§ 41-65. Same—Associated with industrial activity.

(a)

All operators of (1) municipal landfills; (2) hazardous waste treatment, disposal and recovery facilities; (3) industrial facilities that are subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA) 42, USC § 11023; and (4) industrial facilities that the director determines are contributing a substantial pollutant loading to the MS4, which are sources of stormwater discharges associated with industrial activity, shall comply with the following requirements:

(1)

Any operator who intends to obtain coverage for stormwater discharge associated with industrial activity under the NPDES general permit for stormwater discharges associated with industrial activity ("the industrial general permit") shall submit a signed copy of its notice of intent (NOI) to the director at least two (2) days prior to the commencement of the industrial activity at the facility. If industrial activity is already underway upon the effective date of this article, the NOI shall be submitted within thirty (30) days. Where the operator of a facility with a stormwater discharge associated with industrial activity which is covered by the industrial general permit changes, the new operator of the facility shall submit an NOI at least two (2) days prior to the change.

(2)

A stormwater pollution prevention plan (SWPPP) shall be prepared and implemented in compliance with the requirements of the industrial general permit or any individual or group NPDES permit issued for stormwater discharges from the industrial facility, and with any additional requirement imposed by or under this article and any other city ordinance.

(3)

A registered professional engineer shall prepare, sign, and seal the SWPPP.

(4)

The operator shall complete the SWPPP prior to the submittal of the NOI to the director and, for a new industrial operation, prior to the commencement of the industrial activity at the facility. The operator shall update and modify the SWPPP as appropriate and as required by the industrial general permit and this article.

(5)

The operator shall submit a copy of any NOI that is required by this article to the city in conjunction with any application for a permit or any other city approval necessary to commence or continue operation of the industrial facility.

(6)

The director may require any operator who is required to prepare a SWPPP to submit the SWPPP, and any modifications to it, to the director for review. The director may require submittal and review of the SWPPP prior to commencement of or during industrial activity at the facility.

(7)

Upon the director review of the SWPPP and any site inspection that he/she may conduct, the city may deny approval of any application for a permit or any other city approval necessary to commence or continue operation of the facility, on the grounds that the SWPPP does not comply with the requirements of the industrial general permit, any individual or group NPDES permit issued for stormwater discharges from the industrial facility, or any additional requirement imposed by or under this article.

(8)

A registered professional engineer shall prepare, sign and seal any significant modification to the SWPPP.

(9)

The operator shall retain the SWPPP, with the registered professional engineer's signature and seal affixed, and with any modifications attached, at the industrial facility from the date of commencement of operations until all stormwater discharges associated with industrial activity at the facility are eliminated and he or she has submitted the required notice of termination (NOT).

(10)

The operator shall make the SWPPP and any modification to it available to the director upon request.

(11)

The director may notify the operator at any time that the SWPPP does not meet the requirements of the industrial general permit, any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility, or any additional requirement imposed by or under this article. The notification shall identify those provisions of the permit or article which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet the requirements. Within thirty (30) days of notification from the director (or as otherwise provided by the director), the operator shall make the required changes to the SWPPP and shall submit to the director a written certification that the requested changes have been made.

(12)

If the industrial facility is required by Part VI.B.2 of the industrial general permit to conduct semi-annual monitoring, the operator shall submit a signed copy of each semi-annual monitoring report prepared in compliance with Part VI.D. to the director.

(13)

If the industrial facility is required by Part VI.B.3 of the industrial general permit to conduct annual monitoring, the operator shall retained records of the monitoring results at the facility and make them available to the director upon request. The operator shall prepare a written report of the annual monitoring and submit it to the director if expressly required to do so by the director.

(14)

By written notice, the director may require any industrial facility identified in compliance with this section to implement a monitoring program that includes the submission of quantitative data on the following constituents: any pollutants limited in effluent guidelines subcategories, where applicable; any pollutant listed in an existing NPDES permit for the facility; oil and grease, COD, pH, BOD5, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen, and any information on discharges required under 40 C.F.R. 122.21(g)(7)(iii) and (iv). The director may require written reports of any monitoring to be submitted to him/her.

(15)

By written notice, the director may require any industrial facility identified in this section to conduct semi-annual or annual monitoring of stormwater discharges, or the director may specify an alternative monitoring frequency and/or specify additional parameters to be analyzed. The director may require written reports of any such additional monitoring to be submitted to him/her.

(16)

The operator shall retain the SWPPP until at least one (1) year after stormwater discharges associated with industrial activity at the facility are eliminated, or after that operator is no longer operating the facility, and after submitting a notice of termination (NOT) in compliance with this article. The operator shall retain all records of all monitoring information, copies of all required reports, and records of all data used to complete the NOI, until at least one (1) year after all stormwater discharges associated with industrial activity at the facility are eliminated, or after the operator ceases to operate that facility, and after the operator has submitted the required notice of termination (NOT).

(17)

For discharges subject to the semiannual or annual monitoring requirements of Part VI.B. of the industrial general permit, in addition to the records-retention requirements of the paragraph above, operators shall to retain for a six-year period from the date of sample collection, records of all monitoring information collected. Operators shall submit monitoring results, and/or a summary of them, to the director upon his/her request.

(18)

Where all stormwater discharges associated with industrial activity that are authorized by this article, and by the NPDES permit for those discharges from industrial activities are eliminated, or where the operator of stormwater discharges associated with industrial activity at a facility changes, the operator of the facility shall submit to the director a notice of termination (NOT) that includes the information required for notices of termination by Part IX of the industrial general permit.

(b)

Any owner of a facility with a stormwater discharge associated industrial activity to which subsection (a) applies, whether or not he/she is an operator of the facility, is jointly and severally responsible for compliance with the best management practices (BMP) measures required in the SWPPP for the facility.

(c)

Upon request by the director, all owners and operators of any facility that experiences a problem complying with the requirements of this article, the industrial general permit, or any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility, shall consult with the director, any other representative of the city, and any third party designated by the city in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to the city's satisfaction, the city may, in its discretion, report the noncompliance to EPA and/or the state, and/or the city may itself undertake any enforcement action as authorized by this article. Exercise of the city's option for consultation is not a bar against, or prerequisite for, taking any other enforcement action against any owner or operator of the facility.

(Ord. No. 8140, § 1, 3-20-03)