject to pretreatment standards and requirements that have been shipped offsite for disposal, in lieu of discharge into the POTW, shall report the following information: 1. The manufacturing process and volume generated; 2. Waste hauler identification and specific transport information; and 3. The final destination and fate of such waste streams. E. All periodic compliance reports must be signed and certified in accordance with [City] ordinance 13.16.460.A. F. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. G. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in [City] ordinance 13.16.430, the results of this monitoring shall be included in the report. H. Users that send electronic (digital) documents in lieu of paper to the control authority to satisfy the requirements of this section must: 1. Submit in a format that cannot be altered without detection during transmission or at any time after receipt; 2. Any alterations to the electronic document during transmission or after receipt are fully documented; 3. The electronic document was submitted knowingly and not by accident; 4. The electronic document is validated upon the control authority receiving the certification statement paper page containing the original "wet ink" physically written signature of the authorized representative of the user (photocopy not acceptable) in addition to the electronic document submittal. 13.16.380 Reports of Changed Conditions. User's shall notify the control authority of any significant changes to the operations or system which might alter the nature, quality, or volume of its wastewater prior to implementing the change with sufficient notice to satisfactorily complete the following: A. The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under [City] ordinance 13.16.240. B. The control authority may issue an individual wastewater discharge permit [or a general permit] or modify an existing wastewater discharge permit [or a general permit] in response to changed conditions or anticipated changed conditions. C. The control authority may deny discharge of the change into the POTW under [City] ordinance 13.16.590, if determined the change would present or threaten or appear to present or threaten an imminent or actual danger of interference, pass through or employee health and safety to the POTW. 13.16.390 Reports of Potential Problems. A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non - routine, episodic nature, a non - customary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the control authority of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. Contact Telephone Numbers Description 608.755.3120 Control Authority Normal Business Hours 7:OOam -3:30 pm 608.755.6375 Control Authority After Hours B. Within five (5) days following such discharge, the user shall, unless waived by the control authority, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance. C. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure. D. Significant industrial users are required to immediately notify the control authority of any changes at its facility affecting the potential for a slug discharge. 13.16.400 Reports from Unpermitted Users. All users not required to obtain an individual wastewater discharge permit [or general permit] shall provide appropriate reports to the control authority as the control authority may require, time to time, submitted no later than the date specified. 13.16.410 Notice of Violation / Repeat Sampling and Reporting. A. Where the control authority has performed the original sampling and analysis in lieu of the user, the control authority shall perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. B. If sampling performed by a user indicates a violation, the user must notify the control authority within twenty -four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within thirty (30) days after becoming aware of the violation. 13.16.420 Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with Wisconsin administrative code NR 219. Laboratory test results for radiological samples submitted by the user to the control authority shall be performed by a laboratory approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection, unless otherwise specified in an applicable categorical pretreatment standard. Laboratory test results shall be performed by either a certified or registered laboratory accredited under Wisconsin administrative code NR 149. 13.16.430 Sample Collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report; based on data that is representative of conditions occurring during the reporting period; and performed at the monitoring frequency necessary to assess and/or assure compliance by the user with applicable pretreatment standards and requirements following the analytical requirements promulgated in [City] ordinance 13.16.420. A. Except as indicated in subd. B and C below, the user must collect wastewater samples using 24 -hour flow - proportional composite sampling techniques, unless time - proportional composite sampling or grab sampling is authorized by the control authority. When time - proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge and documented in the user's file or industrial wastewater discharge permit. Using protocols (including appropriate preservation) specified in Wisconsin administrative code NR 219 and appropriate EPA guidance, multiple grab samples collected during a 24 -hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. C. Sampling required in support of baseline monitoring and 90 -day compliance reports required in [City] ordinance 13.16.340 and 13.16.360, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by [City] ordinance 13.16.370, the user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements. 13.16.440 Date of Report Receipt. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. 13.16.450 Recordkeeping and Retention. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying by EPA, WDNR and the [City], all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under [City] ordinance 13.16.100.F. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least seven (7) years. This period shall be automatically extended for the duration of any litigation concerning the user or the [City], or where the user has been specifically notified of a longer retention period by the control authority. 13.16.460 Certification Statements. A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with [City] ordinance 13.16.260; users submitting baseline monitoring reports under [City] ordinance 13.16.340.B.5; users submitting reports on compliance with the categorical pretreatment standard deadlines under [City] ordinance 13.16.360; users submitting periodic compliance reports required by [City] ordinance 13.16.370.A -E; and users submitting an initial request to forego sampling of a pollutant on the basis of [City] ordinance 13.16.370.B.4. The following certification statement must be signed by an authorized representative of the user as defined in [City] ordinance 13.16.060.C: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. B. Annual Certification for Non - Significant Categorical Industrial Users. A facility determined to be a Non - Significant Categorical Industrial User by the control authority pursuant to [City] ordinance 13.16.060.00 and 13.16.260.0 must annually submit the following certification statement signed by an authorized representative of the user as defined in [City] ordinance 13.16.060.C. This certification must accompany an alternative report required by the control authority: Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR (insert applicable national pretreatment standard part(s)) I certify that, to the best of my knowledge and belief that during the period from , to (month, day, year): (a) The facility described as (insert facility name) met the definition of a Non - Significant Categorical Industrial User as described in [City] ordinance 13.16.060.00; (b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and (c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information: (insert information supporting the facility's classification as a non - significant industrial user). C. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on [City] ordinance 13.16.370.B must include the following statement along with the signature of the authorized representative of the user as defined in [City] ordinance 13.16.060.C. certifying the facility did not increase waste stream pollutant(s) due to activities of the user: Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR (insert applicable national pretreatment standard part(s)), I cent that, to the best of my knowledge and belief there has been no increase in the level of (list pollutant(s)) in the wastewaters due to the activities at the facility since filing of the last periodic report under [City] ordinance 13.16.370.A. D. Certification of Toxic Organics Management Plan. Categorical users promulgated to 40 CFR 433- Effluent Guidelines for Metal Finishing that have been approved by the control authority to implement a toxic organic management plan and total toxic organic certification statement in lieu of monitoring for total toxic organics shall certify that: Based on my inquiry of the permit or the persons directly responsible for managing compliance with the pretreatment standard for total toxic organics (TTO), I certify that, to the best of my knowledge and belief no dumping or concentrated toxic organics into the wastewaters has occurred since filing of the last periodic compliance report. I further certify that this facility is implementing the toxic organics management plan submitted to the control authority. 13.16.470 Electronic (Digital) Reporting Submission Requirements. Users that submit electronic (digital) documents in lieu of paper to the control authority to satisfy reporting requirements must: A. Submit in a format that cannot be altered without detection during transmission or at any time after receipt; B. Any alterations to the electronic document during transmission or after receipt are fully documented; C. The electronic document was submitted knowingly and not by accident; D. The electronic document is only validated upon the control authority receiving the certification statement paper page containing the original "wet ink" physically written signature of the authorized representative of the user (photocopy not acceptable) in addition to the electronic document submittal. 13.16.480 Monitoring Facilities. A. All users shall have an inspection and sampling manhole or structure installed with an opening of no less than twenty four (24) inches in diameter and an internal diameter no less than forty eight (48) inches which is designed to contain flow measurement and sampling equipment located with access in the sewer lateral between the user's facility and prior to connection with the [City] collection system. The manhole shall be in an unobstructed location and shall provide ample room in or near the manhole to allow accurate flow measurement, sampling and preparation of samples for analysis whether constructed on public or private property. B. Any user subject to an individual wastewater discharge permit [or a general permit] shall provide and operate, at the user's own expense, a monitoring facility to allow twenty -four (24) hour access for inspection, sampling and flow measurement of each unique waste stream outfall discharged into the POTW. C. Each monitoring facility shall be situated on the user's premises, except when such a location would, in the opinion of the control authority, cause an extreme hardship on the user. When the control authority determines such a hardship exists, the control authority may concur with the facility being constructed in the public right of way or easement, in an unobstructed location. The monitoring facility location shall provide ample room in or near the monitoring facility to allow accurate flow measurement, sampling and preparation of samples for analysis whether constructed on public or private property. D. The user shall submit plans for the location and design of the monitoring facility, and related sampling and flow measurement equipment for review and approval as promulgated in [City] ordinance 13.16.150 prior to construction. All monitoring facilities shall be constructed in accordance with all applicable local construction standards and specifications. All monitoring facilities shall be constructed and maintained in such a manner so as to enable the control authority to perform concurrent monitoring activities independently from the user provided and maintained sampling and flow monitoring equipment. E. The metering of flow volume discharged into the POTW shall be determined from incoming water consumption records maintained by the [City] Water Utility. 1. In the event that a user produces evidence satisfactory to the control authority that more than twenty percent of the total annual volume of water consumption is not discharged into the POTW collection system; the user shall be required to install and maintain flow measurement equipment. 2. In the event that a user discharges flow volume greater than what shall be determined from incoming water consumption records due, in part but not limited, to the introduction of raw materials, chemical addition or processes, cleaning and sanitation contribution; the user shall be required to install and maintain flow measurement equipment. 3. Devices for metering the volume of waste discharged may be required by the control authority. Metering devices for determining the volume waste discharged into the POTW shall be purchased, installed, owned and maintained at the user's expense. Following the approval and installation, such meters may not be removed without the consent of the control authority. All applicable service charges and surcharges shall then be determined by the volume recorded on such metering device. 4. Calibration of flow measurement equipment and devices shall be performed by an independent third party no less than an annual frequency. Calibration certification reports provided by the independent third party shall be submitted with the applicable periodic compliance report promulgated in [City] ordinance 13.16.370. 13.16.490 Right of Entry: Inspection and Sampling. The control authority shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this ordinance and any individual wastewater discharge permit [or general permit] or order issued hereunder. Users shall allow the control authority ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the control authority shall be permitted to enter without delay for the purposes of performing specific responsibilities. B. The control authority shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. C. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the control authority and shall not be replaced. The costs of clearing such access shall be borne by the user. D. Unreasonable delays in allowing the control authority access to the user's premises shall be a violation of this ordinance. 13.16.500 Search Warrants. If the control authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the [City] designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the control authority may seek issuance of a search warrant from the circuit court of Rock County, State of Wisconsin. 13.16.510 Confidential Information / Trade Secrets. A. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, [general permits] and monitoring programs, and from the control authority 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 control authority, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. B. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. C. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 and Wisconsin Statute 19.21 shall not be recognized as confidential information and shall be available to the public without restriction. 13.16.520 Publication of Users in Significant Noncompliance. The control authority shall publish annually, in a newspaper of general circulation that provides meaningful public notice in the [City], a list of the users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. An industrial user has been in significant noncompliance if any of the criteria in subd. A through H, below, apply. A non - significant industrial user has been in significant noncompliance if criteria in subd. C, D or H, below, apply: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty -six percent (66 %) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed by any magnitude a numeric pretreatment standard or requirement, including instantaneous limits; B. Technical Review Criteria (TRC) violations, defined here as those in which thirty- three percent (33 %) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH; or exceeded a pH limit by 0.4 standard units); C. The control authority has reason to believe that an user has caused, alone or in combination with other discharges, interference, pass through or endangerment of health of POTW personnel or the general public because of a violation of a pretreatment standard or requirement; D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment, or has resulted in the control authority's exercise of its emergency authority to halt or prevent such a discharge; E. The user failed to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit [or a general permit] or enforcement order for starting construction, completing construction, or attaining final compliance; F. The user has failed to provide within forty -five (45) days after the deadline a required report containing all required monitoring results and other information, such as baseline monitoring report, report on compliance with categorical pretreatment standard deadline, periodic self - monitoring report, and reports on compliance with compliance schedules; G. The user failed to accurately report noncompliance; or H. Any other violation(s), which may include a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program. 13.16.530 Notification of Violation. When the control authority finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or requirement, the control authority may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the control authority. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the control authority from initating additional administrative or judicial enforcement action, without first issuing a notice of violation. 13.16.540 Consent Orders. The control authority may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to [City] ordinance 13.16.560 and 13.16.570 and shall be judicially enforceable. 13.16.550 Show Cause Hearing. The control authority may order a user which has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or requirement, to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail at least fourteen (14) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in [City] ordinance 13.16.060.0 and required by [City] ordinance 13.16.260.A. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 13.16.560 Compliance Orders. When the control authority finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or requirement, [the Superintendent] may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed, properly operated and maintained. Compliance orders also may contain other requirements to address the noncompliance, including additional self - monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 13.16.570 Cease and Desist Orders. When the control authority finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the control authority may issue an order to the user directing it to cease and desist all such violations and directing the user to: A. Immediately comply with all requirements; and B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 13.16.580 Court Forfeitures and Penalties, Equitable Relief. A. When the control authority finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or requirement set forth in this ordinance, the control authority may initiate enforcement of penalties through legal action, together with equitable relief, in the manner allowed by Wisconsin law. Such forfeitures and other monetary penalties shall be assessed on a per- violation, per -day basis. In the case of monthly or other long -term average discharge limits, fines shall be assessed for each day during the period of violation. B. Unpaid charges, fines, and penalties shall be subject to such additional costs, fees, assessments, interest and legal and equitable relief allowed by law. Interest at the rate of one percent (1 %) per month shall be assessed as allowed by law upon the unpaid balance. A lien against the user's property may be sought for unpaid charges, fines, and penalties. C. The control authority may add the costs of preparing administrative enforcement actions, such as notices and orders and case preparation to the recovery sought through legal enforcement action. 13.16.590 Emergency Suspensions. The control authority may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The control authority may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the [City] POTW, or which presents, or may present, an endangerment to the environment. A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the [City] POTW, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in [City] ordinance 13.16.600 are initiated against the user. B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under [City] ordinance 13.16.550 or 13.16.600. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 13.16.600 Termination of Discharge. In addition to the provisions in [City] ordinance 13.16.320, any user who violates the following conditions is subject to discharge termination: A. Violation of individual wastewater discharge permit [or general permit] conditions; B. Failure to accurately report the wastewater constituents and characteristics of its discharge; C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; E. Violation of the conditions or any provision of this ordinance or any administrative or judicial order entered with respect hereto; F. Makes, attempts to make, aids or abets any connection to the [City] POTW collection system in any manner contrary to provisions of this ordinance or other Federal, State or [City] law; or G. Discharges, causes to be discharged, or in any manner aids in the discharge of any toxic or hazardous pollutant or any other substance prohibited in [City] ordinance 13.16.070. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under [City] ordinance 13.16.550 why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user. 13.16.610 Injunctive Relief. When the control authority finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or requirement, the control authority in addition to any and all other enforcement and legal actions, remedies, penalties and relief may petition the Circuit Court of Rock County through the [City's] Attorney's Office for the issuance of a temporary or permanent injunction or other equitable order, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, [the general permit] order, or other requirement imposed by this ordinance on activities of the user. The control authority may also seek such other action(s) as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 13.16.620 Civil Penalties. A. A user who has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, [or a general permit] or order issued hereunder, or any other pretreatment standard or requirement shall be liable to [the City] for a maximum forfeiture in an amount of not less than $1,000 per violation, per day. In the case of a monthly or other long -term average discharge limit, penalties shall accrue for each day during the period of the violation. B. The control authority may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the [City]. C. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. D. Filing a suit for civil penalties and forfeitures shall not be a bar against, or a prerequisite for, taking any other enforcement, legal or equitable action against a user for similar or other violation(s), and default(s). 13.16.630 Remedies Nonexclusive. The remedies provided for in this ordinance are not exclusive. The control authority may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the [City's] enforcement response plan. However, the control authority may take other action against any user when the circumstances warrant. Further, the control authority is empowered to take more than one enforcement action against any noncompliant user. 13.16.640 Penalties for Late Reports. A penalty of one - hundred ($100.00) dollars shall be assessed to any user for each day that a report required by this ordinance, a permit or order issued hereunder is late beginning five days after the date the report is due. Actions taken by the control authority to collect late reporting penalties shall not limit the control authority's ability to initiate other enforcement actions that may include penalties for late reporting violations. 13.16.650 Performance Bonds. The control authority may decline to issue or reissue an individual wastewater discharge permit [or a general permit] to any user who has failed to comply with any provision of this ordinance, a previous individual wastewater discharge permit, [or a previous general permit] or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the [City], in a sum not to exceed a value determined by the control authority to be necessary to achieve consistent compliance. 13.16.660 Liability Insurance. The control authority may decline to issue or reissue an individual wastewater discharge [or a general permit] to any user who has failed to comply with any provision of this ordinance, a previous individual wastewater discharge permit, [or a previous general 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 [City] POTW caused by its discharge. 13.16.670 Payment of Outstanding Fees and Penalties. The control authority may decline to issue or reissue an individual wastewater discharge permit [or a general permit] to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this ordinance, a previous individual wastewater discharge permit, [or a previous general permit] or order issued hereunder. 13.16.680 Water Supply Severance. Whenever a user has violated or continues to violate any provision of this ordinance, an individual wastewater discharge permit, [a general permit] or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply. 13.16.690 Accidental Discharge Upset. Defined as an exceptional incident in which there is unintentional and temporary noncompliance with either categorical or local pretreatment standards and requirements because of factors beyond the reasonable control of the user. An accidental discharge upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. A. An accidental discharge upset shall constitute an affirmative defense to an action brought for noncompliance with either categorical or local pretreatment standards if the user demonstrates through properly signed, contemporaneous operating logs or other relevant evidence that the requirements below are met: 1. An accidental discharge upset occurred and the user can identify the cause(s) of the upset; 2. The facility was at the time being operated in a prudent and workman like manner and in compliance with applicable operation and maintenance procedures; and 3. The user has followed the procedures identified in reporting potential problems as promulgated in [City] ordinance 13.16.390 and has submitted the following information to the control authority within twenty -four (24) hours of becoming aware of the accidental discharge upset or if this information is provided orally, a written submission must be provided within five (5) days: a. A description of the indirect discharge and cause of noncompliance; b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. B. Users shall control production of all discharges to the extent necessary to maintain compliance with either categorical or local 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. C. In any enforcement proceeding, the user seeking to establish the occurrence of an accidental discharge upset shall have the burden of proof. 13.16.700 Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in [City] ordinance 13.16.070.A or the specific prohibitions in [City] ordinance 13.16.070.B.3 - .8 if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the [City] POTW was regularly in compliance with its WPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. 13.16.710 Bypassing. A. 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 provisions identified hereafter. B. Bypass Notifications: 1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, at least ten (10) days before the date of the bypass, if possible. 2. The user shall follow the procedures identified in reporting potential problems as promulgated in [City] ordinance 13.16.390 and has submitted the following information to the control authority within twenty -four (24) hours of becoming aware of an unanticipated bypass that exceeds applicable pretreatment standards or if this information is provided orally, a written submission must be provided within five (5) days: a. A description of the bypass discharge and contributing factors causing the bypass; b. The duration of bypass, including exact dates and times or, if not corrected, the anticipated time the bypassing is expected to continue; and c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the bypass. d. The control authority may waive the written report on a case by case basis if the oral report has been received within twenty -four (24) hours. C. Bypass is prohibited, and the control authority 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 which includes 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. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 3. The user submitted notices as required under [City] ordinance 13.16.710.B. D. The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed under [City] ordinance 13.16.710.C. 13.16.720 Wastewater Treatment Rates. A. Specific sewer service charges shall be reserved and promulgated in [City] ordinance Chapter 13.18 Sewer Service Charges. B. Pretreatment charges and fees. The [City] may adopt reasonable fees for reimbursement of costs of setting up and operating the [City's] pretreatment program, which may include: 1. Fees for wastewater discharge permit applications including the cost of processing such applications; 2. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users; 3. Fees for reviewing and responding to accidental discharge procedures and construction; 4. Fees for filing appeals; 5. Fees to recover administrative and legal costs associated with the enforcement activity taken by the control authority to address user noncompliance; and 6. Other fees as the control authority may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and penalties chargeable by the [City]. 13.16.730 Severability. If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. 13.16.740 Effective Date. This ordinance shall be in full force and effect immediately following its passage, approval, and publication, as provided by law. SECTION XI. Section 13.18.020 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 13.18.020 Definitions. See Section 13.16.030 060 for additional definitions. A. "Clear water ". All water which has not been polluted or contaminated by use, or water that would not cause violation of receiving water quality standards and would not benefit by discharge to the sanitary sewers and wastewater treatment facilities of the utility. Clear water includes non - contact cooling water, water used for irrigation, and any other non - polluted water. Clear water may come from the public water supply or from any other source. B. "Common Council ". The governing body of officials elected by the City of Janesville to oversee the management of the city utilities. C. "Director ". The City Manager, the Director of Public Works or Services, the Utility Director and/or other duly authorized deputy, agent or representative as designated by the City Manager. D. "Garbage ". The residue from the preparation and dispensing of food, and from the handling, storage and sale of food produce. E. "Grease Interceptor ". A receptacle, either interior or exterior, designed to intercept and retain or remove grease or fatty substances. Also called "grease trap" F. "Ground garbage ". The residue from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers, with no particle greater than one -half inch in any dimension. G. "Lateral". All pipes and devices connecting a sewer main to a customer and/or serviced property. In certain instances, at the discretion of the Director, the Utility will pay street restoration costs when a residential customer must perform lateral maintenance under a publicly -owned street surface. H. "Normal concentration ". 1. A five -day, twenty- degree - centigrade BOD of not more than two hundred fifty mg/L; 2. A suspended solids content of not more than three hundred mg/L. 3. A phosphorus concentration of not more than eight mg/L. I. "Normal sewage ". Sanitary sewage or other wastes in which BOD, suspended solids, or phosphorus concentrations do not exceed normal concentrations. J. "Privy or vault toilet wastes ". Wastes from a cavity in the ground or vault constructed for toilet uses which receives human excrement either to be partially absorbed by the surrounding soil or for storage and periodic removal. K. "Public sewer ". A sewer provided by or subject to the jurisdiction of the City. It also includes sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City sewerage system, even though those sewers may not have been constructed with City funds. L. "Replacement ". Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary to maintain the capacity and performance of the sewerage system during the service life of the sewerage system for which such system was designed and constructed. M. "Sanitary sewage ". The waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, cellar floor drains, garage floor drains, and other sewage from primarily domestic sources. N. "Sanitary sewer ". A sewer that carries liquid and water - carried wastes from residences, commercial buildings, industrial plants, or institutions, and into which stormwater and clear water are not admitted. O. "Severe property damage ". 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. P. "Sewer ". Any pipe, conduit, ditch or other device used to collect and transport sewage, stormwater, groundwater or other waters from the generating source. SECTION XII. Section 13.18.030(C) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: C. "Clear water" / "Deduct" Meter. The customer may, in an effort to reduce wastewater charges, measure the water supplied by the City water utility which does not enter the sanitary sewer collection system, through the use of an additional "clear water" meter. The person shall, at his own expense, provide a suitable location and proper connections to allow the installation of a water meter and transmitter purchased from, and installed by, the City water utility. Wastewater charges will be reduced by using the volume of flow not entering the sanitary sewer with the current wastewater rates. The cost of testing, maintenance, and replacement of the "clear water" meter shall be at the customer's expense included in the following fixed fees: 1.2. Meter and Transmitter Upgrade Fee for 5/8" and 3 /4" meters $156.00. This is a one -time fee to upgrade the meter, if needed, and transmitter to a radio reading system. This fee can be paid in one payment or spread over 5 years at $10.00 /quarter. SECTION XIII. Section 13.18.050 of the Code of General Ordinances of the City of Janesville is hereby repealed. 13.18.050 Hauled waste service charge. A. Ceneral. 1. Should the Director determine that excess capacity exists at the 114.08, Wis. Stats., as from time to timc amended. Such wastes shall only be accepted from haulers licensed under Sec. 1'16.30(3)(a), Wis. Stats., as from time to time amended. Hauled wastes shall only be accepted if such wastes arc delivered by the licensed hauler to the by the Director. 2. Prior to accepting wastes from a licensed hauler, the hauler shall have ... - . . ... • . •. -- .. - !• - . . . • .. . withi n ti, 3. All approvals for hauled waste disposal shall be subject to such conditions or directly related to the acceptance of hauled wastes. Individual reports from each hauler shall be prepared for each load of waste discharged. B. Rates. Application fees and disposal charges for bulk wastes shall be as follows: A.4. Application fee. To defray annual program administration costs, a non- refundable fee of $50.00 shall be paid by the applying licensed hauler at the time of the application. Once the application is approved by the Director, the licensed hauler will be authorized to discharge residential spetage and/or holding tank waste at the treatment plan for a period of one year. All other liquid wastes require a separate specific approval of the Director prior to their discharge. A new application and $50.00 non - refundable fee must be submitted each year. B. 2 Septage. For each 1,000 gallons or a portion thereof of typical strength septage (less than 7,000 mg/L BOD and 15,000 mg /L SS) there shall be a charge of $50.00. If analytical testing determines the strength of the septage to be higher than the typical values as indicated above, an additional charge shall be levied, based upon the unit charges as indicated in Section 13.18.040 above, and upon the increased pounds of BOD and/or SS over and above the typical strengths as stated in this paragraph. C. Commercial /Industrial Hauled Waste. Commercial /Industrial bulk waste haulers will be billed a $2.29 surcharge per pound of phosphorous on all waste received. D. Holding Tank Wastes. For each 1,000 gallons or portion thereof of typical strength holding tank waste (less than 600 mg/L BOD and 1,800 mg/L SS) there shall be a charge of $9.50. If analytical testing determines the strength of the septage to be higher than the typical values as indicated above, an additional charge shall be levied, based upon the unit charges as indicated in Section 13.18.040 above, and upon the increased pounds of BOD and/or SS over and above the typical strengths as stated in this paragraph. E. 4. Privy, Vault Toilet Wastes, and Other Bulk Wastes. Privy, vault toilet wastes and other bulk wastes will be charged for on a case -by -case basis, based on the character of the wastes as determined by actual testing, upon the unit charges as indicated in Section 13.18.040 above, and including actual costs for analytical charges and for administrative expenses. ADOPTED: April 13, 2015 Motion by: Marklein Second by: Farrell APPROVED: Councilmember Aye Nay Pass Absent Bobzien X Farrell X Mark A Freitag, City Manager Fitzgerald X Gruber X ATTE$ _ Liebert X f /....--" Marklein X avid T. Godek, Deputy City Clerk - Treasurer Severson X APPROVED AS TO FORM: og%/ Wald Klimczyk, ity Attorney Proposed by: Water & Wastewater Utility Prepared by: Water & Wastewater Utility and City Attorney