§ 41-77. Applicability of more stringent regulations.

(a)

If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this article are promulgated by the United States Environmental Protection Agency for certain industries, the more stringent national pretreatment standards will apply to the affected industrial user. A violation of the more stringent national pretreatment standards will also be considered a violation of this chapter.

(b)

Applicability of more stringent discharge limits. An industrial user within the city who discharges industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules:

(1)

If the governmental entity has more stringent discharge limits than those prescribed by this chapter, or by a discharge permit issued hereunder, because the United States Environmental Protection Agency requires the more stringent discharge limits as part of the governmental entity's wastewater pretreatment program, the more stringent discharge limits shall prevail.

(2)

The director is authorized to issue a discharge permit to an industrial user affected by subsection (1), to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the director may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the director an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.

(3)

If the director chooses not to issue or amend a permit under subsection (2) the director shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits.

(4)

The more stringent discharge limits cease to apply upon termination of the city's wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the government entity or the United States Environmental Protection Agency. The director shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection (4).

(c)

Variances in compliance dates. The director may grant a variance in compliance dates to an industry when, in the director's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the director grant a variance in compliance dates to an industry affected by national categorical pretreatment standards beyond the compliance dates established by the United States Environmental Protection Agency.

(d)

Authority to regulate. The director may establish regulations, not in conflict with this chapter, other laws, to control the disposal and discharge of industrial waste into the wastewater system and to insure compliance with the city's pretreatment enforcement program with all applicable pretreatment regulations promulgated by the United States Environmental Protection Agency. The regulations established shall, where applicable, be made part of any discharge permit issued to an industrial user by the director.

(Ord. No. 8140, § 1, 3-20-03)