§ 13.12.010. General provisions.

A.

Purpose and Policy . This Chapter sets forth uniform requirements for discharges from all industrial users into Publicly Owned Treatment Works (POTW) and to any persons outside the City who are, by permit, contract or agreement with Great Falls, users of the City POTW and enables the City to comply with applicable state and federal laws including the Clean Water Act (33 United States Code (U.S.C.) Section 1261 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). This Chapter shall apply to the industrial users within the City of Great Falls and to any persons outside the City who are, by contract or agreement with Great Falls, users of the Great Falls wastewater treatment system. No industrial user shall discharge wastewater to the POTW unless done so in compliance with the provisions of this Chapter.

B.

The objectives of this Chapter are:

1.

To prevent the introduction of pollutants into the Publicly Owned Treatment Works (POTW) which will interfere with the operation of the POTW including interference with the use or disposal of municipal sludge;

2.

To prevent the introduction of pollutants into the POTW which will pass through the treatment works or otherwise be incompatible with the POTW;

3.

To improve the opportunity to recycle and reclaim wastewater and sludge from the system. These chapters provide for the regulation of discharges into the City wastewater system through the enforcement of administrative regulations.

4.

To provide for equitable distribution of cost among the users of the POTW;

5.

To provide for and promote the general health, safety and welfare of the citizens residing within the City and connecting jurisdictions;

6.

To enable the City to comply with its Montana Pollutant Discharge Elimination System (MPDES) permit conditions, sewage sludge use and disposal requirements, and any other applicable federal or state laws or regulations to which the POTW is subject; and

7.

To prevent adverse impacts to worker health and safety due to the discharge of pollutants from industrial users.

C.

Regulation of Industrial Users from Outside Jurisdictions.

1.

In order for the City to effectively implement and enforce Pretreatment Standards and Requirements for all industrial users discharging to the POTW and as required by 40 CFR Section 403.8(f), the City shall enter into Intergovernmental Agreements (IGA) with contributing jurisdictions. Prior agreements shall be unaffected by these requirements until such time as the City determines that modifications are necessary.

2.

Prior to entering into an IGA, the City shall be provided the following information from the contributing jurisdiction;

a.

A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;

b.

An inventory of all sources of Indirect Discharge located within the contributing jurisdiction that are discharging to the POTW; and

c.

Such other information as the City may deem necessary.

3.

The IGA may contain the following conditions:

a.

A requirement for the contributing jurisdiction to adopt a sewer use ordinance or rules which specifically require that all non-domestic users shall be under the jurisdiction of this Chapter for the purposes of implementation and enforcement of Pretreatment Standards and Requirements;

b.

A requirement for the contributing jurisdiction to submit an updated user inventory on at least an annual basis;

c.

A provision specifying that the City shall be delegated full responsibility for implementation and enforcement of the pretreatment program unless otherwise agreed to and specified in the IGA;

d.

A requirement for the contributing jurisdiction to provide the City with access to all information that the contributing jurisdiction obtains regarding effluent quantity and quality from non-domestic users;

e.

Requirements for monitoring the contributing jurisdiction's discharge; and

f.

A provision specifying remedies available for breach of the terms of the IGA.

D.

Responsibility and Authority of the City.

1.

Except as otherwise provided herein, the Great Falls Director of Public Works shall administer, implement, and enforce the provisions of this Chapter.

2.

The City shall notify in writing any industrial user whom he/she has cause to believe is subject to a National Categorical Pretreatment Standard or Requirement, or other applicable requirements promulgated by the EPA under the provisions of section 204(b) or 405 of the Act, or under the provisions of sections 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of the City to so notify industrial users shall not relieve said industrial users from the responsibility of complying with applicable requirements. It is the responsibility of Significant Industrial Users to apply for and receive a permit prior to discharge, whether or not the industrial user has been identified and formally requested to do so.

3.

If wastewaters containing any pollutant, including excess flow, or as otherwise defined in this Chapter, are discharged or proposed to be discharged to the POTW, the City may take any action necessary to:

a.

Prohibit the discharge of such wastewater;

b.

Require an industrial user to demonstrate that in-plant facility modifications will reduce or eliminate the discharge of such substances in conformity with this Chapter;

c.

Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the potential for a discharge to violate this Chapter;

d.

Require the industrial user making, causing or allowing the discharge to pay any additional cost or expense incurred by the City for handling, treating, disposing or remediation costs as a result of wastes discharged to the wastewater treatment system;

e.

Require the industrial user to apply for and obtain a permit;

f.

Require timely and factual reports from the industrial user responsible for such discharge; or

g.

Take such other action as may be necessary to meet the objectives of this Chapter.

E.

Additional City Authorities. In addition to the overall authority to control the discharge of wastewater to the POTW, the City shall have the following authorities:

1.

Take enforcement and issue fines and penalties for violations of this Chapter, including the failure of an industrial user to apply for a permit.

2.

Endangerment to Health or Welfare of the Community: The City, after informal notice to the affected industrial user, may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW of the City or any wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of the community.

3.

Endangerment to Environment or Treatment Works: The City, after written notice to the discharger, may halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW, wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever such discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW.

4.

The discharges referred to above may be halted or prevented without regard to the compliance of the discharge with other provisions of this Chapter.

F.

Industrial pretreatment program amendments. The City reserves the right to amend this Chapter and the terms and conditions hereof in order to assure compliance with applicable laws and regulations. The discharger shall be informed of any proposed changes in the Chapter at least thirty (30) days prior to the effective date of change. Where appropriate, the City may issue a compliance schedule to an industrial user to meet the changed or new Pretreatment Standards or Requirements. Such compliance schedule shall not conflict with or extend the compliance date otherwise established by EPA or the State.

G.

Right of Entry.

1.

Whenever it shall be necessary for the purposes of this Chapter, the City may enter upon any industrial user's facility, property, or premises subject to this Chapter that is located or conducted or where records are required to be kept for the purposes of:

a.

Performing all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable Pretreatment Standards and Requirements by an industrial user including the taking of photographs. Compliance monitoring and inspection shall be conducted at a frequency as determined by the City and may be announced or unannounced;

b.

Examining and copying any records required to be kept under the provisions of this Chapter;

c.

Inspecting any monitoring equipment or method, pretreatment system equipment and/or operation;

d.

Sampling any discharge of wastewater into POTW; and/or

e.

Inspecting any production, manufacturing, fabricating or storage area where pollutants, regulated under this Chapter, could originate, be stored, used, or be discharged to the POTW.

2.

The occupant of such property or premises shall render all proper assistance in such activities. Where an industrial user has security measures in place which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security personnel so that authorized representatives of the City will be permitted to enter without delay to perform their specified functions.

3.

The Director and other duly authorized agents and employees of the City are entitled to enter all private properties through which the City holds an easement.

(Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, § 13.20.010 (part)).

(Ord. No. 3050, § 1, 8-3-2010)