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Article 8
Sec 7.08.002
Industrial Users of the Municipal Separate Storm Sewer System

A. The Director may require industrial users to conduct self-inspections, self-monitoring of storm water discharges, and/or reporting to the Water Pollution Control Department in a manner deemed appropriate by the Director.

B. When the Director requires an industrial user to provide quantitative data for a pollutant under paragraph "A" of this Section, all storm water discharge samples shall be collected in accordance with 40 CFR 122.21(g)(7), as may be amended from time to time, and pollutant analyses shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, as may be amended from time to time. If 40 CFR Part 136 does not contain analytical techniques for the pollutant in question, analyses must be performed in accordance with procedures approved by the Director.

C. The Director may require industrial users discharging to the municipal separate storm sewer system under State operating permits to provide the Director with copies of permit applications, reports, and other records concerning industrial user discharges in a manner and within a time frame deemed appropriate by the Director.

D. Industrial users shall maintain a record of the date and time, volume and methods of removal and disposal and location of disposal site(s) for solids, sludges, grease, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters. Records of receipt by the disposal facility of all such wastes removed from the site shall be maintained to provide a comprehensive tracking system from generation to disposal for removed wastes.

E. Industrial users shall make available for inspection and copying all records and information required by the Director. Industrial users shall maintain material safety data sheets, incoming hazardous waste manifests, outgoing hazardous waste manifests, records of sludge and other residual waste disposal, sampling records, analytical reports, production records, purchase records, reports submitted to regulatory agencies and other related records for a period of at least three (3) years. Such records shall include for all samples:

1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples; and
2. The dates analyses were performed; and
3. Who performed the analyses; and
4. The analytical techniques/methods used; and
5. The results of such analyses.

The three year record retention period shall be automatically extended for the duration of any litigation concerning compliance with this Article, or where an industrial user has been specifically notified of a longer retention period by the Director.

F. The Director may require industrial users to submit and implement pollution prevention and spill control plans as set forth in Section 7.08.004 of this Article.

G. The Director may require industrial users to implement BMPs where deemed necessary by the Director to achieve the objectives of the City's storm water management program.

H. The Director may require industrial users to obtain permits, or the Director may issue orders or other control mechanisms controlling the contribution of pollutants from and quality of industrial discharges, including indirect storm sewer discharges, to the municipal separate storm sewer system.

I. The Director may establish monitoring requirements, pollutant limitations and other restrictions on industrial user discharges to the municipal separate storm sewer system. Such monitoring requirements, pollutant limitations or other restrictions may be as stringent as or more stringent than requirements set forth in a State operating permit issued to the industrial user for such discharge, if deemed necessary by the Director to achieve the objectives of the City's storm water management program.

J. The City may enter into agreements with other jurisdictions to require industrial user sampling, obtain information, and to control the quality of indirect storm sewer discharges to the City's municipal separate storm sewer system from industrial users located outside the City.

K. The Director may, on a case-by-case basis in a manner deemed appropriate by the Director, designate any nondomestic source not otherwise deemed to be an industrial user to be subject to the requirements of this Section, if the Director finds such nondomestic source to be storing significant materials, to be a source of storm water discharge associated with industrial activity or to be a source of non-storm water discharge to the municipal separate storm sewer system.

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