13.20.010 General provisions

It shall be unlawful to discharge sewage, industrial wastes, or other wastes to any sewer within the jurisdiction of the City, and/or to the POTW without having first complied with the terms of this chapter. (Ord. 2645, 1993; Ord. 3486 Exh. A (part), 1985, §13.20.540).

13.20.020 Wastewater discharge data disclosure

All significant industrial dischargers proposing to connect to the wastewater system and discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this chapter within ninety days after the effective date of the chapter.

Significant industrial dischargers shall complete and file with the City a disclosure declaration in the form prescribed by the City, accompanied by the appropriate fee. Existing significant industrial dischargers shall file disclosure forms within thirty days after the effective date of this chapter, and proposed new dischargers shall file their disclosure forms at least ninety days prior to connecting to the POTW. The disclosure to be made by the discharger shall be made on written forms provided by the City and shall cover:

1. Disclosure of name, address, and location of the discharger.
2. Disclosure of standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
3. Disclosure of wastewater constituents and characteristics including, but not limited to, those mentioned in this chapter as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR Part 136, as amended.
4. Disclosure of time and duration of discharges.
5. Disclosures of average daily and instantaneous peak wastewater flow rates, in gallons per day. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility.
6. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
7. Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City.
8. Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and if not, whether additional operation is required for the discharger to comply with this chapter.
9. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
   1. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, executing contract for major construction, and all other acts necessary to achieve compliance with this chapter.
   2. Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
   3. Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date, and if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
10. Disclosure of each product produced by type, amount, process or processes, and rate of production.
11. Disclosure of the type and amount of raw materials utilized (average and maximum per day).
12. All disclosure forms shall be signed by a principal executive officer of the discharger, and qualified engineer.
13. All sewers shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four inches diameter and an internal diameter of no less than forty-eight inches containing flow measuring, recording and sampling equipment as required by the City to assure compliance with this chapter.

The City will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the City shall notify the discharger of the City's acceptance thereof through issuance of an industrial wastewater acceptance form. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.550).

13.20.030 Industrial wastewater acceptance form—permit

The City shall issue to the discharger an industrial wastewater acceptance form, which will be based on information in the disclosure form and include:

1. Any fees and charges to be paid upon initial issuance;
2. Limits on the average and maximum wastewater constituents and characteristics;
3. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
4. Requirements for installation and maintenance of inspection and sampling facilities;
5. Special conditions as the City may reasonably require under particular circumstances of a given discharge, including sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule;
6. Compliance schedules;
7. Requirements for submission of special technical reports or discharge reports where same differs from those prescribed by this chapter;
8. Any special agreements the City chooses to continue or develop between the City and a discharger. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.560).

13.20.040 Industrial pretreatment program amendments

The City reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance by the authority with applicable laws and regulations. Where a discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted a disclosure form as required by Section 13.20.020, the discharger shall file a disclosure form with the City within one hundred eighty days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any discharger operating on the basis of a previous filing of a disclosure statement shall submit to the authority within one hundred eighty days after the promulgation of an applicable National Categorical Pretreatment Standard, the additional information required by subsections H and I of Section 13.18.550. The discharger shall be informed of any proposed changes in the chapter at least thirty days prior to the effective date of change. Any changes or new conditions in the chapter shall include a reasonable time schedule for compliance. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.570).

13.20.050 Reporting requirements for dischargers

1. Any non-complying discharger subject to a compliance schedule is subject to milestone dates for the commencement or completion of major events leading to the construction or operation of pretreatment facilities shall be required to submit periodic compliance schedule progress reports as required in subsection I of Section 13.20.020.
2. Within ninety days following the date for final compliance by existing dischargers with applicable pretreatment standards set forth in this chapter or ninety days following commencement of discharge of wastewater into the POTW by a new discharger, any discharger subject to this chapter shall submit to the City a report containing the information described in the Code of Federal Regulations Title 40 Part 403.12 paragraphs (b), (4) and (5). For industrial users subject to equivalent mass or concentration limits established by the City, this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger, and certified by a qualified engineer licensed to practice in the State of Montana.
3. Any discharger subject to a pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or, in the case of a new discharger, after commencement of the discharge to the wastewater system, shall submit to the City during the months of June and December, unless required more frequently by the City, a self-monitoring report indicating the nature and concentration, of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the report period reported in subsection B of this section. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports on months other than those specified above. Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. All analyses shall be performed in accordance with 40 CFR Part 136 and amendments thereto.
4. Any discharger required to implement an accidental spill prevention plan will be required to submit that plan to the City as a requirement of the industrial wastewater acceptance form, or as required upon notification from the City if an industrial wastewater acceptance form is not required of a discharger. Upon approval of the plan by the City, the affected user will be required to implement the plan. Should an accidental spill occur, the discharger will be required to notify the City immediately upon the occurrence of such spill to the wastewater system. The notification shall include location of discharge, date, time, type of waste, concentration, volume, and corrective actions. The notification shall be followed by a written report to the City within five days.
5. If sampling performed by an industrial user indicates a violation, the user shall notify the City within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty days after becoming aware of the violation.
6. All industrial users shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in their discharge. (Ord. 2645, 1993; Ord. 2551 §§ 5, 6, 7, 1989; Ord. 2531 § 6, 1989 §13.20.580; Ord. 2386, Exh. A (part), 1985).

13.20.060 Limits on discharge of selected pollutants.

1. IIn addition to discharge limits stated elsewhere in this chapter discharges of industrial wastewater shall limit output of certain pollutants to the following maximum values:
   

   Arsenic	--	1.36 milligrams per liter
   Cadmium	--	5.00 milligrams per liter
   Chromium	--	16.72 milligrams per liter
   Copper	--	15.13 milligrams per liter
   Lead	--	2.63 milligrams per liter
   Mercury	--	0.06 milligrams per liter
   Nickel	--	15.57 milligrams per liter
   Silver	--	0.70 milligrams per liter
   Zinc	--	0.51 milligrams per liter

2. The City has the right to review and amend these limits as it determines necessary.
3. The dilution of discharged wastes with uncontaminated or lesser contaminated wastes or waters shall not be an acceptable method of complying with the limitations outlined in this section. (Ord. 2645, 1993; Ord. 2533, 1989; §13.20.581).

13.20.070 Notification of hazardous waste discharge

Industrial users shall notify the City Public Works Director, the EPA Regional Waste Management Division Director, and Chief of the Solid and Hazardous Waste Bureau, State of Montana in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. The notification, as outlined in 40 CFR Part 403.12(p) shall take place no later than one hundred eighty (180) days after the discharge occurs. In the case of new regulations identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, notification shall take place within ninety days of the effective date of such regulations. (Ord. 2645, 1993; Ord. 2601 §5, 1991; §13.20.582).

13.20.080 Inspection and sampling

The City may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the City or its representatives to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling, record copying, or records examination. The City shall have the right to set up on the discharger's property such devices as are necessary to conduct verification sampling, inspection, compliance monitoring and/or metering operations. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985; §13.20.590).

13.20.090 Confidential information

Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.

When requested by a discharger furnishing a report, the portions of a report which may 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 chapter, the Montana Pollutant Discharge Elimination System (MPDES) permit, and/or the pretreatment program; 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 discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. (Ord. 2645, 1993; Ord. 2531 §7, 1989, §13.20.600; Ord. 2386, Exh. A (part), 1985).