New Page 1

____________________________________________________________________________________________________________________________________________________________

ORDINANCE 149: SEWER USE ORDINANCE.

____________________________________________________________________________________________________________________________________________________________

Section 1. Purpose and Policy. This Ordinance repeals Ordinance No. 73 and sets forth uniform requirements for discharges into the City's Publicly Owned Treatment Works (POTW) and enables the City to comply with all State (Minnesota Pollution Control Agency) and Federal (U.S. Environmental Protection Agency) laws. The objectives of this Ordinance are:

(a) To prevent the introduction of pollutants into the POTW which shall interfere with the operation of the facilities or the use or disposal of the sludge;

(b) To prevent the introduction of pollutants into the POTW which shall pass through the system inadequately treated into receiving waters of the State or the atmosphere or otherwise be incompatible with the system; and

The Ordinance provides for the regulation of discharges into the City's wastewater disposal system through the issuance of Permits to certain users and through enforcement of the general requirements for all users, authorizes monitoring and enforcement activities, provides for penalty relief, requires user reporting, and provides for the setting of fees necessary to carry out the program established herein.

The Ordinance shall apply to the City and to all persons outside the City who are, by contract or agreement with the City, users of the City wastewater disposal system.

Section 2. Definitions.

Subd. 1. Unless the context specifically indicates otherwise, the following terms, as used in this Ordinance, shall have the meanings designated.

Subd. 2. "Act" means the Federal Water Pollution Control Act, Public Law #92-500 and the Clean Water Act, Public Law #95-217 as amended.

Subd. 3. "Biochemical Oxygen Demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter, in the presence of a nitrification inhibitor, under standard laboratory procedures in five (5) days at 20 degrees Centigrade expressed in terms of weight and concentration (milligrams per liter‑mg/l).

Subd. 4. "Building Drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

Subd. 5. "Building Sewer" means the extension from the building drain to the public sewer or other place of disposal.

Subd. 6. "City" means the City of Avon or the City Council of Avon.

Subd. 7. "Chemical Oxygen Demand" means the quantity of oxygen utilized in the chemical oxidation of organic matter, expressed in milligrams per liter, as determined in accordance with standard laboratory procedure as set out in the latest edition of Standard Methods of the Examination of Water and Wastewater.

Subd. 8. "Combined Sewer" means a sewer originally designed and currently designated to receive both surface water runoff and wastewater.

Subd. 9. "Cooling Water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added to the water is heat.

Subd. 10. "Director" means the Superintendent of Public Works.

Subd. 11. "Domestic Waste" means wastes from residential users and from the sanitary conveniences of multiple dwellings, commercial buildings, institutions, and industrial facilities.

Subd. 12. "EPA" means the U.S. Environmental Protection Agency.

Subd. 13. "Flow" means the quantity of wastewater expressed in gallons or cubic feet per twenty-four (24) hours.

Subd. 14. "Garbage" means solid wastes resulting from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage of said meat, fish, fowl, fruit, vegetables, and condemned food.

Subd. 15. "General Pretreatment Regulations" means the general pretreatment regulations for existing and new sources of pollution promulgated by EPA under Section 307(b) and (c) of the Act and found at 40 CFR Part 403.

Subd. 16. "Groundwater" means water beneath the surface that can be collected with wells, tunnels, or drainage galleries, or that flows naturally to the earth's surface via seeps or springs.

Subd. 17. "Indirect Discharge" means the introduction of pollutants or wastes into the POTW from any nondomestic source regulated under Section 301 (b), (c), or (d) of the Act.

Subd. 18. "Industrial Discharge Permit or Permit" means a Permit issued by the City of Avon to an Industrial User to use the City's disposal system as established herein.

Subd. 19. "Industrial Waste" means solid, liquid, or gaseous wastes, including cooling water (except where exempted by a NPDES Permit), resulting from any industrial, manufacturing, or business process, or from the development, recovery, or processing of a natural resource.

Subd. 20. "Industrial User" means a source of indirect discharge.

Subd. 21. "Interference" means a discharge which 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 any requirement of the Avon POTW's NPDES Permit or of the prevention of sewage sludge use or disposal with statutory provisions and regulations or Permits.

Subd. 22. "MPCA" means the Minnesota Pollution Control Agency.

Subd. 23. "National Pollutant Discharge Elimination System (NPDES) Permit" means any Permit or requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq); for the purpose of regulating the discharge of wastewater, industrial wastes, or other wastes under the authority of Section 402 of the Act.

Subd. 24. "Ordinance" means the set of rules contained herein governing the discharge of wastewater to the POTW.

Subd. 25. "Other Wastes" shall mean other substances except wastewater and industrial wastes.

Subd. 26. "Permittee" means an Industrial User authorized to discharge industrial waste into the City's POTW pursuant to an Industrial Discharge Permit.

Subd. 27. "Person" means the State or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity.

Subd. 28. "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

Subd. 29. "Pretreatment" means the process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City's wastewater disposal system. The reduction, elimination, or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by this Ordinance.

Subd. 30. "Pretreatment Standards" means standards for industrial groups (categories) promulgated by EPA pursuant to the Acts which regulate the quality of effluent discharge to publicly owned treatment works and must be met by all users subject to such standards.

Subd. 31. "Private Disposal Permit" means Permit required of a person other than single family dwelling to construct a private wastewater disposal system.

Subd. 32. “Properly Shredded Garbage” means the wastes from the preparation, cooking, and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than ½ inch (1.27 cm) in any dimension.

Subd. 33. "Public Utility" means the unit of municipal government and its people responsible for the operation of the POTW and this Ordinance.

Subd. 34. "Publicly Owned Treatment Works (POTW)" means the treatment works as defined by Section 212 of the Act, which is owned by the municipality (as defined by Section 502(4) of the Act). This includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

Subd. 35. "Rules" means the waste discharge rules for the Avon disposal system contained herein.

Subd. 36. "Sanitary Sewer" means a sewer intended to carry only liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters which are not admitted intentionally.

Subd. 37. "Sewage Sludge" means solids and associated liquids in municipal wastewater which are encountered and concentrated by a municipal wastewater treatment plant.

Subd. 38. "Sewer" means a pipe or conduit for carrying wastewater, industrial waste, or other waste liquids.

Subd. 39. "Sewer Control Board" means the Mayor and the Superintendent of Public Works.

Subd. 40. "Sewer System" means pipelines or conduits, pumping stations, force mains, and all other devices and appliances appurtenant thereto, used for collecting or conducting wastewater.

Subd. 41. "Shall" is mandatory; "may" is permissive.

Subd. 42. "SIC" means the Standard Industrial Classification Code (1972) issued by the Executive Office of the President, Office of Management and Budget, for use in the classification of establishments by types of business and the primary and economic activity engaged.

Subd. 43. "Significant Industrial User" means all Industrial Users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other Industrial User that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater), contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or is designated as such by the control authority as defined in 40 CFR 403.12 (a) on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8 (f)(6). If, upon finding that an Industrial User meeting the criteria of this subdivision has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority, as defined in 40 CFR 403.12 (a), may, at any time, on its own initiative or in response to a petition received from an Industrial User or POTW and in accordance with 40 CFR 403.8 (f)(6) determine that such Industrial User is not a significant Industrial User.

Subd. 44. "Slug" means any waste discharge which, in concentration of any given constituent or in quantity of flow, exceeds four (4) times the average twenty-four (24) hour concentration or flow during normal operation which may by itself or in combination with other wastes cause an interference within the POTW.

Subd. 45. "State" means the State of Minnesota or its designated agency, the Minnesota Pollution Control Agency (MPCA).

Subd. 46. "Storm Water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Subd. 47. "Storm Sewer" (sometimes termed "storm drain") means a sewer which carries storm and surface water and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling or process water.

Subd. 48. “Sump Pump” shall mean a pump for disposing of storm drainage.

Subd. 49. "Suspended Solids (SS)" or "Total Suspended Solids (TSS)" means the total suspended matter that either floats on the surface or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater", latest edition, and referred to as non‑filterable residue.

Subd. 50. "Total Toxic Organics" means the summation of all values greater than 0.01 mg/l of toxic organics listed in Section 307 (A) of the Act.

Subd. 51. "Unpolluted Water" means clean water uncontaminated by industrial wastes, other wastes, or any substance which renders such water unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety, or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, bird, fish, or other aquatic life.

Subd. 52. "Users" means those residential, commercial, governmental, and institutional and industrial establishments which are connected to the public sewer collection system as defined in the Sewer Use Ordinance.

Subd. 53. "Waste Transport Hauler" means an Industrial User who transports industrial or domestic waste for the purpose of discharge into the City POTW.

Subd. 54. "Wastewater" means the spent water of a community, also referred to as sewage. From the standpoint of source it may be a combination of the liquid and water‑carried wastes from residences, commercial buildings, industrial plants, and institutions together with any ground water, surface water, and storm water that may be present.

Section 3. Private Wastewater Disposal System.

Subd. 1. Public Sanitary Sewer System Not Available. Where a public sanitary or combined sewer is not available under the provision of Section 46.7, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Subsection.

Subd. 2. Private Disposal Permit. Before commencement of construction of a private wastewater disposal system, other than for a single family residence, the owner shall first obtain a written Private Disposal Permit signed by the Sewer Control Board or its authorized agent. The application for the Permit shall be made on a form furnished by the Sewer Control Board, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Sewer Control Board. A Permit and inspection fee, as established by the City Council, shall be paid at the time the application is filed.

Subd. 3. Effective Date and Inspection. A Permit for a private wastewater disposal system, other than for a single family residence, shall not become effective until the installation is completed to the satisfaction of the Sewer Control Board. Employees of the City may inspect the work at any stage of construction, and the applicant for the Permit shall notify the Sewer Control Board when the work is ready for final inspection, and no underground portions shall be covered before the final inspection is completed.

Subd. 4. Compliance. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all requirements of the City and the State of Minnesota. No private wastewater disposal system employing subsurface soil absorption facilities shall be constructed where the area of the lot is less than 40,000 square feet, unless the owner presents evidence to the Sewer Control Board demonstrating that special conditions exist which assures the system shall meet the minimum standards of the Minnesota Individual Sewage Disposal System Code. No septic tank shall be permitted to discharge to any natural outlet.

Subd. 5. Removal of Private Septic Tanks. At the time a connection is made to the public sewer, any septic tanks or other private wastewater disposal facilities shall be removed or have sediment removed and backfilled with suitable material approved by the Sewer Control Board.

Subd. 6. Maintenance of Private Disposal Facilities. The owner shall effectively operate and continuously maintain the private wastewater disposal facilities in a sanitary, satisfactory, and effective manner at all times, at the owner's own expense.

Subd. 7. Inspection and Right of Entry. The employees of the City may enter upon any property having a private wastewater disposal system for the purpose of inspecting such system and making such other investigations and tests as are deemed necessary. Entry shall be made during the daylight hours unless abnormal or emergency circumstances require otherwise.

Subd. 8. Laws and Regulations. The provisions of this Subsection shall be in addition to any requirements established by applicable federal, state, or local laws and regulations and shall not be construed to relieve any liability or obligation imposed by such laws and regulations.

Subd. 9. Permission for POTW. Any person operating a private wastewater disposal system who wishes to discharge waste products to the Avon POTW resulting from the treatment of domestic wastewater only shall obtain permission from the Director prior to the discharge occurring.

Section 4. Building Sewers and Connections.

Subd. 1. No person, unless authorized, shall uncover, make any connections with, or disturb any public sewer or appurtenance thereof, except in accordance with the applicable provisions of the City Code as amended.

Subd. 2. The property owner shall bear all costs and expenses incident to the installation and connection of the building sewer. The owner shall indemnify and hold harmless the City from any loss or damage to the public sewer that may directly or indirectly be occasioned by the installation of the building sewer.

Subd. 3. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, provided that the City shall require a written agreement between the property owners as to the share of the costs of construction and maintenance which each shall contribute.

Subd. 4. An owner may use old building sewers in connections with new buildings only when they are found, on examination and test by the City, to meet all requirements of this Ordinance. The property owner shall bear all costs and expenses incident to examination and testing of the old building sewer by the City.

Subd. 5. The size, slope, alignment, materials of construction of a building sewer, and the method to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of Water Pollution Control Federation Manual of Practice No. 9, the "Recommended Standards for Wastewater Facilities," otherwise known as the Ten-States Standards and applicable American Society of Testing and Materials (ASTM) standards shall apply.

Subd. 6. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, such building drain shall be provided with a lifting device approved by the Plumbing Inspector and discharged to the building sewer.

Subd. 7. No persons shall make connection of sump pumps, roof downspouts, exterior or interior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

Subd. 8. The construction of the building sewer and its connection into the public sewer shall conform to the requirements of the building and plumbing code, the sewer specifications included herein, or other applicable rules and regulations and the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual of Practice No. 9, the "Recommended Standards for Wastewater Facilities," otherwise known as the Ten-States Standards and the American Society for Testing and Materials (ASTM). All such construction shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector before installation.

Subd. 9. Employees of the City may inspect the work at any stage of construction and, in any event, the applicant for the connection shall notify the Plumbing Inspector and City Engineer when the work is ready for final inspection and no underground portions shall be covered before the final inspection is completed. The connection shall be made under the supervision of the Plumbing Inspector or his representative.

Subd. 10. Any new connections to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to capacity for flow, BOD and suspended solids, as determined by the Sewer Control Board.

Section 5. Main and Lateral Sewers.

Subd. 1. No person, unless authorized, shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance without first obtaining a written Permit from the Sewer Control Board.

Subd. 2. No sanitary or storm sewers shall be constructed in the City (except house or building service sewers) except by the City or others authorized by the City. Any construction of sanitary or storm sewers shall be subject to inspection during construction by Engineers and employees of the City. No sewers shall be considered to be a part of the public sewer system unless accepted by the City.

Subd. 3. The size, slope, alignment, material of construction, methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work connected with the construction of sewers shall conform to the requirements of the City.

Section 6. Protection from Damage.

Subd. 1. No person shall maliciously, fully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the POTW.

Section 7. Use of Public Sewers.

Subd. 1. It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City any wastewater or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.

Subd. 2. Except as set forth in Section 3, it shall be unlawful for any person to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

Subd. 3. The owner of any building or property which is located with the City, or in any area under the jurisdiction of the City, and from which wastewater is discharged, shall be required to connect to a public sewer at his expense within ninety (90) days after service of official notice to do so, provided that said public sewer is reasonably available for connection. Additionally, if the building or property is used for human occupancy, employment or recreation, the owner shall be required to install at the same time toilet facilities in accordance with the State Building Code and other Ordinances of the City. The Sewer Control Board, or its designated agent, shall give the official notice, and shall be served upon the owner personally or by certified mail.

Subd. 4. In the event an owner shall fail to connect to a public sewer in compliance with a notice given under Section 7, Subd. 3, of this Ordinance, the City may undertake to have said connection made and shall assess the cost of the connection against the benefitted property and said assessment shall be a lien against said property. Such assessment, when levied, shall bear interest at the rate of eight percent (8%) per annum and shall be certified to the auditor of the County in which the land is situated and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City under this subdivision shall be in addition to any other remedial or enforcement provisions of this Ordinance.

Subd. 5. No person shall discharge or cause to be discharged directly or indirectly any storm water, surface water, groundwater, roof runoff, sub‑surface drainage, sump pumps, unpolluted cooling or process water to any sanitary sewer unless there is no prudent and feasible alternative and unless as approved by the Sewer Control Board.

Subd. 6. Storm water and all other unpolluted water shall be discharged to a storm sewer, except that unpolluted cooling or process water shall only be so discharged upon approval by the Sewer Control Board and the user may be required to obtain a NPDES Permit by the MPCA.

Section 8. Industrial Discharge Permit.

Subd. 1. Scope. Industrial Users, or other persons, discharging into the POTW shall obtain an Industrial Discharge Permit pursuant to these Rules if notified by the City. The criteria to be utilized by the Sewer Control Board or POTW to determine if an Industrial Discharge Permit shall be required include:

A. An average flow loading greater than 25,000 gallons per operating day; or

B. A pollutant concentration of greater than fifty (50%) percent for one or more regulated pollutants (see 46.10, Subd. 6) at the point of discharge; or

C. Has properties in the discharge for it to be constituted a prohibited discharge; or

D. Has been pretreated or passed through an equalization tank before discharge; or

E. A hydraulic or organic loading greater than five (5%) percent of the average dry weather capacity of the POTW treatment plant; or

F. An industrial process regulated by EPA categorical standards; or

G. Others as so designated by the POTW as defined in 40 CFR 403.12 (a).

Subd. 2. Permit Application.

A. Existing Significant Industrial User. An existing Significant Industrial User or other person who is required to obtain an Industrial Discharge Permit shall complete and file with the POTW within three (3) months of notification a Permit application in a form obtained from the Director. The appropriate Permit fee as listed in Appendix B shall accompany the Permit application form at the time of application. A user shall have one (1) year from the date of notification by the City to have obtained an Industrial Discharge Permit.

B. New Significant Industrial Users. All new significant Industrial Users proposing to connect or to commence a new discharge to the wastewater disposal system shall apply for an Industrial Discharge Permit before connection to or discharging into the wastewater disposal system (POTW). The Permit application may be obtained from the Director. No discharge into the POTW can commence until an Industrial Discharge Permit is received unless the Director has ruled that:

(i) an Industrial Discharge Permit is not required; or

(ii) a discharge waiver is granted to commence discharge pending final action by the Sewer Control Board.

Subd. 3. Incomplete or Deficient Application. If the Permit application is incomplete or otherwise deficient, the Director shall advise the applicant of such incompleteness or deficiency. An Industrial Discharge Permit shall not be issued until an application is complete.

Subd. 4. Issuance of Industrial Discharge Permit. Within sixty (60) days after receipt of a completed application form from the industrial user, the Director shall, upon a determination that the applicant is capable of compliance with the Industrial Discharge Permit conditions and these rules, issue an Industrial Discharge Permit subject to the terms and conditions provided herein.

Subd. 5. Permit Conditions. Industrial Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other applicable regulations, user charges, and fees established by the City Council. Permits shall contain the following:

A. A summary of the penalties and surcharges applicable for violations of the terms of Permit as provided in Section 17 of this Ordinance.

B. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW;

C. Limits on the average and maximum wastewater constituents and characteristics, either in terms of concentrations, mass limitations, or other appropriate limits;

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

E. Requirements for installation and maintenance on inspection and sampling facilities;

F. Requirements for access to the Permittees premises and records;

G. Requirements for installation, operation, and maintenance of pretreatment facilities; (See Section 46.13 on Pretreatment);

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

I. Compliance schedules;

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

K. Requirements for notification to the Director of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

L. Requirements for notification of slug discharges as provided in Section 46.11 of this Ordinance;

M. Requirements for the specific location, time, and volume of discharge to the POTW for Waste Transport Haulers;

N. The requirement for Industrial Discharge Permit transfer as stated herein; and

O. Other conditions as deemed appropriate by the City to ensure compliance with this Ordinance.

Subd. 6. Permit Modification, Suspension, and Revocation. An Industrial Discharge Permit may be modified, suspended or revoked, in whole or in part, by the Sewer Control Board or City during its term for cause, including:

A. Violation of these Rules;

B. Violation of any terms or conditions of the Industrial Discharge Permit;

C. Obtaining an Industrial Discharge Permit by misrepresentation or failure to disclose fully all relevant facts;

D. Amendment of these Rules;

E. A change in the wastewater treatment process which results in the Permittee's discharge having a significantly different and negative impact on the process;

F. A change in the Permittee's industrial waste volume or characteristics which the Permittee knows or has reason to know shall or is likely to have, either singly or by interaction with other wastes, a negative impact on the treatment process; and

G. A determination by the Director that the Permittee's discharge reasonably appears to present an imminent endangerment to the health or welfare of persons, present an endangerment to the environment, or threaten interference with the operation of the POTW.

Subd. 7. Time Schedule for Compliance. Any modifications in the Industrial Discharge Permit shall specify a reasonable time schedule for compliance.

Subd. 8. Refund of Permit Fee on Surrender or Revocation. A Permittee may surrender an Industrial Discharge Permit to the City prior to the Permit's scheduled termination. In the event that a permit is surrendered or revoked, the Permittee shall be refunded a pro rata portion of the Permit fee paid.

Subd. 9. Permit Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for Permit reissuance a minimum of 180 days prior to the Permit's expiration date by filing with the POTW a Permit reissuance application. The terms and conditions of the Permit may be subject to modification by the Director during the term of the Permit as limitations or requirements as identified in Section 10 are modified or other just cause exists. The user shall be informed prior to the effective date of change. Any changes or new conditions in the Permit shall include a reasonable time schedule for compliance.

Subd. 10. Permit Transfer. Industrial Discharge Permits are issued to a specific user at a specific location, for a specific operation, except in the case of Waste Transport Haulers. An Industrial Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Director. Any succeeding owner or user shall also comply with the terms and conditions of the existing Permit. In the event of a change in the entity owning the industrial discharge facilities for which there is an Industrial Discharge Permit, the prior owner, if feasible, shall notify the POTW and the succeeding owner of said change in ownership and of the provisions of the Industrial Discharge Permit and these Rules. The new owner shall submit a new Permit application or shall submit to the POTW an executed statement agreeing to be bound by the terms and conditions of the existing Industrial Discharge Permit for the facility, in which case, upon consent of the POTW, the Permit shall continue in effect until its expiration date.

Subd. 11. Permit Fees. The Industrial Discharge Permit fee for total waste (million gallons per year) for both initial and reissuance shall be in accordance with the City of Avon Fee Schedule.

Section 9. Prohibitive Discharge.

Subd. 1. No person shall discharge or cause to be discharged, directly or indirectly, into the POTW any of the following:

A. Any combustible, flammable or explosive solids, liquids, or gases which by their nature or quantity shall or are likely to cause either alone or by interaction with other substances a fire or explosion or be injurious to the POTW operations. At no time shall two (2) successive readings on an explosimeter, at the point of discharge into the sewer system, be more than five percent (5%) nor shall there be any single reading over ten percent (10%) of the Lower Explosive Limit (LEL), nor shall pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, fuel oil, lubricating oil, benzene, toluene, xylene, ethers, alcohols, and ketones.

B. Any solids or viscous substances which shall or are likely to cause obstruction to the flow in a sewer or interference with the operation of the wastewater treatment plant. These include grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, feathers, ashes, sand, spent lime, stone or marble dust, metal, glass, grass clippings, rags, spent grains, waste paper, wood, plastic gar tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, glass grinding and polishing wastes.

C. Any garbage not properly shredded, as defined in Section 2, Subd. 31. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food on the premises or when served by caterers.

D. Any wastewater having a pH less than 5.0 or greater than 12.0 or having any corrosive property that shall or is likely to cause damage or hazard to structures, equipment, or employee of the Public Utility.

E. Any alkaline wastewater which alone or with others shall or is likely to cause an elevated pH in the treatment plant influent so as to result in an inhibiting effect on the biological process or encrustation to the sewer.

F. Any wastewater containing toxic or poisonous pollutants in sufficient quantity, either singly or by interaction with other pollutants, that shall or is likely to cause interference or constitute a hazard to humans. (A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.)

G. Any noxious or malodorous solids, liquids, or gases, which either singly or by interaction with other wastes, shall or are likely to create a public nuisance or hazard to life or prevent the entry of utility employees into a sewer for its monitoring, maintenance, and repair.

H. Any wastewater which shall or is likely to cause excessive discoloration in treatment plant effluent.

I. Wastes, other than Domestic Wastes, that are infectious before discharging into the sewer.

J. Any sludge from an industrial pretreatment facility except as provided in Section 46.13.

K. Heat in amounts which shall or is likely to inhibit biological activity in the treatment plant resulting in interference or causing damage to the treatment plant, but in no case heat in such quantities that the Industrial User's waste temperature is greater than 65^oC (150^oF) at its point of discharge to the sewer system, or heat causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 40^oC (104^oF).

L. Any wastewater containing fat, wax, grease or oil in excess of 100 mg/l that shall or is likely to solidify or become viscous at temperatures between 0^o and 65^oC and which shall or is likely to cause obstruction to the flow in sewers or other interference to the POTW, including petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin.

M. Any slug discharged in such volume or strength which a person knows or has reason to know shall or is likely to cause interference in the POTW.

N. Any substance which shall cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards.

O. Any substance which may cause the POTW's effluent or any other product of the wastewater treatment process such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the wastewater disposal system cause the system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the sludge management method being used.

P. Any wastewater containing inert suspended solids (including lime slurries and lime residues) or dissolved solids (including sodium chloride) in such quantities that shall or is likely to cause interference with the POTW.

Q. Radioactive wastes or isotopes of such a half‑life or concentration that they are in noncompliance with standards issued by the appropriate authority having control over their use and which shall or are likely to cause damage or hazards to the POTW or employees operating it.

R. Any hazardous waste, unless prior approval has been obtained from the Director.

S. Any waste generated outside the area served by the POTW without prior approval of the Director.

T. Any unpolluted water, including cooling water, rain water, storm water or groundwater, unless there is no other prudent or feasible alternative.

U. Any trucked or hauled wastes or pollutants, except at discharge points designated by the POTW.

Section 10. Limitations on Wastewater Strength.

Subd. 1. Federal Pretreatment Standards. Federal Pretreatment Standards and General Regulations promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this Ordinance unless the Director has applied for, and obtained from the MPCA, approval to modify the specific limits in the federal pretreatment standards. In all other respects, Industrial Users subject to Pretreatment Standards shall comply with all provisions of these Rules and any Permit issued thereunder, notwithstanding less stringent provisions of the General Pretreatment Regulations or any applicable Pretreatment Standard.

Subd. 2. State Requirements. State requirements and limitations on discharges shall be met by all users which are subject to the standards in any instance in which they are more stringent than federal requirements and limitations or those in this Ordinance.

Subd. 3. City's Right of Revision. The City reserves the right to establish by Ordinance more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section 46.1 of this Ordinance.

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

Subd. 5. Removal Credits and Variances.

A. If the POTW achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to MPCA for modification of specific limits of the EPA Pretreatment Standards. The City shall modify pollutant discharge limits applicable to an Industrial User in the Pretreatment Standards if the requirements contained in 40 CFR 403.7 of the General Pretreatment Regulations relating to credits for the removal of pollutants are fulfilled and approval from MPCA is obtained. However, nothing herein shall be construed to require the City to apply to MPCA for removal credits nor shall it be construed to in any way limit the applicability of the limitations provided in Section 46.10, Subd. 6, in the event that such a removal credit is granted, except as provided in Section 46.10, Subd. 1.

B. The City shall recognize and enforce the conditions allowed for by variances from Pretreatment Standards for fundamentally different factors as granted by EPA to individual Industrial Users in accordance with 40 CFR 403.13 of the General Pretreatment Regulations.

C. The Director shall notify all affected Industrial Users of the applicable Pretreatment Standards, their amendments, and reporting requirements in accordance with 40 CFR 403.12 of the General Pretreatment Regulations. A compliance schedule a part of the Industrial Discharge Permit shall be developed between the Sewer Control Board and the Industrial User to ensure that the Industrial User complies with local, state, and federal limitations in a timely manner as provided by the same section of the General Pretreatment Regulations.

Subd. 6. Supplementary Limitations. No person, except as authorized pursuant to a compliance schedule in a Permit, shall discharge or cause or allow to be discharged, directly or indirectly, into the POTW any of the following waste pollutants containing concentrations in excess of the following maximum limitations for any operating day:

Pollutant Maximum Allowable Concentration* (mg/l)

Arsenic 0.13

Cadmium 0.091

Chromium, Total 2.28

Copper 2.76

Cyanide, Total 3.11

Lead 0.79

Mercury 0.016

Molybdenum 0.11

Nickel 0.75

Selenium 0.19

Silver 0.56

Zinc 4.23

*Based on a 24‑hour flow proportional composite sample of a total facility discharge to the Avon POTW.

Subd. 7. Special Agreements. No statement contained in this Subsection, except as promulgated by the EPA as stated in Section 46.10, Subdivision 1, shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern, in accordance with applicable ordinances and any supplemental agreement with the City.

Subd. 8. Pretreatment Standards Notification. The Director shall notify all affected Industrial Users of the applicable Pretreatment Standards, their amendments, and reporting requirements in accordance with Code of Federal Regulations, Title 40, Section 403.12 of the General Pretreatment Regulations. A compliance schedule shall be developed between the POTW and the Industrial User to ensure that the Industrial User complies with local, state, and federal limitations in a timely manner as provided by the same Section of the General Pretreatment Regulations.

Subd. 9. Reports. Reports specified in Code of Federal Regulations, Title 40, Section 403.12 of the General Pretreatment Regulations shall be submitted to the POTW by affected users.

Section 11. Accidental and Slug Discharges.

Subd. 1. Prevention of Accidental and Slug Discharges. All Industrial Users shall provide adequate protective procedures to prevent the accidental discharge of any waste prohibited in Section 46.9 any waste in excess of the limitations provided in Section 46.10, Subd. 6, or any waste in violation of an applicable pretreatment standard.

Subd. 2. Accidental Discharge. Accidental discharges of prohibited waste into the POTW, directly or through another disposal system, or to any place from which such waste may enter the POTW, shall be reported to the Office of the Director of Public Utility by the persons responsible for the discharge, or by the owner or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the fact of such discharge. Such notification shall not relieve users of liability for any expense, loss or damage to the wastewater disposal system or treatment process, or for any fines imposed on the City on account thereof under any state or federal law. The responsible person shall take immediate action as is reasonably possible to minimize or abate the prohibited discharge.

The responsible person shall send a letter describing the prohibited discharge to the Director within seven (7) days after obtaining knowledge of the discharge. The letter shall include the following information:

A. The time and location of the spill;

B. Description of the accidentally discharged waste, including estimate of pollutant concentrations;

C. Time period and volume of wastewater discharged;

D. Actions taken to correct or control the spill; and

E. A schedule of corrective measures to prevent further spill occurrences.

Subd. 3. Slug Discharge. In the event that an Industrial User discharges a Slug in such volume or strength that the Industrial User knows or has reason to know it shall cause interference in the POTW, the Industrial User shall immediately report the same to the Director. Within seven (7) days thereafter, the Industrial User shall send a letter to the Director describing the Slug as specified under Accidental Discharge. After such a discharge, a plan is required to prevent additional slug or accidental discharges. This plan shall contain the following at a minimum:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

C. Procedure for promptly notifying the POTW of slug discharges as defined under Section 403.5(b) of the Code of Federal Regulations Title 40 and Section 46.9 of this Ordinance, with procedures for follow-up written notification within five (5) days;

D. Procedures necessary to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, and worker training;

E. Any necessary measures for building containment structures or equipment;

F. Any necessary measures for controlling toxic organic pollutants (including solvents);

G. Any necessary procedures and equipment for emergency response; and

H. Any necessary follow-up practices to limit the damage suffered by the POTW or the environment.

Section 12. Monitoring.

Subd. 1. Monitoring Facilities. When required by the City's Permit, the Permittee of any property services by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation sampling, flow measurement, and measurement of the wastes. Such structure and equipment when required shall be constructed at the owner's expense in accordance with plans approved by the City and shall be maintained by the owner so as to be safe and accessible at all times.

The monitoring facility should normally be situated on the user's premises, but the Director may when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed elsewhere.

Subd. 2. Flow Measurement. A Permittee, when required by Permit, shall install and maintain a flow measurement device for instantaneous rate and/or cumulative flow volume determinations. Metered water supply may be used in lieu of flow measurement devices if it can be documented that the water usage and waste discharge are the same, or where a measurable adjustment to the metered supply can be made to determine the waste volume.

Meters and flow records shall be maintained at the Permittee's expense in good operating condition at all times. The Permittee shall notify the Director in writing within five (5) days in the event that the Permittee becomes aware that the meter or flow recorder has failed to accurately register the flow. The Permittee shall also notify the Director of the Permittee's intention to alter the installation of a meter or flow recorder so as to affect the accurate recording of industrial waste entering the POTW.

Subd. 3. Self-Monitoring Analyses. All measurements, tests, and analyses of the characteristics of water and wastes as outlined in the Permit shall be determined in accordance with guidelines established in 40 CFR Part 136 and 40 CFR 403.12 (g) of the General Pretreatment Regulations.

Representative samples of a Permittee's industrial waste shall be collected on a normal operating day and in accordance with guidelines listed in Industrial User's Permit. Industrial Users subject to Pretreatment Standards shall sample in accordance with the Pretreatment Standards. Self‑monitoring point(s) for Industrial Users who are not subject to Pretreatment Standards shall be at a location and at a frequency as specified in the Permit.

Subd. 4. Self-Monitoring Reports. A condition of the Industrial User's Permit shall include the completion and submittal of accurate routine self‑monitoring reports to the Director in a form subscribed to by the Director. The nature and frequency of routine reporting shall be based upon the requirements specified by the User's Permit application form. Except in the case of Waste Transport Haulers, reports shall be required as follows:

A Less than one (1) million gallons total waste discharged per year, semi-annually;

The Director may modify the above reporting schedule for a particular Permittee based on the Permittee's industrial waste characteristics. Permittees subject to Pretreatment Standards shall submit reports to the POTW in accordance with the applicable Pretreatment Standards.

Subd. 5. Inspection and Sampling. The City may conduct such tests as are necessary to enforce this Ordinance, and employees of the City may enter upon any property for the purpose of taking samples, obtaining information or conducting surveys or investigations relating to such enforcement. Entry shall be made during operating hours unless circumstances require otherwise. In all cases where tests are conducted by the City for the purpose of determining whether the user is in compliance with regulations, the cost of such tests shall be charged to the user and added to the user's sewer charge. In those cases where the City determines that the nature or volume of a particular user's wastewater requires more frequent than normal testing, the City may charge such user for the tests, after giving the user ten (10) days written notice of its intention to do so, and the cost thereof shall be added to the user's sewer charge.

Duly authorized employees of the City, MPCA, and EPA bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. Those employees shall have no authority to inquire into any processes except as is necessary to determine the kind and source of the discharge to the POTW. While performing the necessary work on private properties referred to in Subd. 5 of this Subsection, the authorized employees of the City shall observe all safety rules applicable to the premises established by the company.

Duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the POTW lying within said easement. All entry and subsequent work, if any, on said easement shall be done in all accordance with the terms of the easement pertaining to the private property involved.

Subd. 6. Testing Procedures. Testing procedures for the analysis of pollutants for Permit applications and routine self-monitoring shall conform to the guidelines established in Code of Regulations, Title 40, Part 136 and Code of Federal Regulations, Title 40, Section 403.12 (g) of the Federal Pretreatment Regulations. Subd. 7. Report and Monitoring Discrepancies. A Permittee shall be notified in writing by the Director of a significant discrepancy between the Permittee's routine, self-monitoring records and the POTW's monitoring results within thirty (30) days after the receipt of such reports and monitoring results. The Permittee shall then have ten (10) working days to reply in writing to such notification. If mutual resolution of such discrepancy is not achieved, additional sampling shall be performed by the City employees. Samples may be split between the Permittee's laboratory or agent and the POTW's laboratory for analysis.

Subd. 8. Wastewater Discharge Records. Wastewater discharge records of a Permittee shall be kept by the Permittee for a period of not less than three (3) years. The Permittee shall provide the Director reasonable access to these records during normal business hours. A Permittee, subject to an applicable Pretreatment Standard, shall maintain all records required by Code of Federal Regulations, Title 40, Section 403.12 (n) of the General Pretreatment Regulations.

Subd. 1. Compliance with Standards. Where pretreatment, flow equalizing facilities or Interceptors are provided for any water or wastes, they shall be effectively operated and maintained continuously in satisfactory and effective condition by the owner at his expense, and shall be available for inspection by the City employees at all reasonable times.

Industrial Users shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Industrial Users as required by their Industrial Discharge Permit shall submit to the Director for review detailed plans showing the pretreatment facilities at least sixty (60) days prior to initiation of construction. The Director shall approve the Industrial User's pretreatment plans if it appears that the proposed pretreatment facility is capable of meeting all applicable limitations.

The Sewer Control Board's review and approval shall in no way relieve the Industrial User from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions of these Rules. Any subsequent modifications in the pretreatment facilities which shall result in a substantial change in discharge shall be reported to be approved by the Director upon a determination that the modified facility is capable of meeting all applicable limitations, prior to the modification of the existing facility.

Residual solids from a pretreatment facility shall not be disposed, directly or indirectly, into the POTW without prior written approval from the Director. The disposal method shall be in accordance with local, state and federal requirements. The Director shall be notified in writing within ten (10) days of any substantial changes in such residual solids disposal procedures and/or characteristics.

Subd. 2. Trap Installations. Grease, oil, and sand traps shall be provided for the proper discharge of waste containing excessive amounts of grease, oil, or sand. All trap installations shall be regularly cleaned and maintained for adequate performance.

Section 14. Confidential Information. Information and data on a user obtained from reports, questionnaires, Permit applications, Permits, monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Ordinance, the NPDES Permit, State Disposal System Permit, and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information.

Information accepted by the Director as confidential, shall not be transmitted to any governmental agency or to the general public by the Director until and unless a ten (10) day notification is given to the user.

Subd. 1. Severability. If the provisions of any section, paragraph, or sentence of these Rules shall for any reason be held to be unconstitutional or invalid by any court of competent jurisdiction, the provisions of the remaining sections, paragraphs, and sentences shall nevertheless continue in full force and effect.

Subd. 2. Conflicts. If conflicts arise between these Rules or Regulations previously adopted by the City, these Rules and the interpretations of them shall take precedence.

Subd. 1. Remedies Available. The Director may suspend the sewer system service and/or an Industrial Discharge Permit when such suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the POTW, or would cause the City to violate any condition of its NPDES or State Disposal System Permit. Any user notified of a suspension of the sewer system service and/or the Industrial Discharge Permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to any individuals. The Director shall reinstate the Industrial Discharge Permit and/or the sewer system service upon proof of the elimination of the noncomplying discharge.

A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the Director within five (5) working days of the date of occurrence.

Subd. 2. Revocation of Permit. In accordance with the procedures of Section 46.16 of this Ordinance, the Director may revoke the Permit of any user which fails to factually report the wastewater constituents and characteristics of its discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or for violation of conditions of its Permit, this Ordinance, or applicable state and federal regulations.

Subd. 3. Notification of Violation. Whenever the Director finds that any person has violated or is violating this Ordinance, Industrial Discharge Permit, or any prohibition, limitation or requirement contained herein, the Director may serve upon such person a written notice stating the nature of the violation. Within ten (10) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.

A. Notice of Hearing. If the violation is not corrected by timely compliance, the Director may order any user which causes or allows an unauthorized discharge to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days before the hearing. Service may be made on any agent or officer of a corporation.

B. Hearing Officials. The City Council may itself conduct the hearing and take the evidence, or may designate any of its members, administrative law judge, or any officer or employee of the (assigned Department) to:

(i) Issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(iii) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.

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

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

Subd. 5. Legal Action. If any person discharges wastewater, industrial wastes, or other wastes into the City's wastewater disposal system contrary to the provisions of this Ordinance, federal or state pretreatment requirements or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief.

Subd. 1. Administrative Fines. Notwithstanding any other Section of this Ordinance, any user who is found to have violated any provision of this Ordinance, or Permits and orders issued hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the City Finance Director shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Industrial Users desiring to dispute such fines must file a request for the City Finance Director to reconsider the fine within ten (10) days of being notified of the fine. Where the City Finance Director believes a request has merit, the City Finance Director shall convene a hearing on the matter within thirty (30) days of receiving the request from the Industrial User.

Subd. 2. Criminal Penalties. Any person violating this Ordinance shall be guilty of a misdemeanor.

Subd. 3. Costs. In addition to the penalties provided herein, the City may recover court costs, court reporter's fees and other expenses of litigation by an appropriate action against the person found to have violated this Ordinance or the Orders, Rules, Regulations, and Permits issued hereunder.

Subd. 4. Costs of Damage. Any person violating any of the provisions of this Ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. The Director may add to the user's charges and fees the costs assessed for any cleaning, repair, or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this Ordinance.

Subd. 5. Falsifying Information. Any person who knowingly makes false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance, or Industrial Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall upon conviction, be punished by a fine or by imprisonment, or by both.

Section 18. Publication of Significant Violations. Public notification shall occur at least annually in the official daily newspaper published in the municipality in which the POTW is located all Industrial Users which, at any time during the previous twelve (12) months, were in significant violation of applicable Pretreatment Standards or Pretreatment Requirements. For the purpose of this provision, an Industrial User is in significant violation if its violations meet one or more of the following:

A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all the measurements taken during a six (6) month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC = 1.4 for BOD, SS, fats, oil and grease and TRC = 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Director believe has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW employees or the general public);

D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 (F)(1) (vii)(b) to halt or prevent such a discharge;

E. Violation, by ninety (90) days or more after the schedule date, of a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance;

F. Failure to provide required reports such as baseline monitoring reports, periodic self-monitoring reports, and reports on compliance with compliance schedules, within thirty (30) days of the due date;