[Ord. No. 8020, 11-13-2017]
A.
The Wastewater Treatment Superintendent shall have the right to enter
the premises of any user to determine whether the user is complying
with all requirements of this Chapter and any wastewater discharge
permit or order issued hereunder. Users shall allow the Wastewater
Treatment Superintendent ready access to all parts of the premises
for the purposes of inspection, sampling, record examination and copying,
and the performance of any additional duties.
1.
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Wastewater Treatment
Superintendent will be permitted to enter without delay for the purpose
of performing specific responsibilities.
2.
The Wastewater Treatment Superintendent shall have the right
to set up on the user's property, or require installation of,
such devices as are necessary to conduct sampling and/or metering
of the user's operations.
3.
The Wastewater Treatment Superintendent may require the user
to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the user at its own expense.
All devices used to measure wastewater flow and quality shall be calibrated
at least annually to insure their accuracy.
4.
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Wastewater Treatment
Superintendent. The cost of clearing such access shall be born by
the user.
5.
Unreasonable delays in allowing the Wastewater Treatment Superintendent
access to the user's premises shall be a violation of this Chapter.
[Ord. No. 8020, 11-13-2017]
If the Wastewater Treatment Superintendent has been refused
access to a building, structure, or property, or any part thereof,
and is able to demonstrate probable cause that there may be a violation
of this Chapter; that there is a need to inspect and/or sample as
part of a routine inspection and sampling program of the City of Maryville
designed to verify compliance with this Chapter or any permit or order
issued hereunder; or to protect the overall public health, safety
and welfare of the community, then the Wastewater Treatment Superintendent
may seek issuance of a search warrant.
[Ord. No. 8020, 11-13-2017]
Unless the user specifically requests, and is able to demonstrate
to the satisfaction of the Wastewater Treatment Superintendent that
the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable State law, information and data on a user obtained from
reports, surveys, wastewater discharge permit application, wastewater
discharge permits, and monitoring programs, and from the Wastewater
Treatment Superintendent's inspection and sampling activities,
shall be available to the public without restriction. Wastewater constituents
and characteristics and other "effluent data" as defined by 40 CFR
2.302 will not be recognized as confidential information and will
be available to the public without restriction. Any such non-disclosure
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret process shall
not be made available for inspection by the public, but shall be made
available immediately upon request to governmental agencies for uses
related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report.
[Ord. No. 8020, 11-13-2017]
A.
The Wastewater Superintendent shall publish annually, in a newspaper
of general circulation that provides meaningful public notice within
the jurisdictions served by the POTW, a list of the users which, at
any time during the previous twelve (12) months, were in Significant
Non-compliance with applicable Pretreatment Standards and Requirements.
The term Significant Non-compliance shall be applicable to all Significant
Industrial Users (or any other Industrial User that violates Subsections
(C), (D) or (H) of this Section) and shall mean:
1.
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 715.040;
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[Note: Required Streamlining Rule Change, see 40 CFR 403.3(1)]
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2.
Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 715.040, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
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[Note: Required Streamlining Rule Change, see 40 CFR 403.3(1)]
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3.
Any other violation of a Pretreatment Standard or Requirement as defined by Section 715.040 (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the Wastewater Superintendent determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public;
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[Required Streamlining Rule Change, see 40 CFR 403.3(1)]
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4.
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the Wastewater
Superintendent's exercise of its emergency authority to halt
or prevent such a discharge;
5.
Failure to meet, within ninety (90) days of the scheduled date,
a compliance schedule milestone contained in an individual wastewater
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
6.
Failure to provide within forty-five (45) days after the due
date, any required reports, including baseline monitoring reports,
reports on compliance with categorical Pretreatment Standard deadlines,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
7.
Failure to accurately report non-compliance; or
8.
Any other violation(s), which may include a violation of Best
Management Practices, which the Wastewater Superintendent determines
will adversely affect the operation or implementation of the local
pretreatment program.
