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(1) General.

(a) Wastewater discharge survey. The city manager or designee may require an industrial user to provide information pertaining to the nature and quantity of the industrial user’s wastewater discharge. The city manager may, from time to time, require an industrial user to complete a wastewater discharge survey and returned it to the city.

(b) Monitoring facilities. When required by the city manager, the industrial user shall install and maintain at its expense a suitable control accesshole to facilitate observation, sampling and measurement of wastewater being discharged. Such accesshole shall be located, if feasible, where it is accessible from a public road or street. It shall be constructed in accordance with plans and at a location approved by the city manager and shall be arranged so that flow measuring and sampling equipment and a shutoff gate or a screen may be conveniently installed by the city.

(c) Inspection and sampling. The city may inspect the facilities of any industrial user as often as deemed necessary (significant industrial users should expect to be inspected no less often than at least one to four times annually) to ascertain whether the provisions of sections 6.501 to 6.596 of this code are being complied with. The owner, operator or agent in charge of the premises shall allow authorized representatives of the city, state and EPA access at all reasonable times to all parts of the premises where wastewater related facilities are located or in which records required by this code are kept for the purpose of the performance of any of their duties, including but not limited to, inspection, observation, photographing, sampling, and/or records copying and examination. The city, state and EPA shall have the right to set up on the industrial user’s property such devices as may be necessary or proper to conduct sampling, observation, inspection, compliance monitoring and/or metering operations. The industrial user shall make arrangements with its employees so that upon presentation of their credentials, representatives from the city, state or EPA will be permitted to enter, without delay, for the purpose of performing their responsibilities.

(d) Pretreatment facilities. An industrial user may be required to install pretreatment facilities or make plant or process modifications or implement pollution management practices as deemed necessary by the city manager to meet the requirements of sections 6.501 to 6.596 of this code. Whenever such facilities or modifications are required, they shall be constructed, installed, operated and maintained at the expense of the industrial user and in a manner and within the time prescribed by the city manager to enable the city to comply with all state and federal regulations or to protect the city wastewater system or treatment process. The industrial user shall maintain records indicating routine maintenance check dates, cleaning and waste removal dates and means of disposal of accumulated wastes. Such records shall be retained for a minimum of three years and shall be subject to review in accordance with subsection (1)(a) of this section. Approval of proposed facilities or modifications by the city manager will not in any way guarantee that these facilities or modifications will function in the required manner or attain the required results, nor shall it relieve an industrial user of the responsibility of enlarging or otherwise modifying or replacing such facilities to accomplish the intended purpose and to meet the applicable standards, limitations and conditions of sections 6.501 to 6.596 of this code and, in the case of a permit holder, the wastewater discharge permit.

(e) Confidential information. Information and data obtained by the city from reports, questionnaires, permit applications, permits and monitoring programs shall be available to the public and other governmental agencies without restriction unless the industrial user requests in writing that it be confidential and demonstrates to the satisfaction of the city manager that such records are exempt from disclosure under the Oregon Public Records Law, ORS 192.410, et seq. Notwithstanding anything herein to the contrary, all such data shall be available at least to the extent necessary, to permit the city manager to ensure compliance with sections 6.501 to 6.596 of this code as well as the requirements of 40 CFR section 2.302. When confidentiality is requested and the right thereto is established by the industrial user, the confidential information shall not be made available for inspection by the public but may be made available upon written request to governmental agencies for uses related to sections 6.501 to 6.596 of this code, the NPDES permit, or pretreatment programs. However, all portions of a report shall be available for use by the city, state or any state agency or federal agency in judicial or enforcement proceedings involving the person furnishing the report.

(2) Wastewater discharge permits.

(a) General. Every significant industrial user shall secure a wastewater discharge permit from the city. Any discharge by a significant industrial user without a wastewater discharge permit is a violation of this code except as provided in subparagraph (b) of this subsection.

(b) Application. An existing industrial user which will become a significant industrial user upon establishing a new point of discharge, or making a substantial change in the volume or character of its discharge or process, shall apply for a wastewater discharge permit at least 90 days prior to establishing a new discharge point or making such change in discharge or process. Any such action by the industrial user without a permit is a violation of sections 6.501 to 6.596 of this code. Any other existing industrial users shall apply for a wastewater discharge permit within seven days of becoming a significant industrial user and may continue to discharge until the earlier of, the denial of the application or the passage of 90 days without permit issuance. Thereafter, any further discharge shall be a violation of sections 6.501 to 6.596 of this code. New significant industrial users shall apply for a wastewater discharge permit at least 90 days prior to the earlier of connecting to the city wastewater system or discharging. Any discharge by a new significant industrial user without a permit is a violation of sections 6.501 to 6.596 of this code. An existing significant user proposing to establish a new point of discharge or make a substantial change in the volume or character of its discharge or process, shall apply for an amended permit and may discharge only in conformity with its existing permit until the permit is modified. Applications shall be made to the city manager in writing on forms provided by the city and shall include the following information:

1. Name, address, telephone number and authorized representative of the applicant and service address together with the name of the operator and owners;

2. SIC number;

3. A list of environmental control permits held by or for the applicant;

4. A list of wastewater pollutants and their characteristics actually or potentially discharged at the applicable plant site including measured or estimated daily average and daily maximum concentrations of these pollutants;

5. A description of spill prevention measures or plans which are currently in place in the plant;

6. Water use and wastewater flow rates, including maximum daily, average daily, average monthly and seasonal variations, if any;

7. A detailed site, floor, or plumbing plan showing the size and location of all sewers, sewer connections and appurtenances, or any other facilities designed to help the applicant in meeting sections 6.501 to 6.596 of this chapter;

8. A description of activities, facilities and plant processes on the premises including a general description of types and quantities of all materials which are or could be discharged into the city wastewater system;

9. A statement regarding whether or not compliance is being achieved with sections 6.501 to 6.596 of this code on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the applicant to comply with sections 6.501 to 6.596 of this code;

10. Where additional pretreatment and/or operation and maintenance activities will be required to comply with sections 6.501 to 6.596 of this code, the applicant shall provide a compliance schedule consisting of a declaration of the shortest schedule by which the applicant will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.

a. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the applicant to comply with the requirements of this division including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with sections 6.501 to 6.596 of this code.

b. Under no circumstances shall a time increment for any single step directed toward compliance which exceeds nine months be permitted.

c. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the applicant shall submit a progress report to the city, including at least, a statement on whether or not the applicant complied with the increment of progress represented by that milestone date and if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the applicant to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the city;

11. A list of each product produced by type, amount, process or processes, and rate of production;

12. A list of the type and amount of raw materials utilized including chemicals used in process which may be discharged to the city wastewater system (average and maximum per day);

13. Any pertinent special agreements between the applicant and the city concerning treatment of discharges, special user charges or rates, or any other information deemed necessary by the city manager;

14. The application shall be signed by an authorized representative of the industrial user;

The city manager will evaluate the data furnished by the applicant and may determine that additional information or sampling of wastewater characteristics is necessary. If such a determination is made, the applicant, unless the time period is extended, will be given 30 days to provide the required information or sampling. If it is not provided within the designated time period, the application shall be denied. After determining that the submitted application contains all of the information required by this subsection, the city manager will consider the submission, any additional evidence that may have been requested, and any other available information relevant to the application. If the city manager determines that the proposed discharge meets the requirements of sections 6.501 to 6.596 of this code, the city manager will, within 30 days after determining that the application is complete, issue a wastewater discharge permit subject to appropriate conditions. Any application determined by the city manager to be complete shall constitute compliance with baseline monitoring report requirements under 40 CFR 403.12(b).

(c) Modification of permit. Conditions included in a wastewater discharge permit shall remain in effect for that permit until it expires, except that they may be revised by the city manager whenever the city manager deems a revision is necessary in order to effectively implement the pretreatment program, as required by city, state or federal standards or in order to effectuate the objectives of sections 6.501 to 6.596 of this code, and the city’s policy to cooperate with the state and federal government or to meet any emergency. The permit holder shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change except in the event of an emergency.

(d) Duration. Permits shall be issued for a specified time period, not to exceed three years. The permit holder shall apply for permit reissuance a minimum of 90 days prior to the expiration of its existing permit if it desires to continue to discharge. An expired permit will continue to be in effect until the city takes final action on the renewal application to issue or deny the permit (“final action”) if:

1. The permit holder has submitted a complete permit application at least 90 days prior to the expiration of its permit; and

2. The failure to take final action is not due to any act or failure to act on the part of the permit holder.

(e) Conditions. Wastewater discharge permits shall be expressly subject to all provisions of sections 6.501 to 6.596 of this code. Where applicable, permits shall contain the following conditions:

1. Payment of applicable fees;

2. Limits on the average and maximum discharge of restricted substances, including mass limits;

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

4. Requirements for installing and maintaining pretreatment, inspection or monitoring sampling facilities;

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

6. Compliance schedules;

7. Requirements for submitting technical reports or discharge reports;

8. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city manager, and affording the city manager access thereto;

9. Requirements for notifying the city of any new discharge of a restricted substance or any substantial change in the volume or character of the wastewater or any restricted substances being discharged into the city wastewater system;

10. Requirements for notifying the city within two business days after a permit holder has a reasonable basis to know that the production level will significantly change within the next calendar month, and that without such notification, a permit holder must meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate;

11. Requirements for immediately notifying the city of slug load discharges;

12. Requirements that the permit holder notify the city of any disposal of wastewater in excess of 500 gallons to any person in any period of 12 consecutive calendar months;

13. Authorized points of discharge and regulated processes;

14. Requirement for immediately notifying the city manager where self-monitoring results indicate noncompliance;

15. Requirement to report a bypass or upset of a pretreatment facility;

16. Requirement for the significant industrial user who reports noncompliance to repeat the sampling and analysis and submit analysis to the city manager within 30 days after becoming aware of the violation;

17. Requirement for any significant industrial user whose pretreatment system contains a back-up system to notify the city before the primary system is taken off-line, and the back-up system is put into use;

18. Statement of applicable civil and criminal penalties for violation of pretreatment standards; and

19. Other conditions as deemed appropriate by the city manager to achieve compliance with sections 6.501 to 6.596 of this code.

(f) Transfer. A wastewater discharge permit shall be issued to a specific significant industrial user for a specific operation. A wastewater discharge permit shall not be assigned, transferred or sold without the approval of the city manager. Any successor significant industrial user shall agree to comply with the terms and conditions of the existing permit as a condition precedent to the approval by the city manager of a transfer, sale or assignment of the permit.

(g) Analysis and reporting requirements. Permit holders will be required to submit information, certifications, compliance schedules and samples of discharges or perform such tests and report such test results to the city manager as follows:

1. When required by the terms and provisions of 40 CFR Sec. 403.12 or 403.6(c)(7);

2. When requested by state or local public agencies; or

3. When deemed necessary by the city manager for the proper treatment, analysis or control of discharges.

All such tests and reports shall be at the cost of the permit holder. The city shall have the right to implement and enforce the provisions of 40 CFR Sec. 403.12 and 403.6(c)(7) by order of the city manager. When deemed necessary by the city manager, a permit holder may be required to obtain, install, operate and maintain an automatic sampler, analyzer or flow measuring device to monitor its discharges in the manner directed by the city.

All sampling and analysis shall be done in a manner and by a laboratory previously approved by the city manager. The city manager shall require all analysis related to any permit to be performed in accordance with the procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Sec. 136 or other applicable analytical procedures approved by the EPA.

To the degree practicable, the city manager will provide each permit holder or applicant with information on applicable local, state and federal wastewater analysis and reporting requirements, provided, however, that any failure to do so shall not excuse the permit holder from compliance with said requirements.

(3) Mobile waste hauler permits.

(a) Permit required. Any person proposing to be a mobile waste hauler and any person the city manager has determined is likely to be a mobile waste hauler shall secure a mobile waste hauler discharge permit from the city. Any discharge by a mobile waste hauler without a permit is a violation of sections 6.501 to 6.596 of this code except as provided in subparagraph (b) of this subsection.

(b) Application. Any existing mobile waste hauler shall apply for a mobile waste hauler discharge permit within 30 days after becoming subject to the requirements of subparagraph (a) of this subsection. Any new mobile waste hauler subject to the requirements of subparagraph (a) of this subsection shall apply at least 30 days prior to its initial discharge. Applications shall be made to the city manager in writing on forms provided by the city and shall include the following information:

1. Name, address, telephone number and authorized representative of the applicant;

2. SIC number and other state or federal license numbers;

3. A list of environmental control permits held by or for the applicant;

4. A description of spill prevention measures or plans which are currently in place for use during storage or discharge of wastewater;

5. A description of activities and methods of collection, transportation, storage and discharge of wastewater, a description of transportation and storage facilities, and a general description of types and quantities of all materials which are or could be discharged; and

6. Proof of adequate general liability and property damage insurance.

The city manager shall evaluate the data furnished by the applicant and may determine that additional information or sampling of wastewater characteristics is necessary. If such a determination is made, the applicant, unless the time period is extended, will be given 30 days to provide the required information or sampling. If it is not provided within the designated time period, the application shall be denied. After determining that the submitted application contains all the information required by this subsection, the city manager shall consider the submission, any additional evidence that may have been requested, and any other available information relevant to the application. If the city manager determines that the proposed discharge meets the requirements of sections 6.501 to 6.596 of this code, the city manager shall, within 30 days after determining that the application is complete, issue a mobile waste hauler discharge permit subject to appropriate conditions.

(c) Modification of permit. Conditions included in a mobile waste hauler discharge permit shall remain in effect for that permit until it expires, except that they may be revised by the city manager whenever the city manager deems a revision is necessary in order to effectively implement the pretreatment program, as required by city, state or federal standards in order to effectuate the objectives of sections 6.501 to 6.596 of this code, and the policy of the city to cooperate with the state and federal government or to meet any emergency. The permit holder shall be informed of any proposed change in its permit at least 30 days prior to the effective date of change except in the event of an emergency.

(d) Duration. Permits shall be issued for a specified time period, not to exceed three years. The permit holder shall apply for permit reissuance a minimum of 90 days prior to the expiration of its existing permit if it desires to continue to discharge. An expired permit will continue to be in effect until the city takes final action on the renewal application to issue or deny the permit (“final action”) if:

1. The permit holder has submitted a complete permit application at least 90 days prior to the expiration of its permit; and

2. The failure to take final action is not due to any act or failure to act on the part of the permit holder.

(e) Conditions. Mobile waste hauler discharge permits shall be expressly subject to all provisions of sections 6.501 to 6.596 of this code. Mobile waste hauler permits shall contain the following conditions:

1. Payment of applicable fees;

2. Limits on the average and maximum discharge of restricted substances;

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

4. Compliance schedules;

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

6. Requirements for notification of the city of any new introduction of restricted substances or any substantial change in the volume or character of the wastewater or any restricted substances being discharged;

7. Requirements that the permit holder notify the city of any disposal of wastewater in excess of 500 gallons to any other person in any period of 12 consecutive calendar months;

8. Requirements for insurance coverage for all activities subject to the provisions of sections 6.501 to 6.596 of this code;

9. Requirements that the permit holder retain a copy of a valid mobile waste hauler discharge permit in each vehicle used for transportation of wastewater, and present that permit to any employee of the city authorized to inspect the mobile waste hauler discharge permit;

10. Requirements that the permit holder present a manifest of origin of all wastewater proposed for discharge;

11. Requirements that the permit holder discharge only at the designated discharge point and at designated times;

12. Requirements that the permit holder remove or otherwise clean up all spilled material or waste after discharge and that the permit holder agree to pay any public agency which provides assistance in such clean up or which performs such clean up after a failure by the permit holder to comply, an amount representing twice the amount of the actual expenditures of the public agency for labor and materials necessary to clean any spilled waste;

13. Requirements that the permit holder apply in writing on approved forms for permission to discharge any wastewater containing any restricted substance or wastewater containing any substances other than domestic or septage waste and provide the operator of the treatment facility at least 24 hours’ notice of proposed time of delivery of any such approved waste; and

14. Other conditions as deemed appropriate by the city manager to achieve compliance with sections 6.501 to 6.596 of this code.

(f) Transfer. A mobile waste hauler discharge permit shall be issued to a specific mobile waste hauler for a specific operation. A mobile waste hauler discharge permit shall not be assigned, transferred or sold without the approval of the city manager. Any successor mobile waste hauler shall agree to comply with the terms and conditions of the existing permit as a condition precedent to the approval by the city manager of a transfer, sale or assignment of the permit.

(g) Analysis and reporting requirements. Permit holders shall be required to submit information, certifications, compliance schedules and samples of discharges or perform such tests and report such test results to the city manager as follows:

1. When requested by state or local public agencies; or

2. When deemed necessary by the city manager for the proper treatment, analysis or control of discharges.

All such tests and reports shall be at the cost of the permit holder. To the degree practicable, the city manager shall provide each permit holder or applicant with information on applicable local, state and federal wastewater analysis and reporting requirements, provided, however, that any failure to do so shall not excuse the permit holder from compliance with said requirements.

(Section 6.551, formerly Section 6.440, added by Ordinance No. 19130, enacted April 13, 1983; amended by Ordinance No. 19791, enacted July 8, 1991; renumbered by Ordinance No. 19939, enacted November 17, effective December 17, 1993; amended by Ordinance No. 19940, enacted November 17, 1993, effective December 17, 1993; and Ordinance No. 20075, enacted January 27, 1997, effective February 26, 1997)