EPA MODEL
        PRETREATMENT ORDINANCE
£
              Office of Wastewater Management/
                      Permits Division

                       January 2007
              U.S. Environmental Protection Agency
                1200 Pennsylvania Avenue, NW
                   Washington, DC 20460

                     EPA 833-B-06-002

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                                         Ordinance Key


Required Pretreatment Streamlining Rule changes are designated as a Required Streamlining Rule
Change in 10 point font bold italics.

[Informational notes are in brackets in 10 point bold font]

Optional requirements (not-required by 40 CFR Part 403) are labeled: "{optional}" in 10 point bold font.

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EPA MODEL PRETREATMENT ORDINANCE

INTRODUCTION

       The United States Environmental Protection Agency (EPA), Office of Wastewater
Management, Water Permits Division has prepared this Model Pretreatment Ordinance. It is for
use by municipalities operating Publicly Owned Treatment Works (POTWs) that are required to
develop pretreatment programs to regulate industrial discharges to their systems. The model
ordinance should also be useful for communities with POTWs that are not required io implement
a pretreatment program in drafting local ordinances to control nondomestic dischargers within
their jurisdictions.

       A municipality should not adopt the model ordinance verbatim. Instead, the model
ordinance should be used as a guide for adopting new or revised provisions of local law to
implement and enforce a pretreatment program that fulfills requirements set out in the Code of
Federal Regulations (CFR). The municipality must consider conditions at its POTW and consult
State law to determine what adjustments might need to be made to the model ordinance and what
provisions are authorized under State law.  Many provisions in the model ordinance contain
blanks or brackets; these indicate that the provision must be adapted to the POTW's
circumstances. Also, bracketed notes in bold, 10 point print are provided for certain provisions,
explaining issues the municipality must consider when crafting local provisions.

       Some provisions in the model ordinance are not strictly required by the General
Pretreatment Regulations (40 CFR Part 403); however, they have been included because they
may be useful in ensuring that the municipality has adequate legal authority to effectively
implement its local pretreatment program.  In addition, the model ordinance includes additional,
other provisions that, while included in the "Pretreatment Streamlining Rule (October 14, 2005,
70 FR 60134) are not required elements of a local pretreatment program.  These provisions are
designated as optional, and are indicated as such in the ordinance by "{optional}".  Furthermore,
POTWs considering adopting the non-required provisions of the Pretreatment Streamlining Rule
should verify with their Approval Authority to determine whether these optional items are
available for implementation.  Where a municipality either must adopt a provision similar to the
one in the model ordinance or develop its own means of accomplishing that section's objective,
the section is preceded by a bracketed note explaining the municipality's options.  Other
provisions, such as the model ordinance's statement of purpose and effective date, are necessary
only to the extent that they are typical of any local ordinance.

       POTWs should be aware that any change to their pretreatment ordinance is considered a
modification to their approved pretreatment program. All modifications to a POTW's approved
pretreatment program must be submitted to the Approval Authority in accordance with 40 CFR
403.18. It is EPA's expectation that States will review POTW ordinances to ensure that the
ordinances are consistent with State law. POTWs should request this review from their States.

       EPA Regions and representatives of various States and municipalities provided valuable
comments in helping to prepare this document.

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       This EPA Model Pretreatment Ordinance also is available on EPA's Web site at
http://www.epa.gov/npdes/pretreatment in Microsoft WORD7® format.

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                                                       EPA Model Pretreatment Ordinance
                               TABLE OF CONTENTS

                                                                                   Page

SECTION 1—GENERAL PROVISIONS                                                 1
      1.1  Purpose and Policy                                                          1
      1.2  Administration                                                              2
      1.3  Abbreviations                                                              2
      1.4  Definitions                                                                 2

SECTION 2—GENERAL SEWER USE REQUIREMENTS                                 9
      2.1  Prohibited Discharge Standards                                               9
      2.2  National Categorical Pretreatment Standards                                    11
      2.3  State Pretreatment Standards                                                 14
      2.4  Local Limits                                                               14
      2.5  [City's] Right of Revision                                                   16
      2.6  Dilution                                                                  16

SECTION 3—PRETREATMENT OF WASTEWATER                                    16
      3.1  Pretreatment Facilities                                                       16
      3.2  Additional Pretreatment Measures                                            16
      3.3  Accidental Discharge/Slug Discharge Control Plans                             17
      3.4  Hauled Wastewater                                                         17

SECTION 4—INDIVIDUAL WASTEWATER DISCHARGE PERMITS [and GENERAL
PERMITS {optional}]                                                                 18
      4.1  Wastewater Analy sis                                                        18
      4.2  Individual Wastewater Discharge Permit [and General Permit {optional}]
          Requirement                                                               18
      4.3  Individual Wastewater Discharge [and General {optional}] Permitting: Existing
          Connections                                                               19
      4.4  Individual Wastewater Discharge [and General {optional}] Permitting: New
          Connections                                                               19
      4.5  Individual Wastewater Discharge [and General {optional}] Permit Application
          Contents                                                                  19
      4.6  Wastewater Discharge Permitting: General Permits                              21
      4.7  Application Signatories and Certifications                                      22
      4.8  Individual Wastewater Discharge [and General {optional}] Permit Decisions        22

SECTION 5—INDIVIDUAL WASTEWATER DISCHARGE [AND GENERAL {optional}]
PERMIT ISSUANCE                                                                 23
      5.1  Individual Wastewater Discharge [and General {optional}] Permit Duration         23
      5.2  Individual Wastewater Discharge Permit [and General Permit {optional}] Contents   23
      5.3  Permit Issuance Process {optional}                                            25
      5.4  Permit Modification                                                        25
      5.5   Individual Wastewater Discharge Permit [and General Permit {optional}] Transfer   27

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EPA Model Pretreatment Ordinance
     5.6  Individual Wastewater Discharge Permit [and General Permit {optional}]
          Revocation                                                               27
     5.7  Individual Wastewater Discharge Permit [and General Permit {optional}]
          Reissuance                                                               28
     5.8  Regulation of Waste Received from Other Jurisdictions                          28

SECTION 6—REPORTING REQUIREMENTS                                         30
     6.1  Baseline Monitoring Reports                                                30
     6.2  Compliance Schedule Progress Reports                                       31
     6.3  Reports on Compliance with Categorical Pretreatment Standard Deadline          32
     6.4  Periodic Compliance Reports                                               32
     6.5  Reports of Changed Conditions                                             35
     6.6  Reports of Potential Problems                                               35
     6.7  Reports from Unpermitted Users                                             36
     6.8  Notice of Violation/Repeat Sampling and Reporting                            36
     6.9  Notification of the Discharge of Hazardous Waste                              36
     6.10 Analytical Requirements                                                   37
     6.11 Sample Collection                                                         37
     6.12 Date of Receipt of Reports                                                  38
     6.13 Recordkeeping                                                           38
     6.14 Certification Statements                                                    39

SECTION 7—COMPLIANCE MONITORING                                          41
     7.1  Right of Entry: Inspection and Sampling                                     41

SECTION 8—CONFIDENTIAL INFORMATION                                       42

SECTION 9—PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE          42

SECTION 10—ADMINISTRATIVE ENFORCEMENT REMEDIES                        43
     10.1 Notifi cati on of Vi ol ati on                                                   44
     10.2 Consent Orders                                                           44
     10.3 Show Cause Hearing                                                      44
     10.4 Compliance Orders                                                       44
     10.5 Cease and Desist Orders                                                    45
     10.6 Administrative Fines                                                      45
     10.7 Emergency  Suspensions                                                    46
     10.8 Termination of Discharge                                                  46

SECTION 11—JUDICIAL ENFORCEMENT REMEDIES                                47
     11.1 Injunctive Relief                                                         47
     11.2 Civil Penalties                                                           47
     11.3 Criminal Prosecution                                                      48
     11.4 Remedies Nonexclusive                                                    48

SECTION 12—SUPPLEMENTAL ENFORCEMENT ACTION                            49
     12.1 Penalties for Late Reports {Optional}                                         49

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                                                    EPA Model Pretreatment Ordinance
     12.2 Performance Bonds {Optional}                                            49
     12.3 Liability Insurance {Optional}                                             49
     12.4 Payment of Outstanding Fees and Penalties {Optional}                         49
     12.5 Water Supply Severance {Optional}                                        49
     12.6 Public Nuisances {Optional}                                              50
     12.7 Informant Rewards {Optional}                                            50
     12.8 Contractor Li sting  {Optional}                                             50

SECTION 13—AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS              50
     13.1 Upset                                                                50
     13.2 Prohibited Discharge Standards                                            51
     13.3 Bypass                                                                52

SECTION 14—WASTEWATER TREATMENT RATES - [RESERVED]                   53

SECTION 15—MISCELLANEOUS PROVISIONS {Optional}                           53
     15.1 Pretreatment Charges and Fees {Optional}                                   53
     15.2 Severability {Optional}                                                  53

SECTION 16—EFFECTIVE DATE                                                  54

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                                                          EPA Model Pretreatment Ordinance
                   EPA MODEL PRETREATMENT ORDINANCE
ORDINANCE NO. [  ]

SECTION 1—GENERAL PROVISIONS

1.1  Purpose and Policy

This ordinance sets forth uniform requirements for Users of the Publicly Owned Treatment
Works for the [City of     ] and enables [the City] to comply with all applicable State and
Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 et
seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations
[CFR] Part 403).  The objectives of this ordinance are:

       A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works
       that will interfere with its operation;

       B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works
       that will pass through the Publicly Owned Treatment Works, inadequately treated, into
       receiving waters, or otherwise be incompatible with the Publicly Owned Treatment
       Works;

       C. To protect both Publicly Owned Treatment Works personnel who may be affected by
       wastewater and sludge in the  course of their employment and the general public;

       D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly
       Owned Treatment Works;

       E. {Optional} To provide for fees for the equitable distribution of the cost of operation,
       maintenance, and improvement of the Publicly Owned Treatment Works; and

       F. To enable [the City] to comply with its National Pollutant Discharge Elimination
       System permit conditions, sludge use and disposal requirements, and any other Federal or
       State laws to which the Publicly Owned Treatment Works is subject.

This ordinance shall apply to all Users of the Publicly Owned Treatment Works.  The ordinance
authorizes the issuance of individual  wastewater discharge permits [or general permit {optional}];
provides for monitoring, compliance, and enforcement activities; establishes administrative
review procedures; requires User reporting; [and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein. {Optional} [Note: Not all
programs distribute the cost of the program through fees (some come out of the general budget) so Section 15
may not be applicable to your municipality and indicates that it is optional to have pretreatment charges and
fees.1

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EPA Model Pretreatment Ordinance
1.2  Administration

Except as otherwise provided herein, [the Superintendent] shall administer, implement, and
enforce the provisions of this ordinance.  Any powers granted to or duties imposed upon [the
Superintendent] may be delegated by [the Superintendent] to a duly authorized [City] employee.

1.3  Abbreviations

The following abbreviations, when used in this ordinance, shall have the designated meanings:

BOD - Biochemical Oxygen Demand
BMP - Best Management Practice
BMR - Baseline Monitoring Report
CFR - Code of Federal Regulations
CIU - Categorical Industrial User
COD - Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency
gpd - gallons per day
IU - Industrial User
mg/1 - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
NSCIU - Non-Significant Categorical Industrial User
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIU - Significant Industrial User
SNC - Significant Noncompliance
TSS - Total Suspended Solids
U.S.C.-United States  Code

1.4  Definitions

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
ordinance, shall have the meanings hereinafter designated.

[Note: Each of the terms and phrases defined below are used at least once in the ordinance. When the
municipality adopts its final version of the ordinance, it should delete from this Section all terms not used.]

       A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean
       Water Act, as amended,  33 U.S.C. section 1251 et seq.

       B. Approval Authority.  [Note: Designate the State as the Approval Authority if the State has an
       EPA-approved pretreatment program. Alternatively, designate the appropriate Regional
       Administrator of EPA as the Approval Authority in a nonapproved State.]

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                                                    EPA Model Pretreatment Ordinance
C. Authorized or Duly Authorized Representative of the User.

       (1) If the User is a corporation:

       (a) The president, secretary, treasurer, or a vice-president of the corporation in
       charge of a principal business function, or any other person who performs similar
       policy  or decision-making functions for the corporation; or

       (b) The manager of one or more manufacturing, production, or operating
       facilities, provided the manager is authorized to make management decisions that
       govern the operation of the regulated facility including having the explicit or
       implicit duty of making major capital investment recommendations, and initiate
       and direct other comprehensive measures to assure long-term environmental
       compliance with environmental laws and regulations; can ensure that the
       necessary systems are established or actions taken to gather complete and
       accurate information for individual wastewater discharge permit [or general
       permit {optional}] requirements; and where authority to sign documents has been
       assigned or delegated to the manager in accordance with corporate procedures.

        (2) If the User is a partnership or sole proprietorship: a general partner or
       proprietor, respectively.

       (3) If the User is a Federal, State, or local governmental facility: a director or
       highest official appointed or designated to oversee the operation and performance
       of the activities of the government facility, or their designee.

       (4) The individuals described in paragraphs  1 through 3, above, may designate a
       Duly Authorized Representative if the authorization is in writing, the
       authorization specifies the individual or position responsible for the overall
       operation of the facility from which the discharge originates or having overall
       responsibility for environmental matters for the company, and the written
       authorization is submitted to [the City].

D. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
biochemical oxidation of organic matter under  standard laboratory procedures for five (5)
days at 20 degrees centigrade, usually expressed as  a concentration (e.g., mg/1).

E. Best Management Practices or BMPs means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(l) and (b)]. BMPs include
treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.  [Note:
BMPs also include alternative means (i.e., management plans) of complying with, or in place of
certain established categorical Pretreatment Standards and effluent limits.]

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EPA Model Pretreatment Ordinance
       F.  Categorical Pretreatment Standard or Categorical Standard.  Any regulation
       containing pollutant discharge limits promulgated by EPA in accordance with sections
       307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of
       Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

       G. Categorical Industrial User. An Industrial User subject to a categorical Pretreatment
       Standard or categorical Standard.

       H. [City]. [The City of       ] or [the City Council of     ].

       I.  Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all
       compounds, both organic and inorganic, in water.

       J.  Control Authority. The [City]

       K. Daily Maximum.  The arithmetic average of all effluent samples for a pollutant
       collected during a calendar day.

       L.  Daily Maximum Limit.  The maximum allowable discharge limit of a pollutant
       during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the
       daily discharge is the total mass discharged over the course of the day.  Where Daily
       Maximum Limits are expressed in terms of a concentration, the daily discharge is the
       arithmetic average measurement of the pollutant concentration derived  from all
       measurements taken that day.

       M. Environmental Protection Agency or EPA. The U.S. Environmental Protection
       Agency or, where appropriate, the Regional Water Management Division Director, the
       Regional Administrator, or other duly authorized official of said agency.

       K. Existing Source. Any source of discharge that is not a "New Source."

       L.  Grab Sample.  A sample that is taken from a wastestream without regard to the
       flow in the wastestream and over a period of time not to exceed fifteen  (15) minutes.

       M. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from
       any nondomestic source.

       N. Instantaneous Limit.  The maximum concentration of a pollutant allowed to be
       discharged at any time, determined from the analysis of any discrete or composited
       sample collected, independent of the industrial flow rate and the duration of the sampling
       event. [Note: If the POTW would like the flexibility to measure compliance with either a single grab
       sample or sample representative of the discharge day, the POTW should establish both Daily
       Maximum and Instantaneous Limits.]

       O. Interference. A discharge that, alone or in conjunction with a discharge or discharges
       from other sources, inhibits or disrupts the POTW, its treatment processes or operations
       or its sludge processes, use or disposal; and therefore, is a cause of a violation of [the

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                                                    EPA Model Pretreatment Ordinance
City's] NPDES permit or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions or permits issued
thereunder, or any more stringent State or local regulations:  section 405 of the Act; the
Solid Waste Disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); any State regulations contained in any State
sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal
Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.

P. Local Limit.  Specific discharge limits developed and enforced by [the City] upon
industrial or commercial facilities to implement the general and specific discharge
prohibitions listed in 40 CFR 403.5(a)(l) and (b).

Q.  Medical Waste.  Isolation wastes, infectious agents, human blood and blood products,
pathological wastes,  sharps, body parts, contaminated bedding,  surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.

R.  Monthly Average. The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during that month.

S.  Monthly Average Limit. The highest allowable average of "daily discharges" over a
calendar month, calculated as the sum of all "daily discharges" measured during a
calendar month divided by the number of "daily discharges" measured during that month.

T.  New Source.

       (1) Any building, structure, facility, or installation from which there is (or may
       be) a discharge of pollutants, the construction of which commenced after the
       publication of proposed Pretreatment Standards under section 307(c) of the Act
       that will be applicable to such source if such Standards are thereafter promulgated
       in accordance with that section, provided that:

       (a) The building, structure, facility, or installation is constructed at a site at which
       no other source is located; or
       (b) The building, structure, facility, or installation totally replaces the process or
       production equipment that causes the discharge of pollutants at an Existing
       Source; or
       (c) The production or wastewater generating processes of the building, structure,
       facility, or installation are substantially independent of an Existing Source at the
       same site. In determining whether these are substantially independent, factors
       such as the extent to which the new facility is integrated with the existing plant,
       and the extent to which the new facility is engaged in the same general type of
       activity as the Existing Source, should be considered.

       (2) Construction on a site at which an Existing  Source is located results in a
       modification  rather than a New Source if the construction does not create a new

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EPA Model Pretreatment Ordinance
              building, structure, facility, or installation meeting the criteria of Section (l)(b) or
              (c) above but otherwise alters, replaces, or adds to existing process or production
              equipment.

              (3) Construction of a New Source as defined under this paragraph  has commenced
              if the owner or operator has:

              (a) Begun, or caused to begin, as part of a continuous onsite construction program

                 (i) any placement, assembly, or installation of facilities or equipment; or
                 (ii) significant site preparation work including clearing, excavation, or
                 removal of existing buildings, structures, or facilities which is  necessary for
                 the placement, assembly, or installation of new source facilities or equipment;
                 or

              (b) Entered into a binding contractual obligation for the purchase of facilities or
              equipment which are intended to be used in its operation within a reasonable time.
              Options to purchase or contracts which can be terminated or modified without
              substantial loss, and contracts for feasibility, engineering, and design studies do
              not constitute a contractual obligation under this paragraph.

       U. Noncontact Cooling Water.  Water used for cooling that does not come into direct
       contact with any raw material, intermediate product, waste product, or finished product.

       V. Pass Through.  A discharge which exits the POTW into waters of the United States in
       quantities or concentrations which, alone or in conjunction with a discharge or discharges
       from other sources, is a cause of a violation of any requirement of [the City's] NPDES
       permit, including an increase in the magnitude or duration of a violation.

       W. Person. Any individual,  partnership, copartnership, firm, company, corporation,
       association, joint stock company, trust,  estate, governmental entity, or any other legal
       entity; or their legal representatives, agents, or assigns. This definition includes all
       Federal, State, and local governmental entities.

       X. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

       Y. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
       garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological
       materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
       dirt, municipal, agricultural and industrial wastes,  and certain characteristics of
       wastewater (e.g., pH, temperature, TSS, turbidity,  color, BOD, COD, toxicity, or odor).

       Z. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants,
       or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of,
       introducing such pollutants into the POTW. This reduction or alteration can be obtained
       by physical, chemical, or biological processes; by  process changes; or by other means,

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                                                           EPA Model Pretreatment Ordinance
       except by diluting the concentration of the pollutants unless allowed by an applicable
       Pretreatment Standard.

       AA.  Pretreatment Requirements. Any substantive or procedural requirement related to
       pretreatment imposed on a User, other than a Pretreatment Standard.

       BB.  Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited
       discharge standards, categorical Pretreatment Standards, and Local Limits.

       CC.  Prohibited Discharge Standards or Prohibited Discharges.  Absolute prohibitions
       against the discharge of certain substances; these prohibitions appear in Section 2.1 of
       this ordinance.

       DD.  Publicly Owned Treatment Works or POTW. A treatment works, as defined by
       section 212 of the Act (33 U.S.C. section 1292), which is owned by [the City].  This
       definition includes any  devices or systems used in the collection, storage, treatment,
       recycling, and reclamation of sewage or industrial wastes of a liquid nature and any
       conveyances, which convey wastewater to a treatment plant.

       EE.  Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical
       toilets, campers, trailers, and septic tanks.

       FF. Sewage.  Human excrement and gray water (household showers, dishwashing
       operations,  etc.).

       GG.  Significant Industrial User (SIU).

              Except as provided in paragraphs (3) and (4) of this Section, a Significant
              Industrial User is:

              (1) An Industrial User  subject to categorical Pretreatment Standards; or

              (2) An Industrial User  that:

              (a) Discharges an average of twenty-five thousand (25,000) gpd or more of
              process wastewater to the POTW (excluding sanitary, noncontact cooling and
              boiler blowdown wastewater);
              (b) Contributes a process wastestream which makes up five (5) percent or more of
              the average dry weather hydraulic or organic capacity of the POTW treatment
              plant;  or
              (c) Is designated as such by [the City] on the basis that it has a reasonable
              potential for  adversely affecting the POTW's operation or for violating any
              Pretreatment Standard  or Requirement.

{Optional} [Note: The following provision  may be included in the local ordinances only if authorized under
State law. Criteria for reduced reporting must also include any criteria defined in applicable State
requirements.]

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EPA Model Pretreatment Ordinance
              (3) The [City] may determine that an Industrial User subject to categorical
              Pretreatment Standards is a Non-Significant Categorical Industrial User rather
              than a Significant Industrial User on a finding that the Industrial User never
              discharges more than 100 gallons per day (gpd) of total categorical wastewater
              (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless
              specifically included in the Pretreatment Standard) and the following conditions
              are met:

              (a) The Industrial User, prior to [City's] finding, has consistently complied with
              all applicable categorical Pretreatment Standards and Requirements;
              (b) The Industrial User annually submits the certification statement required in
              Section 6.14 B [see 40 CR403.12(q)], together with any additional information
              necessary to support the certification statement; and
              (c) The Industrial User never discharges any untreated concentrated wastewater.

              (4) Upon a finding that a User meeting the criteria in Subsection (2) of this part
              has no reasonable potential for adversely affecting the POTW's operation or for
              violating any Pretreatment Standard or Requirement, [the City] may at any time,
              on its own initiative or in response to a petition received from an Industrial User,
              and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such
              User should not be considered a Significant Industrial User.

       HH.  Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which
       could cause a violation of the prohibited discharge standards in Section 2.1 of this
       ordinance.  A Slug Discharge is any Discharge of a non-routine, episodic nature,
       including but not limited to an accidental spill or a non-customary batch Discharge,
       which has a reasonable potential to cause Interference or Pass Through, or in any other
       way violate the POTW's regulations, Local Limits or Permit conditions.

       II. Storm Water. Any flow occurring during or following any form of natural
       precipitation, and resulting from such precipitation,  including snowmelt.

       JJ. [Superintendent]. The person designated by [the City] to supervise the operation of
       the POTW, and who is  charged with certain duties and responsibilities by this ordinance.
       The term also means a Duly Authorized Representative  of the [Superintendent].

       KK.  Total Suspended Solids or Suspended Solids.  The total suspended matter that floats
       on the surface of, or is suspended in, water, wastewater, or other liquid, and that is
       removable by laboratory filtering.

       LL. User or Industrial User. A source of indirect discharge.

       MM.  Wastewater. Liquid and water-carried industrial wastes and sewage from
       residential dwellings, commercial buildings, industrial and manufacturing facilities, and
       institutions, whether treated or untreated, which are contributed to the POTW.

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                                                            EPA Model Pretreatment Ordinance
       NN. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which
       is designed to provide treatment of municipal sewage and industrial waste.

SECTION 2—GENERAL SEWER USE REQUIREMENTS

2.1  Prohibited Discharge Standards

       A.  General Prohibitions. No User shall introduce or cause to be introduced into the
       POTW any pollutant or wastewater which causes Pass Through or Interference.  These
       general prohibitions apply to all Users of the POTW whether or not they are subject to
       categorical Pretreatment Standards or any other National, State, or local Pretreatment
       Standards or Requirements.

       B. Specific Prohibitions.  No User shall introduce or cause to be introduced into the
       POTW the following pollutants, substances, or wastewater:

              (1) Pollutants which create a fire or explosive hazard in the POTW, including,
              but not limited to, wastestreams with a closed-cup flashpoint of less than 140
              degrees F (60 degrees C) using the test methods specified in 40  CFR 261.21;

              (2) Wastewater having a pH less than 5.0 [or more than	], or otherwise
              causing corrosive structural damage to the POTW or equipment;

[Note: The municipality should be aware that the General Pretreatment Regulations at 40 CFR 403.5(b) do
not set an upper pH limit, although many municipalities find such a limit necessary or useful. If the
municipality wishes to set an upper pH limit, it should insert one in this Section. 40 CFR 261.22 established
that wastes discharged with a pH over 12.5 are considered corrosive hazardous wastes and therefore, the
POTW would need to comply with applicable requirements under the Resource Conservation and Recovery
Act and implementing regulations for Treatment, Storage, and Disposal facilities if such wastes are delivered
to the POTW by truck, rail, or dedicated pipe. Accordingly, if the POTW chooses to prohibit discharge of
characteristic hazardous wastes, the upper pH limit must be no greater than 12.5.]

              (3) Solid or viscous substances in amounts which will cause obstruction of the
              flow in the POTW resulting in Interference [but in no case solids greater
              than	inch(es)  (	") or	centimeter(s) (	cm) in any
              dimension];

              (4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a
              discharge at a flow rate and/or pollutant concentration which, either singly or by
              interaction with other pollutants, will cause Interference with the POTW;

              (5) Wastewater having a temperature greater than [	degrees F (	degrees
              C)], or which will inhibit biological activity in the treatment plant resulting in
              Interference, but in no case wastewater which causes the temperature at the
              introduction into the  treatment plant to exceed 104 degrees F (40 degrees C);

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EPA Model Pretreatment Ordinance
              (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin,
              in amounts that will cause Interference or Pass Through;

              (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within
              the POTW in a quantity that may cause acute worker health and safety problems;

              (8) Trucked or hauled pollutants,  except at discharge points designated by [the
              Superintendent] in accordance with Section 3.4 of this ordinance;

       {Note: Discharge prohibitions B.(l) through B.(8) are mandatory National Pretreatment Standards
       and must be included in the ordinance; discharge prohibitions B.(9) through B.(18) below are
       optional.}

              (9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
              either singly  or by interaction with other wastes, are sufficient to create a public
              nuisance or a hazard to life, or to  prevent entry into the sewers for maintenance or
              repair; {optional}

              (10) Wastewater which imparts color which cannot be removed by the treatment
              process, such as, but not limited to, dye wastes and vegetable tanning solutions,
              which consequently imparts color to the treatment plant's effluent, thereby
              violating [the City's] NPDES permit; {optional}

              (11) Wastewater containing any radioactive wastes or isotopes except in
              compliance with applicable State or Federal regulations; {optional}

              (12) Storm Water, surface water,  ground water, artesian well water, roof runoff,
              subsurface drainage, swimming pool drainage, condensate, deionized water,
              Noncontact Cooling Water, and unpolluted wastewater, unless specifically
              authorized by [the Superintendent]; {optional}

              (13) Sludges, screenings, or other residues from the pretreatment of industrial
              wastes; {optional}

              (14) Medical Wastes,  except  as specifically  authorized by [the Superintendent] in
              an individual wastewater discharge permit [or a general permit  {optional}];
              {optional}

              (15) Wastewater causing, alone or in conjunction with other sources, the
              treatment plant's effluent to fail toxicity test; {optional}

              (16) Detergents, surface-active agents,  or other substances which that might cause
              excessive foaming in the POTW; {optional}

              (17) Fats, oils, or greases of animal or vegetable origin in concentrations greater
              than [         (    ) mg/1]; [Note:  Numeric limits for these pollutants may be placed in
              Section 2.4]  {optional}
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                                                            EPA Model Pretreatment Ordinance
              (18) Wastewater causing two readings on an explosion hazard meter at the point
              of discharge into the POTW, or at any point in the POTW, of more than [	
              percent (	%)] or any single reading over [	percent (	%)] of the
              Lower Explosive Limit of the meter, {optional}

Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored
in such a manner that they could be discharged to the POTW.

2.2  National Categorical Pretreatment Standards

Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I,
SubchapterN, Parts 405-471.

[Note: State procedures for incorporation by reference must be followed. EPA regulations at 40 CFR 403.13
authorize a CIU to obtain a variance from a categorical Pretreatment Standard if the CIU can prove,
pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when developing the categorical
Pretreatment Standard. The POTW might need to include a provision authorizing it to incorporate or
recognize revised Standards if the User has obtained an FDF variance from EPA on the basis of 40 CFR
403.13. That CIU's Standards would be replaced by the revised FDF variance Standard.]

       A.  Where a categorical Pretreatment Standard is expressed only in  terms of either the
       mass or the  concentration of a pollutant in wastewater, [the Superintendent] may impose
       equivalent concentration or mass limits in accordance with Section  2.2E and 2.2F.
       {Optional} [Note: See 40 CFR403.6(c)]

       B.  When the limits in a categorical Pretreatment Standard are expressed only  in terms of
       mass of pollutant per unit of production, the [Superintendent] may convert the limits to
       equivalent limitations expressed either as mass of pollutant discharged per day or effluent
       concentration for purposes of calculating effluent limitations applicable to individual
       Industrial Users. {Optional} [Note: See 40 CFR 403.6(c)(2)]

       C.  When wastewater subject to a categorical Pretreatment Standard is mixed with
       wastewater not regulated by the same Standard,  [the Superintendent] shall impose an
       alternate limit in accordance with 40 CFR 403.6(e).

       {Optional} [Note: The following provision may be included in the local ordinance at the
       municipality's discretion.]

       D.  A CIU may obtain a net/gross adjustment to  a categorical Pretreatment Standard in
       accordance with the following paragraphs of this Section.  [Note: See 40 CFR 403.15]

              (1) Categorical Pretreatment Standards may be adjusted to reflect the presence  of
              pollutants in the Industrial User's intake water in accordance with this  Section.
              Any Industrial User wishing to obtain credit for intake pollutants must make
              application to the [City]. Upon request of the Industrial User, the applicable
              Standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for
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              pollutants in the intake water) if the requirements of paragraph (2) of this Section
              are met.
              (2) Criteria.
              a.  Either (i) The applicable categorical Pretreatment Standards contained in 40
                 CFR subchapter N specifically provide that they shall be applied on a net
                 basis; or (ii) The Industrial User demonstrates that the control system it
                 proposes or uses to meet applicable categorical Pretreatment Standards would,
                 if properly installed and operated, meet the Standards in the absence of
                 pollutants in the intake waters.
              b.  Credit for generic pollutants such as biochemical oxygen demand (BOD),
                 total suspended solids (TSS), and oil and grease should not be granted unless
                 the Industrial User demonstrates that the constituents of the generic measure
                 in the User's effluent are substantially similar to the constituents of the
                 generic measure in the intake water or unless appropriate additional limits are
                 placed on process water pollutants either at the outfall or elsewhere.
              c.  Credit shall be granted only to the extent necessary to meet the applicable
                 categorical Pretreatment Standard(s), up to a maximum value equal to the
                 influent value. Additional monitoring may be necessary to determine
                 eligibility for credits and compliance with Standard(s) adjusted under this
                 Section.
              d.  Credit shall be granted only if the User demonstrates that the intake water is
                 drawn from the same body of water as that into which the POTW discharges.
                 The [City] may waive this requirement if it finds that no environmental
                 degradation will result.

{Optional} [Note: The following optional provision may be included in the local ordinances only if authorized
under State law.]

       E. When a categorical Pretreatment Standard is expressed only in terms of pollutant
       concentrations, an Industrial User may request that [the City] convert the limits to
       equivalent mass limits. The determination to convert concentration limits to mass limits
       is within the discretion of the [Superintendent].  [The City] may establish equivalent mass
       limits only if the Industrial User meets all the conditions set forth in Sections 2.2E(l)(a)
       through 2.2E(l)(e) below.

              (1) To  be eligible for equivalent mass limits, the Industrial User must:
              a.  Employ, or demonstrate that it will employ, water conservation methods and
                 technologies that substantially reduce water use during the term of its
                 individual wastewater discharge permit;
              b.  Currently use control and treatment technologies adequate to achieve
                 compliance with the applicable categorical Pretreatment Standard, and not
                 have used dilution as a substitute for treatment;
              c.  Provide sufficient information to establish the facility's actual average daily
                 flow rate for all wastestreams, based on data from a continuous effluent flow
                 monitoring device, as well as the facility's long-term average production rate.
                 Both the actual average daily flow rate and the long-term average production
                 rate must be representative of current operating conditions;
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              d.  Not have daily flow rates, production levels, or pollutant levels that vary so
                 significantly that equivalent mass limits are not appropriate to control the
                 Discharge; and
              e.  Have consistently complied with all applicable categorical Pretreatment
                 Standards during the period prior to the Industrial User's request for
                 equivalent mass limits.
              (2) An Industrial User subject to equivalent mass limits must:
              a.  Maintain and effectively operate control and treatment technologies adequate
                 to achieve compliance with the equivalent mass limits;
              b.  Continue to record the facility's flow rates through the use of a continuous
                 effluent flow monitoring device;
              c.  Continue to record the facility's production rates and notify the
                 [Superintendent] whenever production rates are expected to vary by more than
                 20 percent from its baseline production rates determined in paragraph
                 2.2F(l)(c) of this Section. Upon notification of a revised production rate, the
                 [Superintendent] will reassess the equivalent mass limit and revise the limit as
                 necessary to reflect changed conditions at the facility; and
              d.  Continue to employ the same or comparable water conservation methods and
                 technologies as those implemented pursuant to paragraphs 2.2E(l)(a) of this
                 Section so long as it discharges under an equivalent mass limit.

              (3) When developing equivalent mass limits, the [Superintendent]:
              a.  Will calculate the equivalent mass limit by multiplying the actual average
                 daily flow rate of the regulated process(es) of the Industrial User by the
                 concentration-based Daily Maximum and Monthly Average Standard for the
                 applicable categorical Pretreatment Standard and the  appropriate unit
                 conversion factor;
              b.  Upon notification of a revised production rate,  will reassess the equivalent
                 mass limit and recalculate the limit as necessary to reflect changed conditions
                 at the facility; and
              c.  May retain the same equivalent mass limit in subsequent individual
                 wastewater discharger permit terms if the Industrial User's actual average
                 daily flow rate was reduced solely as a result of the implementation of water
                 conservation methods and technologies, and the actual average daily flow
                 rates used in the original calculation of the equivalent mass limit were not
                 based on the use of dilution as a substitute for treatment pursuant to Section
                 2.6.  The Industrial User must also be in compliance with Section 13.3
                 regarding the prohibition of bypass.]

{Optional} [Note: The following optional provisions (F-I) may be included in the  local ordinances only if
authorized under State law.]

       F. [The Superintendent] may  convert the mass limits of the categorical Pretreatment
       Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of
       calculating limitations applicable to individual Industrial Users.  The conversion is at the
       discretion of the [Superintendent].
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       [Note: When converting such limits to concentration limits, the [Superintendent] will use the
       concentrations listed in the applicable subparts of 40 CFR Parts 414,419, and 455 and document that
       dilution is not being substituted for treatment as prohibited by Section 2.6 of this ordinance (see 40
       CFR 403.6(d)).  In addition, the [Superintendent] will document how the equivalent limits were
       derived for any changes from concentration to mass limits, or vice versa, and make this information
       publicly available (see 40 CFR 403.6(c)(7)).]

       G. Once included in its permit, the Industrial User must comply with the equivalent
       limitations developed in this Section (2.2) in lieu of the promulgated categorical
       Standards from which the equivalent limitations were derived.  [Note: See 40 CFR
       403.6(c)(7)]

       H. Many categorical Pretreatment Standards specify  one limit for calculating maximum
       daily discharge limitations and a second limit for calculating maximum Monthly
       Average, or 4-day average, limitations. Where such Standards are being applied, the same
       production or flow figure shall be used in calculating both the average and the maximum
       equivalent limitation. [Note: See 40 CFR 403.6(c)(8)]

       I. Any Industrial User operating under a permit incorporating equivalent mass or
       concentration limits calculated from a production-based Standard shall notify the
       [Superintendent] within two (2) business days after the User has a reasonable basis to
       know that the production level will significantly change within the next calendar month.
       Any User not notifying the [Superintendent] of such  anticipated change will be required
       to meet the mass or concentration limits in its permit that were based on the original
       estimate of the long term  average production rate. [Note:  See 40 CFR 403.6(c)(9)]

2.3   State Pretreatment Standards

Users must comply with [State Pretreatment Standards] codified at [insert appropriate cite to
State statute or law].

2.4   Local Limits

[Note: Municipalities need to establish limits for some or all of the pollutants listed below, and might need to
set limits for pollutants not listed below. The municipality may also establish Best Management Practices
(BMPs) to control certain pollutants. The municipality will provide public notice and an opportunity to
respond to interested parties (40 CFR 403.5(c)(3)).  This requirement applies whether Local Limits are set by
ordinance or on a case-by-case basis.]

       A. The [Superintendent] is authorized to establish Local Limits pursuant to 40 CFR
       403.5(c).

[Note: The municipality may set limits as instantaneous maximums or for other durations (e.g., Daily
Maximum or Monthly Average Limits). The municipality should define these durations in the definition
Section.]

       B. The following pollutant limits are established to protect against Pass Through and
       Interference. No person shall discharge wastewater containing in excess of the following
       [insert the duration, for example Daily Maximum Limit].
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                                                              EPA Model Pretreatment Ordinance
[Note: The approach of charging only for the "excess" loading presumes the standard sewer charges already
provide appropriate payment for concentrations up to domestic strength. Many POTWs establish surcharges
for conventional pollutants amenable to treatment, such as BOD5 and TSS. Ordinances should clearly
distinguish between surcharges and Local Limits. Surcharges are additional charges to recover the cost to
treat wastewater that are typically assessed when discharge concentrations are above defined values, typically
above domestic wastewater. Enforceable Local Limits for conventional pollutants are established where
there is potential for these pollutants to be discharged to the POTW in quantities or concentrations that could
exceed the POTWs plant capacity. When Ills discharge in excess of a Local Limit, they are subject to
enforcement actions.]

       [      ]       mg/1 ammonia
       [      ]       mg/1 arsenic
       [      ]       mg/1 BOD5
       [      ]       mg/1 cadmium
       [      ]       mg/1 chromium
       [      ]       mg/1 copper
       [      ]       mg/1 cyanide
       [      ]       mg/1 lead
       [      ]       mg/1 mercury
       [      ]       mg/1 molybdenum
       [      ]       mg/1 nitrogen (total)
       [      ]       mg/1 nickel
       [      ]       mg/1 oil and/or grease [Note: Oil and/or grease limits should be defined as a
                      polar, nonpolar, or total oil and grease limits.]
       [      ]       mg/1 selenium
       [      ]       mg/1 silver
       [      ]       mg/1 total  phenols
       [      ]       mg/1 total  suspended solids
       [      ]       mg/1 zinc

The above limits apply at the point where the wastewater is discharged to the POTW. All
concentrations for metallic substances are for total metal unless indicated otherwise. [The
Superintendent] may impose  mass limitations in addition to the concentration-based limitations
above.

[Note: For additional information on Local Limits, refer to Local Limits Development Guidance, EPA Office
of Wastewater Management, July 2004, EPA (833-R-04-002A). Available via the Web at
http://www.epa.gov/npdes/pubs/final local limits guidance.pdf and
http://www.epa.gov/npdes/pubs/final local limits appendices.pdfl

{Optional} [Note: The following optional provision may be included in the local ordinances only if authorized
under State law.]

       C. [The Superintendent] may develop Best Management Practices (BMPs), by ordinance
       or in individual wastewater discharge permits [or general permits {optional}], to
       implement Local Limits and the requirements of Section 2.1.
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2.5  [City's] Right of Revision

The [City] reserves the right to establish, by ordinance or in individual wastewater discharge
permits [or in general permits {optional}], more stringent Standards or Requirements on
discharges to the POTW consistent with the purpose of this ordinance.

2.6  Dilution

No User shall ever increase the use of process water, or in any way attempt to dilute a discharge,
as a partial  or complete substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement.
[The Superintendent] may impose mass limitations on Users who are using dilution to meet
applicable Pretreatment Standards or Requirements, or in other cases when the imposition of
mass limitations is appropriate.

SECTION 3—PRETREATMENT OF WASTEWATER

3.1  Pretreatment Facilities

Users shall provide wastewater treatment as necessary to comply with this ordinance and shall
achieve compliance with all categorical Pretreatment Standards, Local Limits, and the
prohibitions set out in Section 2.1 of this ordinance within the time limitations specified by EPA,
the State, or [the Superintendent], whichever is more stringent. Any facilities necessary for
compliance shall be provided, operated, and maintained at the User's expense.  Detailed plans
describing such facilities and operating procedures shall be submitted to [the Superintendent] for
review, and shall be acceptable to [the Superintendent] before such facilities are constructed.
The review of such plans and operating procedures shall in no way relieve the User from the
responsibility of modifying such facilities as necessary to produce a discharge acceptable to [the
City] under the provisions of this ordinance.

3.2  Additi onal Pretreatment Measure s

{Optional}[Note: The following provisions are optional. The municipality may include provisions authorizing
it to do the following.]

       A. Whenever deemed necessary, [the Superintendent] may require Users to restrict their
       discharge during peak flow periods, designate that certain wastewater be discharged only
       into specific sewers, relocate and/or consolidate points of discharge, separate sewage
       wastestreams from industrial wastestreams, and such other conditions as may be
       necessary to protect the POTW and determine the User's compliance with the
       requirements of this ordinance.

       B.  [The Superintendent]  may require any person discharging into the POTW to install
       and maintain, on their property and at their expense, a suitable storage and flow-control
       facility to ensure equalization of flow. An individual wastewater discharge permit [or a
       general permit {optional}]  may be issued solely for flow equalization.
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                                                            EPA Model Pretreatment Ordinance
[Note: The City should modify this Section to conform to design, maintenance, inspection and BMP
requirements for oil and grease control.]

       C. Grease, oil, and sand interceptors shall be provided when, in the opinion of [the
       Superintendent], they are necessary for the proper handling of wastewater containing
       excessive amounts of grease and oil, or sand; except that such interceptors shall not be
       required for residential users. All interception units shall be of a type and capacity
       approved by [the Superintendent],  [shall comply with [the City's Oil and Grease
       Management ordinance (if applicable, cite), and] shall be so located to be easily
       accessible for cleaning and inspection.  Such interceptors shall be inspected, cleaned, and
       repaired [in accordance with [the City's Oil and Grease Management ordinance (if
       applicable, cite)] by the User at their expense.

       D. Users with the potential to discharge flammable substances may be required to install
       and maintain an approved combustible gas detection meter.

3.3  Accidental Discharge/Slug Discharge Control Plans

[The Superintendent] shall  evaluate whether each SIU needs an accidental discharge/slug
discharge control plan  or other action to control Slug Discharges.  [The Superintendent] may
require any User to develop, submit for approval, and implement such a plan or take such other
action that may be necessary to control Slug Discharges.  Alternatively, [the Superintendent]
may develop such a plan for any User. An accidental discharge/slug discharge control plan shall
address, at a minimum, the following:

       A. Description of discharge practices, including nonroutine batch discharges;

       B. Description of stored chemicals;

       C. Procedures for immediately notifying [the Superintendent] of any accidental or Slug
       Discharge, as required by Section 6.6 of this ordinance; and

       D. Procedures to prevent adverse impact from any accidental or Slug Discharge.  Such
       procedures include, but are not limited to, inspection and maintenance of storage areas,
       handling and transfer  of materials,  loading and unloading operations, control of plant site
       runoff, worker training, building of containment structures or equipment, measures for
       containing toxic organic pollutants, including solvents, and/or measures and equipment
       for emergency response.

3.4  Hauled Wastewater

[Note: The municipality will ensure that hauled industrial waste is adequately regulated and should take
measures to ensure that haulers of septic tank waste are not introducing industrial waste to the POTW. The
following is one possible means of regulating hauled waste.]

       A. Septic tank waste may be introduced into the POTW only at locations designated by
       [the  Superintendent], and at such times as are established by [the Superintendent]. Such
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       waste shall not violate Section 2 of this ordinance or any other requirements established
       by [the City]. [The Superintendent] may require septic tank waste haulers to obtain
       individual wastewater discharge permits [or general permits {optional}].

       B. [The Superintendent] may require haulers of industrial waste to obtain individual
       wastewater discharge permits [or general permits {optional}]. [The Superintendent] may
       require generators of hauled industrial waste to obtain individual wastewater discharge
       permits [or general permits {optional}]. [The Superintendent] also  may prohibit the
       disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to
       all other requirements of this ordinance.

       C. Industrial waste haulers may discharge loads only at locations  designated by [the
       Superintendent]. No load may be discharged without prior consent of [the
       Superintendent]. [The Superintendent] may collect samples of each hauled load to ensure
       compliance with applicable Standards. [The Superintendent] may require the industrial
       waste hauler to provide a waste analysis of any load prior to discharge.

       D. Industrial waste haulers must provide a waste-tracking form for every load. This
       form shall include, at a minimum, the name and address of the industrial waste hauler,
       permit number, truck identification, names and addresses of sources of waste, and
       volume and characteristics of waste. The form shall identify the type of industry, known
       or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

SECTION 4—INDIVIDUAL WASTEWATER DISCHARGE PERMITS [and GENERAL
PERMITS {optional}]

[Note: The municipality must control SIUs through individual wastewater discharge [or general {optional}]
permits. Where provided by State law, the Control Authority may establish the authority to use a general
permit where certain conditions listed in Section 4.6 (40 CFR 403.8(f)(l)(iii)) are met]

4.1  Wastewater Analysis

When requested by [the Superintendent], a User must submit information on the nature and
characteristics of its wastewater within [     (  )] days of the request. [The Superintendent] is
authorized to prepare a form for this purpose and may periodically require Users to update this
information.

4.2  Individual Wastewater Discharge Permit [and General Permit {optional}] Requirement

       A. No Significant Industrial User shall discharge wastewater into the POTW without
       first obtaining an individual wastewater discharge permit [or a general permit {optional}]
       from [the Superintendent], except that a Significant Industrial User that has filed a timely
       application pursuant to Section 4.3 of this ordinance may continue to discharge for the
       time period specified therein.
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       B.  [The Superintendent] may require other Users to obtain individual wastewater
       discharge permits [or general permits {optional}] as necessary to carry out the purposes of
       this ordinance.

       C.  Any violation of the terms and conditions of an individual wastewater discharge
       permit [or a general permit {optional}] shall be deemed a violation of this ordinance and
       subjects the wastewater discharge permittee to the sanctions set out in Sections 10
       through 12 of this ordinance.  Obtaining an individual wastewater discharge permit [or a
       general permit {optional}] does not relieve a permittee of its obligation to comply with all
       Federal and State Pretreatment Standards or Requirements or with any other requirements
       of Federal, State, and local law.

4.3  Individual Wastewater Discharge [and General {optional}] Permitting: Existing Connections

Any User required to obtain an individual wastewater discharge permit [or a general permit
{optional}] who was discharging wastewater into the POTW prior to the effective date of this
ordinance and who wishes to continue such discharges in the future, shall, within [	
(	)] days after said date, apply to [the Superintendent] for an individual wastewater discharge
permit [or a general permit {optional}] in accordance with Section  4.5 of this ordinance, and shall
not cause or allow discharges to the POTW to continue after [	(	)] days of the
effective date of this ordinance except in accordance with an individual wastewater discharge
permit [or a general permit {optional}] issued by [the Superintendent].

4.4  Individual Wastewater Discharge [and General {optional}] Permitting: New Connections

Any User required to obtain an individual wastewater discharge permit [or a general permit
{optional}] who proposes to begin or recommence discharging into the POTW must obtain such
permit prior to the beginning or recommencing of such discharge. An application for this
individual wastewater discharge permit [or general permit {optional}], in accordance with Section
4.5 of this ordinance, must be filed at least [	(	)]  days prior to the date upon which
any discharge will begin or recommence.

4.5  Individual Wastewater Discharge [and General {optional}] Permit Application Contents

[Note: This Section lists the information Ills must provide in their application for an individual wastewater
discharge permit or general permit (control mechanism). Permits may be individual wastewater discharge
permits or general permits (See Section 4.6) if allowed by the POTW (Control Authority). POTWs might
want to modify the type of information required in permit applications on the basis of the size and type of IU
and the type of permit (individual wastewater discharge permit vs. general permit.) The list of information to
be submitted in a permit application has been expanded in this version of the model ordinance to include the
new general permit application requirements (40 CFR 403.8(f)(l)(iii)(A)(2)) and to capture the baseline
monitoring report (BMR) information which was previously in Section 6.1B (40 CFR 403.12(b)(l)-(7)). The
BMR Section (6. IB) currently refers back to this (Section 4.5) regarding information that must be submitted
in the BMR]

       A.  All Users required to obtain an individual wastewater discharge permit [or a general
       permit {optional}] must submit a permit application. Users that are eligible may request a
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       general permit under Section 4.6. [The Superintendent] may require Users to submit all
       or some of the following information as part of a permit application:

              (1) Identifying Information.
              a.  The name and address of the facility, including the name of the operator and
                 owner.
              b.  Contact information, description of activities, facilities, and plant production
                 processes on the premises;

              (2) Environmental Permits.  A list of any environmental control permits held by
              or for the facility.

              (3) Description of Operations.
              a.  A brief description of the nature, average rate of production (including each
                 product produced by type,  amount, processes, and rate of production), and
                 standard industrial classifications of the operation(s) carried out by such User.
                  This description should include a schematic process diagram, which indicates
                 points of discharge to the POTW  from the regulated processes.
              b.  Types of wastes generated, and a list of all raw materials and chemicals used
                 or stored at the facility which are, or could accidentally or intentionally be,
                 discharged  to the POTW;
              c.  Number and type  of employees, hours of operation, and proposed or actual
                 hours of operation;
              d.  Type and amount of raw materials processed (average and maximum per day);
              e.  Site plans, floor plans, mechanical and plumbing plans, and details to show all
                 sewers, floor drains, and appurtenances by size, location, and elevation, and
                 all points of discharge;

              (4) Time  and duration of discharges;

              (5) The location for monitoring all wastes covered by the permit;

              (6) Flow Measurement.  Information showing the measured average daily and
              maximum daily flow, in gallons per day, to the POTW from regulated process
              streams and other streams, as necessary, to allow use of the combined
              wastestream formula set out in Section 2.2C (40 CFR 403.6(e)).

              (7) Measurement of Pollutants.
              a.  The categorical Pretreatment Standards applicable to each regulated process
                 and any new categorically  regulated processes for Existing Sources.
              b.  The results of sampling and analysis identifying the nature and concentration,
                 and/or mass, where required by the  Standard or by [the Superintendent], of
                 regulated pollutants in the  discharge from each regulated process.
              c.  Instantaneous, Daily Maximum, and long-term average concentrations, or
                 mass, where required, shall be reported.
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              d.  The sample shall be representative of daily operations and shall be analyzed in
                 accordance with procedures set out in Section 6.10 of this ordinance.  Where
                 the Standard requires compliance with a BMP or pollution prevention
                 alternative, the User shall submit documentation as required by the
                 [Superintendent] or the applicable Standards to determine compliance with the
                 Standard.
              e.  Sampling must be performed in accordance with procedures set out in Section
                 6.11 of this ordinance.

              (8) Any requests for a monitoring waiver (or a renewal of an approved monitoring
              waiver) for a pollutant neither present nor expected to be present in the discharge
              based on Section 6.4 B  [40 CFR 403.12(e)(2)]. {Optional} [Note: This provision is
              required only if the municipality has incorporated Section 6.4B into its ordinance.].

              (9) Any request to be covered by a general permit based on Section 4.6. {Optional}
              [Note: This provision is only required if the municipality has incorporated Section 4.6 into
              its ordinance.]

              (10) Any other information as may be deemed necessary by [the Superintendent]
              to evaluate the permit application.

       B. Incomplete or inaccurate applications will not be processed and will be returned to
       the User for revision.

4.6  Wastewater Discharge Permitting: General Permits {Optional}

[Note: The option to issue  general  permits in lieu of individual permits is available only if
authorized under State law. In such cases, State law may include additional general permit
requirements. See 40 CFR403.8(f)(l)(iii)(A)]

       A. At the discretion of the [Superintendent], the [Superintendent] may use general
       permits to control SIU discharges  to the POTW if the following conditions are met. All
       facilities to be covered by a general permit must:
              (1) Involve the same or substantially similar types of operations;
              (2) Discharge the same types of wastes;
              (3) Require the same effluent limitations;
              (4) Require the same or similar monitoring; and
              (5) In the opinion of the [Superintendent], are more appropriately controlled
              under a general permit than under individual wastewater discharge permits.

       B. To be covered by the general permit, the SIU must file a written request for coverage
       that identifies its contact information, production processes, the types of wastes
       generated, the location for monitoring all wastes covered by the general permit, any
       requests in accordance with Section  6.4 B for a monitoring waiver for a pollutant neither
       present nor expected to be present in the Discharge,  and any other information the POTW
       deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be
       present in the discharge is not effective in the general permit until after the
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       [Superintendent] has provided written notice to the SIU that such a waiver request has
       been granted in accordance with Section 6.4B.

       C.  The [Superintendent] will retain a copy of the general permit, documentation to
       support the POTW's determination that a specific SIU meets the criteria in Section
       4.6A(1) to (5) and applicable State regulations, and a copy of the User's written request
       for coverage for three (3) years after the expiration of the general permit. [Note: See 40
       CFR 403.8(f)(l)(iii)(A)(l) through (5).]

       D.  The [Superintendent] may not control an SIU through a general permit where the
       facility is subject to production-based categorical Pretreatment Standards or categorical
       Pretreatment Standards expressed as mass of pollutant discharged per day or for lUs
       whose limits are based on the Combined Wastestream Formula (Section 2.2C) or
       Net/Gross calculations (Section 2.2 D). [Note: See 40 CFR 403.6(e) and 40 CFR 403.15]

4.7  Application Signatories and Certifications

       A.  All wastewater discharge permit applications, User reports and certification
       statements must be signed by an Authorized Representative of the User and contain the
       certification statement in Section 6.14 A. [Note: Definition of Authorized Representative has
       been revised, see definition at Section 1.4 C]

       B.  If the designation of an Authorized Representative is no longer  accurate because a
       different individual or position has responsibility for the overall operation of the facility
       or overall responsibility for environmental matters for the company, a new written
       authorization satisfying the requirements of this Section must be submitted to [the
       Superintendent] prior to or together with any reports to be signed by an Authorized
       Representative.

{Optional} [Note: The following optional provision is required if the municipality has incorporated Section
1.4GG(3) into its ordinance].

       C.  A facility determined to be a Non-Significant Categorical Industrial User by [the
       Superintendent] pursuant to 1.4 GG(3) must annually submit the signed certification
       statement in Section 6.14 B. [Note: See 40 CFR 403.3(v)(2)]

4.8  Individual Wastewater Discharge [and General {optional}] Permit Decisions

[The Superintendent]  will evaluate the data furnished by the User and may require additional
information.  Within [	(	)] days of receipt of a complete permit application, [the
Superintendent] will determine whether to issue an individual wastewater discharge permit [or a
general permit {optional}].  [The Superintendent] may deny any application for an individual
wastewater discharge permit [or a general permit {optional}].
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SECTION 5—INDIVIDUAL WASTEWATER DISCHARGE [AND GENERAL {optional}]
PERMIT ISSUANCE

5.1  Individual Wastewater Discharge [and General {optional}] Permit Duration

An individual wastewater discharge permit [or a general permit {optional}] shall be issued for a
specified time period, not to exceed five (5) years from the effective date of the permit.  An
individual wastewater discharge permit [or a general permit {optional}] may be issued for a period
less than five (5) years, at the discretion of [the Superintendent]. Each individual wastewater
discharge permit [or a general permit {optional}] will indicate a specific date upon which it will
expire.

5.2  Individual Wastewater Discharge Permit [and General Permit {optional}] Contents

An individual wastewater discharge permit [or a general permit {optional}] shall include such
conditions as are deemed reasonably necessary by [the Superintendent] to prevent Pass Through
or Interference, protect the quality of the water body receiving the treatment plant's effluent,
protect worker health and safety, facilitate sludge management and  disposal, and protect against
damage to the POTW.

       A.  Individual wastewater discharge permits [and general permits {optional}]) must
       contain:

              (1) A statement that indicates the wastewater discharge permit issuance date,
              expiration date and effective date; [Note: See Section 5.1.]

              (2) A statement that the wastewater discharge permit is nontransferable without
              prior notification to [the City] in accordance with Section 5.5 of this  ordinance,
              and provisions for furnishing the new owner or operator with a copy of the
              existing wastewater discharge permit;

              (3) Effluent limits, including Best Management Practices, based on applicable
              Pretreatment Standards; [Note: Required Streamlining Rule Change]

              (4) Self monitoring, sampling, reporting, notification, and record-keeping
              requirements.  These requirements shall include an identification of pollutants (or
              best management practice) to be monitored, sampling location, sampling
              frequency, and sample type based on Federal, State,  and local law.

              (5) The process for seeking a waiver from monitoring for a pollutant neither
              present nor expected to be present in the Discharge in accordance with Section
              6.4 B.  {Optional} [Note:  This provision is required only if the municipality  has
              incorporated Section 6.4B into its ordinance.  Section 4.5A (8) includes an instruction to the
              permittees to include requests for a new (or renewal of an existing) monitoring waiver for a
              pollutant neither present nor expected to be present in the discharge. See 40CFR
              403.12(e)(2).]
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              (6)  A statement of applicable civil and criminal penalties for violation of
              Pretreatment Standards and Requirements, and any applicable compliance
              schedule. Such schedule may not extend the time for compliance beyond that
              required by applicable Federal, State, or local law.

              (7) Requirements to control Slug Discharge, if determined by the
              [Superintendent] to be necessary .[Note: Required Streamlining Rule Change]

              (8) Any grant of the monitoring waiver by the [Superintendent] (Section 6.4 B)
              must be included as a condition in the User's permit [or other control
              mechanism].  {Optional} [Note: This provision is required only if the municipality has
              incorporated Section 6.4B into its ordinance.]

       B. Individual wastewater discharge permits [or general permits {optional}] may contain,
       but need not be limited to, the following conditions:

              (1) Limits on the average and/or maximum rate of discharge, time of discharge,
              and/or requirements for flow regulation and equalization;

              (2) Requirements for the installation of pretreatment technology, pollution
              control, or construction of appropriate containment devices, designed to reduce,
              eliminate, or prevent the introduction of pollutants into the treatment works;

              (3) Requirements for the development and implementation of spill control plans
              or other special conditions including management practices necessary to
              adequately prevent accidental, unanticipated, or nonroutine discharges;

              (4) Development and implementation of waste minimization plans to reduce the
              amount of pollutants discharged to the POTW;

              (5) The unit charge or schedule of User charges and fees for the management of
              the wastewater discharged to the POTW;

              (6) Requirements for installation and maintenance of inspection and sampling
              facilities and equipment, including flow measurement devices;

              (7) A statement that compliance with the individual wastewater discharge permit
              [or the  general permit {optional}] does not relieve the permittee of responsibility
              for compliance with all applicable Federal and State Pretreatment Standards,
              including those which become effective  during the term of the individual
              wastewater discharge permit [or the general permit {optional}]; and

              (8) Other conditions as deemed appropriate by [the Superintendent] to ensure
              compliance with this ordinance, and State and Federal laws, rules, and
              regulations.
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5.3  Permit Issuance Process {optional}

       A. Public Notification. The [Superintendent] will publish [in an official government
       publication and/or newspaper(s) of general circulation that provides meaningful public
       notice with the jurisdiction(s) served by the POTW, or on a Web page], a notice to issue a
       pretreatment permit, at least [	(	) fill in number] days prior to issuance.  The
       notice will indicate a location where the draft permit may be reviewed and an address
       where written comments may be submitted.

       B. Permit Appeals. [The Superintendent] shall provide public notice of the issuance of
       an individual wastewater discharge permit [or a general permit {optional}].  Any person,
       including the User, may petition [the Superintendent] to reconsider the terms of an
       individual wastewater discharge permit [or a general permit {optional}] within [	
       (	) fill in number]  days of notice of its issuance.

             (1) Failure to submit a timely petition for review shall be deemed to be a waiver
             of the administrative appeal.

             (2) In its petition, the appealing party must indicate the individual wastewater
             discharge permit [or a general permit {optional}] provisions objected to, the
             reasons for this objection, and the alternative condition, if any, it seeks to place in
             the individual wastewater discharge permit [or a general permit {optional}].

             (3) The effectiveness of the individual wastewater discharge permit [or a general
             permit {optional}] shall not be stayed pending the appeal.

             (4) If [the Superintendent] fails to act within [	(	)] days, a request for
             reconsideration shall be deemed to be denied. Decisions not to reconsider an
             individual wastewater discharge permit [or a general permit {optional}], not to
             issue an individual wastewater discharge permit [or a general permit {optional}], or
             not to modify an individual wastewater discharge permit [or a general permit
             {optional}] shall be considered final administrative actions for purposes of judicial
             review.

             (5) Aggrieved  parties seeking judicial review of the final administrative
             individual wastewater discharge permit [or general permit {optional}] decision
             must do so by filing a complaint with the [insert name of appropriate  Court] for
             [proper jurisdiction] within [insert appropriate  State Statute of Limitations].

5.4  Permit Modification

       A. [The Superintendent] may modify an individual wastewater discharge permit for good
       cause, including, but not limited to, the following reasons:

             (1) To incorporate any new or revised Federal, State, or local Pretreatment
             Standards or Requirements;
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              (2) To address significant alterations or additions to the User's operation,
              processes, or wastewater volume or character since the time of the individual
              wastewater discharge permit issuance;

              (3) A change in the POTW that requires either a temporary or permanent
              reduction or elimination of the authorized discharge;

              (4) Information indicating that the permitted discharge poses a threat to [the
              City's] POTW, [City] personnel, or the receiving waters; [Note: The Control
              Authority should consider threats to the POTW's beneficial sludge use.]

              (5) Violation of any terms or conditions of the individual wastewater discharge
              permit;

          (6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater
          discharge permit application or in any required reporting;

          (7) Revision of or a grant of variance from categorical Pretreatment  Standards
          pursuant to 40 CFR 403.13;

          (8) To correct typographical or other errors in the individual wastewater discharge
          permit; or

          (9) To reflect a transfer of the facility ownership or operation to a new owner or
          operator where requested in accordance with Section 5.5.

{Optional} [Note: The following provision is optional.  The municipality may include a provision authorizing
it to do the following.]

       B. [The Superintendent] may modify a general permit for good cause, including, but not
       limited to, the following reasons:

          (1) To incorporate any new or revised Federal, State, or local Pretreatment
          Standards or Requirements;

          (2) A change in the POTW that requires either a temporary or permanent
          reduction or elimination of the authorized discharge;

          (3) To correct typographical or other errors in the individual wastewater discharge
          permit; or

          (4) To reflect a transfer of the facility ownership or operation to a new owner or
          operator where requested in accordance with Section 5.5.
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5.5   Individual Wastewater Discharge Permit [and General Permit {optional}] Transfer

Individual wastewater discharge permits [or coverage under general permits {optional}] may be
transferred to a new owner or operator only if the permittee gives at least [	(	)] days
advance notice to [the Superintendent] and [the Superintendent] approves the individual
wastewater discharge permit [or the general permit coverage {optional}] transfer.  The notice to
[the Superintendent]  must include a written certification by the new owner or operator which:

       A.  States that the new owner and/or operator has no immediate intent to change the
       facility's operations and processes;

       B.  Identifies  the specific date on which the transfer is to occur; and

       C.  Acknowledges full responsibility for complying with the existing individual
       wastewater discharge permit [or general permit {optional}].

Failure to provide advance notice of a transfer renders the individual wastewater discharge
permit [or coverage under the general permit {optional}]  void as of the date of facility transfer.

5.6  Individual Wastewater Discharge Permit [and General Permit {optional}] Revocation

[The Superintendent] may revoke an individual wastewater discharge permit [or coverage under
a general permit {optional}] for good cause, including, but not limited to, the following reasons:

       A.  Failure to notify [the Superintendent] of significant changes to the wastewater prior to
       the  changed discharge;

       B.  Failure to provide prior notification to [the Superintendent] of changed conditions
       pursuant to Section 6.5 of this ordinance;

       C.  Misrepresentation or failure to fully disclose all relevant facts in the wastewater
       discharge permit application;

       D.  Falsifying self-monitoring reports and certification statements;

       E.  Tampering with monitoring equipment;

       F. Refusing to allow [the Superintendent] timely access to the facility premises and
       records;

       G.  Failure to meet effluent limitations;

       H.  Failure to pay fines;

       I. Failure to pay sewer charges;
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       J. Failure to meet compliance schedules;

       K.  Failure to complete a wastewater survey or the wastewater discharge permit
       application;

       L.  Failure to provide advance notice of the transfer of business ownership of a permitted
       facility; or

       M. Violation of any Pretreatment Standard or Requirement, or any terms of the
       wastewater discharge permit [or the general permit {optional}] or this ordinance.

Individual wastewater discharge permits [or coverage under general permits {optional}] shall be
voidable upon cessation of operations or transfer of business ownership. All individual
wastewater discharge permits [or general permits {optional}] issued to a User are void upon the
issuance of a new individual wastewater discharge permit [or a general permit {optional}] to that
User.

5.7  Individual Wastewater Discharge Permit [and General Permit {optional}] Reissuance

A User with an expiring individual wastewater discharge permit [or general permit {optional}]
shall apply for individual wastewater discharge permit [or general permit {optional}] reissuance
by submitting a complete permit application, in accordance with Section 4.5 of this ordinance, a
minimum of [	(	)] days prior to the expiration of the User's existing individual
wastewater discharge permit [or general permit {optional}].

5.8  Regulation of Waste Received from Other Jurisdictions

[Note: The municipality must ensure that discharges received from entities outside its jurisdictional
boundaries are regulated to the same extent as are discharges from within its jurisdictional boundaries. How
a municipality regulates such discharges largely will be determined by what is allowed under its State law.
The municipality must determine the extent of its authority under State law to regulate Users located outside
its jurisdictional boundaries.  If the municipality does not have the legal authority to issue enforceable
permits directly to extrajurisdictional dischargers and cannot obtain this authority under State law, it should
strongly consider entering into an agreement with the municipality in which the dischargers are located. The
agreement would require that the contributing municipality either regulate the dischargers within its
jurisdiction directly or allow the municipality (in which the POTW is located) to regulate such dischargers.
Following is one possible means of regulating dischargers located outside the municipality's jurisdictional
boundaries.]

       A.  If another municipality, or User located within another municipality, contributes
       wastewater to the POTW, [the Superintendent] shall enter  into an intermunicipal
       agreement with the contributing municipality.

       B.  Prior to entering into an agreement required by paragraph A, above, [the
       Superintendent] shall request the following information from the contributing
       municipality:
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              (1) A description of the quality and volume of wastewater discharged to the
              POTW by the contributing municipality;

              (2) An inventory of all Users located within the contributing municipality that are
              discharging to the POTW; and

              (3) Such other information as [the Superintendent] may deem necessary.

       C. An intermunicipal agreement, as required by paragraph A, above, shall contain the
       following conditions:

              (1) A requirement for the contributing municipality to adopt a sewer use
              ordinance which is at least as stringent as this ordinance and Local Limits,
              including required Baseline Monitoring Reports (BMRs) which are at least as
              stringent as those set out in Section 2.4 of this ordinance.  The requirement shall
              specify that such ordinance and limits  must be revised as necessary to reflect
              changes made to [the City's] ordinance or Local Limits;

              (2) A requirement for the contributing municipality to submit a revised User
              inventory on at least  an annual basis;

              (3) A provision specifying which pretreatment implementation activities,
              including individual wastewater discharge permit [or general permit {optional}]
              issuance, inspection and sampling, and enforcement, will be conducted by the
              contributing municipality; which of these activities will be conducted by  [the
              Superintendent]; and which of these activities will be conducted jointly by the
              contributing municipality and [the Superintendent];

              (4) A requirement for the contributing municipality to provide [the
              Superintendent] with access to all information that the contributing municipality
              obtains as part of its pretreatment  activities;

              (5) Limits on the nature, quality, and volume of the contributing municipality's
              wastewater at the point where it discharges to the POTW;

              (6) Requirements for monitoring the contributing municipality's discharge;

              (7) A provision ensuring [the Superintendent] access to the facilities of Users
              located within the contributing municipality's jurisdictional boundaries for the
              purpose of inspection, sampling, and any other duties deemed necessary by [the
              Superintendent]; and

              (8) A provision specifying remedies available for breach of the terms of the
              intermunicipal agreement.

[Note: Where the contributing municipality has primary responsibility for permitting, compliance
monitoring, or enforcement, the intermunicipal agreement should specify that the municipality (in which the
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POTW is located) has the right to take action to enforce the terms of the contributing municipality's
ordinance or to impose and enforce Pretreatment Standards and Requirements directly against dischargers
in the event the contributing jurisdiction is unable or unwilling to take such action.]

SECTION 6—REPORTING REQUIREMENTS

6.1  Baseline Monitoring Reports

[Note: Users that become subject to new or revised categorical Pretreatment Standards are required to
comply with the following reporting requirements even if they have been designated as Non-Significant
Categorical Industrial Users]

       A. Within either one hundred eighty (180) days after the effective date of a categorical
       Pretreatment Standard, or the final administrative decision on a category determination
       under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users
       currently discharging to or scheduled to discharge to the POTW shall submit to [the
       Superintendent] a report which contains the information listed in paragraph B, below.  At
       least ninety (90) days prior to commencement of their discharge, New Sources, and
       sources that become Categorical Industrial Users subsequent to the promulgation of an
       applicable categorical Standard, shall submit to [the Superintendent] a report which
       contains the information listed in paragraph B, below. A New Source shall report the
       method of pretreatment it intends to use to meet applicable categorical Standards.  A New
       Source also shall give estimates of its anticipated flow and quantity of pollutants to be
       discharged.

       B. Users described above shall  submit the information set forth below.

              (1) All information required in Section 4.5A (1) (a),  Section 4.5A (2), Section
              4.5A (3) (a), and Section 4.5A (6).  [Note: See 40 CFR 403.12(b)(l)-(7)]

              (2) Measurement of pollutants.
              a.  The User shall provide the information required in Section 4.5 A (7) (a)
                 through (d).
              b.  The User shall take a minimum of one representative sample to compile that
                 data necessary to comply with the requirements of this paragraph.
              c.  Samples should be taken immediately downstream from pretreatment facilities
                 if such exist or immediately downstream from the regulated process if no
                 pretreatment exists. If other wastewaters are  mixed with the regulated
                 wastewater prior to pretreatment the User should measure the flows and
                 concentrations necessary to allow use of the  combined wastestream formula in
                 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards.
                 Where an alternate concentration or mass limit has been calculated in
                 accordance with 40 CFR 403.6(e) this adjusted limit along with supporting
                 data shall be submitted to the Control Authority;
              d.  Sampling and analysis shall be performed in accordance with Section 6.10;
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              e.  The [Superintendent] may allow the submission of a baseline report which
                 utilizes only historical data so long as the data provides information sufficient
                 to determine the need for industrial pretreatment measures;
              f  The baseline report shall indicate the time, date and place of sampling and
                 methods of analysis, and shall certify that such sampling and analysis is
                 representative of normal work cycles and expected pollutant Discharges to the
                 POTW.

              (3) Compliance Certification. A statement, reviewed by the User's Authorized
              Representative as defined in Section 1.4 C  and certified by a qualified
              professional, indicating whether Pretreatment Standards are being met on a
              consistent basis, and, if not, whether additional operation and maintenance
              (O&M) and/or additional pretreatment is required to meet the Pretreatment
              Standards and Requirements.

              (4) Compliance Schedule. If additional pretreatment and/or O&M will be
              required to meet the Pretreatment Standards, the shortest schedule by which the
              User will provide such additional pretreatment and/or O&M must be provided.
              The completion date in this schedule shall not be later than the compliance date
              established for the applicable Pretreatment Standard. A compliance schedule
              pursuant to this Section must meet the requirements set out in Section 6.2 of this
              ordinance.

              (5) Signature and Report Certification. All baseline monitoring reports must be
              certified in accordance with  Section 6.14 A of this ordinance and signed by an
              Authorized Representative as defined in Section 1.4C.

6.2  Compliance Schedule Progress Reports

The following conditions shall apply to the compliance schedule required by Section
6.1(B)(4) of this ordinance:

       A. The schedule shall contain progress increments in the form of dates for the
       commencement and completion of major events leading to the construction and operation
       of additional pretreatment required for the User to meet the applicable Pretreatment
       Standards (such events include, but  are not limited to, hiring an engineer, completing
       preliminary and final plans, executing contracts for major components, commencing and
       completing construction, and beginning and conducting routine operation);

       B. No increment referred to above shall exceed nine (9) months;

       C. The User shall submit a progress report to [the Superintendent] no later than fourteen
       (14) days following each date in the schedule and the final date of compliance including,
       as a minimum, whether or not it complied with the increment of progress, the reason for
       any delay, and, if appropriate, the steps being taken by the User to return to the
       established schedule; and
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       D. In no event shall more than nine (9) months elapse between such progress reports to
       [the Superintendent].

6.3  Reports on Compliance with Categorical Pretreatment Standard Deadline

Within ninety (90) days following the date for final compliance with applicable categorical
Pretreatment Standards, or in the case of a New Source following commencement of the
introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and
Requirements shall submit to [the Superintendent] a report containing the information described
in Section 4.5A(6) and (7) and 6.1(B)(2) of this ordinance. For Users  subject to equivalent mass
or concentration limits established in accordance with the procedures in Section 2.2 [Note: See 40
CFR403.6(c)], this report shall contain a reasonable measure of the User's long-term production
rate. For all other 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. All
compliance reports must be signed and certified in accordance with Section 6.14 A of this
ordinance. All sampling will be done in conformance with Section 6.11.

6.4  Periodic Compliance Reports

[Note: All SIUs are required to submit periodic compliance reports even if they have been
designated a Non-Significant Categorical Industrial User under the provisions of Section 6.4 C.]

       A. Except as specified in Section 6.4.C, all [Significant Industrial] Users must, at a
       frequency determined by [the Superintendent] submit no less than twice per year (June
       and December [or on dates specified]) reports indicating the nature, concentration of
       pollutants in the discharge which are limited by Pretreatment Standards and the measured
       or estimated average and maximum daily flows for the reporting period. In cases where
       the Pretreatment Standard requires compliance with a Best Management Practice (BMP)
       or pollution prevention alternative, the User must submit documentation required by [the
       Superintendent] or the Pretreatment Standard necessary to determine the compliance
       Status of the User [Note: Required Streamlining Rule Change].

    {Optional} [Note: The following optional provision may be included in the local ordinances only if
    authorized under State law. Criteria for monitoring waivers must also include any criteria defined in
    applicable State law requirements.]

       B. The [City] may authorize an Industrial User subject to a categorical Pretreatment
       Standard to forego sampling of a pollutant regulated by a categorical Pretreatment
       Standard if the Industrial User has demonstrated through sampling and other technical
       factors that the pollutant is neither present nor expected to be present in the Discharge, or
       is present only at background levels from intake water and without any increase in the
       pollutant due to activities of the Industrial User, [see 40 CFR 403.12(e)(2)] This
       authorization is subject to the following conditions:
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              (1) The waiver may be authorized where a pollutant is determined to be present
              solely due to sanitary wastewater discharged from the facility provided that the
              sanitary wastewater is not regulated by an applicable categorical Standard and
              otherwise includes no process wastewater.

              (2) The monitoring waiver is valid only for the duration of the effective period of
              the individual wastewater discharge permit, but in no case longer than 5 years.
              The User must submit a new request for the waiver before the waiver can be
              granted for each subsequent individual wastewater discharge permit. See Section
              4.5A(8).

              (3) In making a demonstration that a pollutant is not present, the Industrial User
              must provide data from at least one sampling of the facility's process wastewater
              prior to any treatment present at the facility that is representative of all wastewater
              from all processes.

              (4) The request for a monitoring waiver must be signed in accordance with
              Section 1.4C, and include the  certification statement in 6.14 A (40 CFR
              403.6(a)(2)(ii)).

              (5) Non-detectable sample results may be used only as a demonstration that a
              pollutant is not present if the EPA approved method from 40 CFR Part 136 with
              the lowest minimum detection level for that pollutant was used in the analysis.

              (6) Any grant of the monitoring waiver by the [Superintendent] must be included
              as a condition in the User's permit. The reasons supporting the waiver and any
              information submitted by the User in its request for the waiver must be
              maintained by the [Superintendent] for 3 years after expiration of the waiver.

              (7) Upon approval of the monitoring waiver and revision of the User's permit by
              the [Superintendent], the Industrial User must certify on each report with the
              statement in Section 6.14 C below, that there has been no increase in the pollutant
              in its wastestream due to activities of the Industrial User.

              (8) In the event that a waived pollutant is found to be present or is expected to be
              present because of changes that occur in the User's operations, the User must
              immediately: Comply with the monitoring requirements of Section 6.4 A, or  other
              more frequent monitoring requirements imposed by the [Superintendent], and
              notify the [Superintendent].

              (9) This provision does not supersede certification processes and requirements
              established in categorical Pretreatment Standards, except as otherwise specified in
              the categorical Pretreatment Standard.

[{Optional} Note: The following optional provision may be included in the local ordinances only if authorized
under State law. Criteria for reduced reporting must also include any criteria defined in applicable State
law.]
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       C. The [City] may reduce the requirement for periodic compliance reports [see Section
       6.4 A (40 CFR 403.12(e)(l))] to a requirement to report no less frequently than once a
       year, unless required more frequently in the Pretreatment Standard or by the [EPA/State],
       where the Industrial User's total categorical wastewater flow does not exceed any of the
       following:

              (1) [insert POTW's value for 0.01 percent of the POTW's design dry-weather
              hydraulic capacity of the POTW], or five thousand (5,000) gallons per day,
              whichever is smaller, as measured by a continuous effluent flow monitoring
              device unless the Industrial User discharges in batches]

              (2) [insert POTW's value for 0.01 percent of the design dry-weather organic
              treatment capacity of the POTW]; and

              (3) [Insert POTW's value for 0.01 percent of the maximum allowable headworks
              loading for any pollutant regulated by the applicable categorical Pretreatment
              Standard for which approved Local Limits were developed in accordance with
              Section 2.4 of this ordinance.]  [Note: For example, if the POTW's maximum allowable
              headworks loading for copper is 5 pounds, then 0.01 percent would be 0.0005 pounds; the
              POTW would need to do this calculation for each pollutant for which it has approved Local
              Limits.]

       Reduced reporting is not available to Industrial Users that have in the last two (2) years
       been in Significant Noncompliance, as defined in Section 9 of this ordinance.  In
       addition, reduced reporting is not available to an Industrial User with daily flow rates,
       production levels, or pollutant levels that vary so significantly that, in the opinion of the
       [Superintendent], decreasing the reporting requirement for this Industrial User would
       result in data that are not representative of conditions occurring during the reporting
       period.

       D. All periodic compliance reports must be signed and certified in accordance with
       Section 6.14 A of this  ordinance.

       E. All wastewater samples must be representative of the User's discharge. Wastewater
       monitoring and flow measurement facilities shall be properly operated,  kept clean, and
       maintained in good working  order at all times. The failure of a User to  keep its
       monitoring facility in good working order shall not be grounds for the User to claim that
       sample results are unrepresentative of its discharge. [Note: This paragraph supports the
       Required Streamlining Rule Changes.]

       F. If a User subject to the reporting requirement in this section monitors any regulated
       pollutant at the appropriate sampling location more frequently than required by [the
       Superintendent], using the procedures prescribed in Section 6.11  of this ordinance, the
       results of this monitoring shall be included in the report. [Note: See 40 CFR 403.12(g)(6)]
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{Optional} [Note: The following optional provision may be included in the local ordinances only where the
POTW has been authorized by EPA to accept electronic reports from its Ills and State law authorizes it]

       G. Users that send electronic (digital) documents to [the City] to satisfy the requirements
       of this Section must: [specify POTW requirements for IU submittal of electronic reports
       here.  [Note: POTWs that choose to receive electronic documents must satisfy the requirements of
       40 CFR Part 3—(Electronic reporting)]

6.5  Reports of Changed Conditions

Each User must notify [the Superintendent] of any significant changes to the User's operations or
system which might alter the nature, quality, or volume of its wastewater at least [	
(	)] days before the change.

       A. [The Superintendent] may require the User to submit such information as may be
          deemed necessary to evaluate the changed condition, including the submission  of a
          wastewater discharge permit application under Section 4.5 of this ordinance.

       B. [The Superintendent] may issue an individual wastewater discharge permit [or a
          general permit {optional}] under Section 5.7 of this ordinance or modify  an existing
          wastewater discharge permit [or a general permit {optional}] under Section 5.4 of this
          ordinance in response to changed conditions or anticipated changed conditions.

6.6  Reports of Potential Problems

       A. In the case of any discharge, including, but not limited to, accidental discharges,
       discharges  of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug
       Discharge or Slug Load, that might cause potential problems for the POTW, the User
       shall immediately telephone and notify [the Superintendent] of the incident. This
       notification shall include the location of the discharge, type of waste, concentration and
       volume, if known, and  corrective actions taken by the User.

       B. Within five (5) days following such discharge, the User shall, unless waived by [the
       Superintendent], submit a detailed written report describing the cause(s) of the discharge
       and the measures to be  taken by the User to prevent similar future occurrences.  Such
       notification shall not relieve the User of any expense, loss, damage, or other liability
       which might be incurred as a result of damage to the POTW, natural resources,  or any
       other damage to person or property; nor shall such notification relieve the User  of any
       fines, penalties, or other liability which may be imposed pursuant to this ordinance.
       {Optional} [Note: This report is not required under the General Pretreatment Regulations and,
       therefore, is optional.]

       C. A notice shall be permanently posted on the User's bulletin board or other prominent
       place advising employees who to call in the event of a discharge described in paragraph
       A, above.  Employers shall ensure that all employees, who could cause such a discharge
       to occur, are advised of the emergency notification procedure.
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       D. Significant Industrial Users are required to notify the [Superintendent] immediately of
       any changes at its facility affecting the potential for a Slug Discharge.  [Note: Required
       Streamlining Rule Change]

6.7  Reports from Unpermitted Users

All Users not required to obtain an individual wastewater discharge permit [or general permit
{optional}] shall provide appropriate reports to [the Superintendent] as [the Superintendent] may
require.

6.8  Notice of Violation/Repeat Sampling and Reporting

If sampling performed by a User indicates a violation, the User must notify [the Superintendent]
within twenty-four (24) 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 Superintendent] within
thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not
required if [the City] performs sampling at the User's facility at least once a month, or if [the
City] performs sampling at the User between the time when the initial sampling was conducted
and the time when the User or [the City] receives the results of this sampling,  or if [the City] has
performed the sampling and analysis in lieu of the Industrial User.

.[Note: Required Streamlining Rule Change needed if POTWperforms sampling in lieu of the Industrial Users.
If the City performed the sampling and analysis in lieu of the Industrial User, the City will perform the
repeat sampling and analysis unless it notifies the User of the violation and requires the  User to perform the
repeat sampling and analysis. See 40 CFR 403.12(g) (2).]

6.9  Notification of the Discharge of Hazardous Waste

[Note: The municipality may choose to prohibit the discharge of hazardous wastes.]

       A. Any User who commences the discharge of hazardous waste shall  notify the POTW,
       the EPA Regional Waste Management Division Director, and State hazardous waste
       authorities, 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.  Such notification must
       include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA
       hazardous waste number, and the type of discharge (continuous, batch, or other).  If the
       User discharges more than one hundred (100) kilograms of such waste per calendar
       month to the POTW, the notification also  shall contain the following information to the
       extent such information is known and readily available to the User: an identification of
       the hazardous constituents contained in the wastes, an estimation of the mass and
       concentration of such constituents in the wastestream discharged during that calendar
       month, and an estimation of the  mass of constituents in the wastestream  expected to be
       discharged during the following twelve (12) months. All notifications must take place no
       later than one hundred and eighty (180) days after the discharge commences. Any
       notification under this paragraph need be submitted only once for each hazardous waste
       discharged.  However, notifications of changed conditions must be submitted under
       Section 6.5 of this ordinance.  The notification requirement in this Section does not apply
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       to pollutants already reported by Users subject to categorical Pretreatment Standards
       under the self-monitoring requirements of Sections 6.1, 6.3, and 6.4 of this ordinance.

       B. Dischargers are exempt from the requirements of paragraph A, above, during a
       calendar month in which they discharge no more than fifteen (15) kilograms of
       hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR
       261.30(d) and 261.33(e).  Discharge of more than fifteen (15) kilograms of nonacute
       hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as
       specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.
       Subsequent months during which the User discharges more than such quantities of any
       hazardous waste do not require additional notification.

       C. In the case of any new regulations under section 3001 of RCRA identifying additional
       characteristics of hazardous waste or listing any additional substance as a hazardous
       waste, the User must notify [the Superintendent], the EPA Regional Waste Management
       Waste Division Director,  and State hazardous waste authorities of the discharge of such
       substance within ninety (90) days of the effective date of such regulations.

       D. In the case of any notification made under this Section, the User shall certify that it
       has a program in place to  reduce the volume and toxicity of hazardous wastes generated
       to the degree it has determined to be economically practical.

       E. This provision does not create a right to discharge any substance not otherwise
       permitted to be  discharged by this ordinance, a permit issued thereunder, or any
       applicable Federal or State law.

6.10 Analytical Requirements

All pollutant analyses, including  sampling techniques, to be submitted as part of a wastewater
discharge permit application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an
applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA determines that the Part 136
sampling and analytical techniques are inappropriate for the pollutant in  question, sampling and
analyses shall be performed by using validated analytical methods or any other applicable
sampling and analytical procedures, including procedures suggested by the [Superintendent] or
other parties approved by EPA.

6.11 Sample Collection

Samples collected to satisfy reporting requirements must be based on data obtained through
appropriate sampling and analysis performed during the period covered by the report, based on
data that is representative of conditions occurring during the reporting period. [Note: The Control
Authority is require to indicate the frequency of monitoring necessary to assess and assure compliance by the
User with applicable Pretreatment Standards and Requirements.]
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[Note: In the Streamlining Rule changes, Paragraphs A and B below have been deleted from 40 CFR
403.12(b)(5) and added to 403.12(g)(3). The original paragraphs relate to Categorical Industrial User
monitoring reports only while the relocated paragraphs apply to all SIU monitoring.]

       A. Except as indicated in Section B and C below, the User must collect wastewater
       samples using 24-hour flow-proportional composite sampling techniques, unless
       time-proportional composite sampling or grab sampling is authorized by [the
       Superintendent]. Where time-proportional composite sampling or grab sampling is
       authorized by [the City], the samples must be representative of the discharge. Using
       protocols (including appropriate preservation) specified in 40 CFR Part  136 and
       appropriate EPA guidance, multiple grab samples collected during a 24-hour period may
       be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the
       samples may be composited in the laboratory or in the field; for volatile organics and oil
       and grease, the samples may be composited in the laboratory. Composite samples for
       other parameters unaffected by the compositing procedures as documented in approved
       EPA methodologies may be authorized by [the City], as appropriate. In addition, grab
       samples may be required to show compliance with Instantaneous Limits. [Note: Required
       Streamlining Rule Change. See 40 CFR 403.12(g)(3)]

       B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and
       volatile organic compounds must be obtained using grab collection techniques.

       C. For sampling required in support of baseline monitoring and 90-day  compliance
       reports required in Section 6.1 and 6.3 [40 CFR 403.12(b) and (d)], a minimum of four
       (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and
       volatile organic compounds for facilities for which historical sampling data do not exist;
       for facilities for which historical sampling data are available, [the Superintendent] may
       authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR
       403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab
       samples necessary to assess and assure compliance by with applicable Pretreatment
       Standards and Requirements. [Note: Required Streamlining Rule Change, see 40 CFR
       403.12(g)(4).]

6.12 Date of Receipt of Reports

Written reports will be deemed to have been submitted on the date postmarked. For reports,
which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal
Service, the date of receipt of the report shall govern.

6.13 Recordkeeping

Users subject to the reporting requirements of this ordinance shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities
required by this ordinance, any additional records of information obtained pursuant to
monitoring activities undertaken by the User independent of such requirements, and
documentation associated with Best Management Practices established under Section 2.4 C.
Records shall include the date, exact place, method, and time of sampling, and the name of the
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person(s) taking the samples; the dates analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such analyses.  These records shall
remain available for a period of at least three (3) years.  This period shall be automatically
extended for the duration of any litigation concerning the User or [the City], or where the User
has been specifically notified of a longer retention period by [the Superintendent]. [Note: The
recordkeeping requirements for BMPs are a Required Streamlining Rule Change.]

6.14   Certification Statements

[Note:  This Section has been modified to consolidate the certification statements previously listed elsewhere.
Section 4.7A&C—Certification of all wastewater discharge permit applications, and User reports and annual
certification of NSCIUs, Section 6.4B(4)—"initial" certification for pollutants not present, Section 6.4B (7)—
Certification of periodic reports of pollutants not present, Section 6.4D—Certification of all periodic
compliance reports.]

[Note: 40 CFR 403.12 (1) requires that the certification which follows be provided for IU Baseline Monitoring
Reports (BMRs) (403.12(b), IU Reports on  Compliance with Categorical Pretreatment Standards Deadline
(90-day compliance report) (403.12(d), CIU Periodic Reports on Continued Compliance (403.12(e)) and the
initial request from CIUs to forego Monitoring for Pollutants Not Present. In addition to CIUs, the model
ordinance requires this certification statement for all wastewater discharge permit applications and User
reports. Furthermore, the POTW should require this certification statement for all noncategorical SIU
compliance reports.]

       A.  Certification of Permit Applications, User Reports  and Initial Monitoring Waiver—
       The following certification statement is required to be signed and submitted by Users
       submitting permit applications in accordance with Section 4.7; Users submitting baseline
       monitoring reports under Section 6.1 B (5) [Note: See 40 CFR 403.12 (1)]; Users submitting
       reports on compliance with the categorical Pretreatment Standard deadlines under Section
       6.3 [Note: See 40 CFR403.12(d)];  Users submitting periodic compliance reports required by
       Section 6.4 A-D [Note:  See 40 CFR 403.12(e) and (h)], and Users submitting an initial request
       to forego sampling of a pollutant on the basis of Section  6.4B(4)[Note: See 40 CFR
       403.12(e)(2)(iii)]. The following certification statement must be signed by an Authorized
       Representative as defined in Section 1.4 C:

              I certify under penalty of law that this document and all attachments were
              prepared under my direction or supervision in accordance with a system designed
              to assure that qualified  personnel  properly gather and evaluate the information
              submitted.  Based on my inquiry of the person or persons who manage the system,
              or those persons directly responsible for gathering the information, the
              information submitted is, to the best of my knowledge and belief, true, accurate,
              and complete. I am aware that there are significant penalties for submitting false
              information, including the possibility of fine and imprisonment for knowing
              violations.

{Optional} [Note: The following optional provision is required if the municipality has incorporated Section
1.4 GG(3) into its ordinance].

       B.  Annual Certification for Non-Significant Categorical Industrial Users—A  facility
       determined to be a Non-Significant Categorical Industrial User by [the Superintendent]
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       pursuant to 1.4 GG(3)  and 4.7 C [Note: See 40 CFR 403.3(v)(2)] must annually submit the
       following certification statement signed in accordance with the signatory requirements in
       1.4 C [Note: See 40 CFR 403.120(1)].  This certification must accompany an alternative report
       required by [the  Superintendent]:

              Based on my inquiry of the person or persons directly responsible for
              managing compliance with the categorical Pretreatment Standards under
              40 CFR	, I certify that, to the best of my knowledge and belief that
              during the period from	,	to	,	
              [months, days, year]:

              (a) The facility described as	
              [facility name] met the definition of a Non-Significant Categorical
              Industrial User as described in 1.4 GG (3); [Note: See 40 CFR 403.3(v)(2)]

              (b) The facility complied with all applicable Pretreatment Standards and
              requirements during this reporting period; and (c) the facility never
              discharged more than 100 gallons of total categorical wastewater on any
              given day during this reporting period.

              This compliance certification is based on the following information.
{Optional} [Note: The following optional provision is required if the municipality has incorporated Section
6.4 B into its ordinance].

       C. Certification of Pollutants Not Present

       Users that have an approved monitoring waiver based on Section 6.4 B must certify on
       each report with the following statement that there has been no increase in the pollutant
       in its wastestream due to activities of the User. [Note: See 40 CFR 403.12(e)(2)(v)]

              Based on my inquiry of the person or persons directly responsible for managing
              compliance with the Pretreatment Standard for 40 CFR	[specify
              applicable National Pretreatment Standard part(s)], I certify that, to the best of my
              knowledge and belief, there has been no increase in the level of	[list
              pollutant(s)] in the wastewaters due to the activities at the facility since filing of
              the last periodic report under Section 6.4. A.
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                                                            EPA Model Pretreatment Ordinance
SECTION 7—COMPLIANCE MONITORING

7.1  Right of Entry:  Inspection and Sampling

[The Superintendent] shall have the right to enter the premises of any User to determine whether
the User is complying with all requirements of this ordinance and any individual wastewater
discharge permit [or general permit {optional}] or order issued hereunder. Users shall allow [the
Superintendent] ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of any additional duties.

       A.  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
       Superintendent] shall be permitted to enter without delay for the purposes of performing
       specific responsibilities.

       B.  [The 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.

       C.  [The 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 [insert desired
       frequency] to ensure their accuracy.

       D.  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 Superintendent] and shall not be replaced.  The costs of clearing such
       access shall be born by the User.

       E. Unreasonable delays in allowing [the Superintendent] access to the User's premises
       shall be a violation of this ordinance.

[Note: POTWs should consider situations when the monitoring facility is constructed in the public right-of-
way or easement, in an unobstructed location. The ordinance should indicate that the location of the
monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling
and preparation of samples and analysis and whether constructed on public or private property, the
monitoring facilities should be provided in accordance with the [Supervisor's] requirements and all
applicable local construction standards and specifications, and such facilities shall be constructed and
maintained in such manner so as to enable the [Supervisor] to perform independent monitoring activities.]
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7.2    Search Warrants

[Note: The specific process by which search warrants may be issued will vary from City to City. The
procedure will likely be a matter of State law. This provision will need to be adjusted based on the particular
procedure followed in that State and City.]

If [the Superintendent] has been refused access to a building, structure, or property, or any part
thereof, and is able to demonstrate probable cause to believe that there may be a violation of this
ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and
sampling program of [the City] designed to verify compliance with this ordinance or any permit
or order issued hereunder, or to protect the overall public health, safety and welfare of the
community, [the Superintendent] may seek issuance of a search warrant from the [insert name of
appropriate Court] of [the City or State].

SECTION 8—CONFIDENTIAL INFORMATION

Information and data on a User obtained from reports, surveys, wastewater discharge permit
applications, individual wastewater discharge permits, [general permits, {optional}] and
monitoring programs, and from [the Superintendent's] inspection and sampling activities, shall
be available to the public without restriction, unless the User specifically requests, and is able to
demonstrate to the satisfaction of [the 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. Any such 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 processes 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. Wastewater constituents and characteristics and other effluent data,
as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be
available to the public without restriction.

SECTION 9—PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE

[Note: Unless the optional (underlined) revisions to the SNC provisions have been made by the State, the
POTW must retain the previous requirements. The optional revisions include the public notice in a
newspaper of general circulation that provides meaningful  public notice within the jurisdiction, publishing
SIUs and other Ills that have adversely affected the POTW, and that IU reports submitted more than 45 days
late constitutes SNC. See 40 CFR 403.8(f) (2)(viii)(A-C).]

[The 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 Noncompliance
with applicable Pretreatment Standards and Requirements.  The term Significant Noncompliance
shall be applicable to  all Significant Industrial Users (or any other Industrial User that violates
paragraphs (C), (D) or (H) of this Section) and shall  mean:
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                                                           EPA Model Pretreatment Ordinance
       A. 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- (6-) month period exceed (by any magnitude) a numeric
       Pretreatment Standard or Requirement, including Instantaneous Limits as defined in
       Section 2; [Note: Required Streamlining Rule Change, see 40 CFR 403.3(1)]

       B.  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- (6-) month period equals or exceeds the product of the numeric
       Pretreatment Standard or Requirement including Instantaneous Limits, as defined by
       Section 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease,
       and 1.2 for all Other pollutants except pH); [Note: Required Streamlining Rule Change, see 40
       CFR 403.3(1)]

       C. Any other violation of a Pretreatment Standard or Requirement as defined by Section
       2 (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that
       [the 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; [Required Streamlining Rule Change, see 40 CFR 403.3(1)]

       D. Any discharge of a pollutant that has caused imminent endangerment to the public or
       to the environment, or has resulted in [the Superintendent's] exercise of its emergency
       authority to halt or prevent such a discharge;

       E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
       milestone  contained in an individual wastewater discharge permit [or a general permit
       {optional}]  or enforcement order for starting construction,  completing construction, or
       attaining final compliance;

       F. 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;

       G. Failure to accurately report noncompliance; or

       H. Any other violation(s), which may include a violation of Best Management Practices,
       which [the Superintendent] determines will adversely affect the operation or
       implementation of the local pretreatment program.

SECTION 10—ADMINISTRATIVE ENFORCEMENT REMEDIES

[Note: The municipality must refer to State law to see if the remedies listed in Sections 10,11, and 12 are
allowable. The municipality must have the authority to seek injunctive relief for noncompliance and to seek
or assess penalties of at least $1,000 a day for each violation of Pretreatment Standards or Requirements by
Industrial Users.]
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10.1 Notification of Violation

When [the Superintendent] finds that a User has violated, or continues to violate, any provision
of this ordinance, an individual wastewater discharge permit, [or a general permit {optional}] or
order issued hereunder, or any other Pretreatment Standard or Requirement, [the Superintendent]
may serve upon that User a written Notice of Violation. Within [         (   )] days of the
receipt of such notice, an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall be submitted by the User to
[the Superintendent].  Submission of such a plan in no way relieves the User of liability for any
violations occurring before or after receipt of the Notice of Violation.  Nothing in this Section
shall limit the authority of [the Superintendent] to take any action, including  emergency actions
or any other enforcement action, without first issuing a Notice of Violation.

10.2 Consent Orders

[The Superintendent] may enter into Consent Orders, assurances of compliance, or other similar
documents establishing an agreement with any User responsible for noncompliance. Such
documents shall include specific action to be taken by the User to correct the noncompliance
within a time period specified by the document.  Such documents shall have the same force and
effect as the administrative orders issued pursuant to Sections 10.4 and 10.5 of this ordinance
and shall be judicially enforceable.

10.3 Show Cause Hearing

[The Superintendent] may order a User which has violated, or continues to violate, any provision
of this ordinance, an individual wastewater discharge permit, [or a general permit {optional}] or
order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before  [the
Superintendent] and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the User specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action,  and a request that the User show cause why the
proposed enforcement action should not be taken.  The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested) at least [	(	)]
days prior to the hearing. Such notice may be served on any Authorized Representative of the
User as defined in Section 1.4 C and required by Section 4.7 A.  A show cause hearing shall not
be a bar against, or prerequisite for, taking any other action against the User.

10.4 Compliance Orders

When [the Superintendent] finds that a User has violated, or continues to violate, any provision
of this ordinance, an individual wastewater discharge permit, [or a general permit {optional}] or
order issued hereunder, or any other Pretreatment Standard or Requirement, [the Superintendent]
may issue an order to the User responsible for the discharge directing that the User come into
compliance within a specified time.  If the User does not come into compliance within the time
provided,  sewer service may be discontinued unless adequate treatment facilities, devices, or
other related appurtenances are installed and properly operated.  Compliance orders also may
contain other requirements to  address the noncompliance, including additional self-monitoring
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                                                           EPA Model Pretreatment Ordinance
and management practices designed to minimize the amount of pollutants discharged to the
sewer. A compliance order may not extend the deadline for compliance established for a
Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability
for any violation, including any continuing violation. Issuance of a compliance order shall not
be a bar against, or a prerequisite for, taking any other action against the User.

10.5 Cease and Desist Orders

When [the  Superintendent] finds that a User has violated, or continues to violate, any provision
of this ordinance, an individual wastewater discharge permit, [or a general permit {optional}] or
order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User's
past violations are likely to recur, [the Superintendent] may issue an order to the User directing it
to cease and desist all such violations and directing the User to:

       A.  Immediately comply with all requirements; and

       B.  Take such appropriate remedial or preventive action as may be needed to properly
           address a continuing or threatened violation, including halting operations and/or
           terminating the discharge. Issuance of a cease and desist order shall not be a bar
           against, or a prerequisite for, taking any other action against the User.

10.6 Administrative Fines

[Note: The municipality should consult State law to determine whether it has the legal authority to impose
administrative penalties.]

       A.  When [the Superintendent] finds that a User has violated, or continues to violate, any
       provision of this ordinance, an individual wastewater discharge permit, [or a general
       permit {optional}] or order issued hereunder, or any other Pretreatment Standard or
       Requirement, [the Superintendent] may fine such User in an amount not to exceed [insert
       maximum fine allowed under State Law]. Such fines shall  be assessed on a per-violation,
       per-day basis. In  the case of monthly or other long-term average discharge limits, fines
       shall be assessed for each day during the period  of violation.

       B.  Unpaid charges, fines, and penalties shall, after  [	(	)] calendar days, be
       assessed an additional penalty of [	percent (	%)] of the unpaid balance, and
       interest  shall accrue thereafter at a rate of [	percent (	%)] per month. A lien
       against the User's property shall be sought for unpaid charges, fines, and penalties.

       C.  Users desiring to dispute such fines must  file a written request for [the
       Superintendent] to reconsider the fine along with full payment of the fine amount within
       [	(	)] days of being notified of the fine.  Where a request has merit, [the
       Superintendent] may convene a hearing on the matter.  In the event the User's appeal is
       successful, the payment, together with any interest accruing thereto, shall be returned to
       the  User. [The Superintendent] may add the  costs of preparing administrative
       enforcement actions, such as notices and orders, to the fine.
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       D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for,
       taking any other action against the User.

10.7 Emergency Suspensions

[The Superintendent] may immediately suspend a User's discharge, after informal notice to the
User, whenever such suspension is necessary to stop an actual or threatened discharge, which
reasonably appears to present, or cause an imminent or substantial endangerment to the health or
welfare of persons.  [The Superintendent] may also  immediately suspend a User's discharge,
after notice and opportunity to respond, that threatens to interfere with the operation of the
POTW, or which presents, or may present, an endangerment to the environment.

       A. Any User notified of a suspension of its discharge shall immediately stop or eliminate
       its contribution. In the event of a User's failure to immediately comply voluntarily with
       the suspension order, [the Superintendent] may take such steps as deemed necessary,
       including immediate  severance of the sewer connection, to prevent or minimize damage
       to the POTW, its receiving stream, or endangerment to any individuals. [The
       Superintendent] may allow the User to recommence its discharge when the User has
       demonstrated to the satisfaction of [the Superintendent] that the period of endangerment
       has passed, unless the termination proceedings in Section 10.8 of this ordinance are
       initiated against the User.

       B. A User that is responsible, in  whole or in part, for any discharge presenting imminent
       endangerment shall submit a detailed written statement, describing the causes of the
       harmful contribution and the measures taken to prevent any future occurrence, to [the
       Superintendent] prior to  the date  of any show cause or termination hearing under Sections
       10.3  or 10.8 of this ordinance.

Nothing in this Section shall be  interpreted as requiring a hearing prior to any Emergency
Suspension under this Section.

10.8 Termination of Discharge

In addition to the provisions  in Section 5.6 of this ordinance, any User who violates the
following conditions is subject to discharge termination:

       A. Violation of individual wastewater discharge permit [or general permit {optional}]
       conditions;

       B. Failure to accurately  report the wastewater constituents and characteristics of its
       discharge;

       C. Failure to report significant changes in operations or wastewater volume, constituents,
       and characteristics prior  to discharge;
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       D. Refusal of reasonable access to the User's premises for the purpose of inspection,
       monitoring, or sampling; or

       E. Violation of the Pretreatment Standards in Section 2 of this ordinance.

Such User will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 10.3 of this ordinance why the proposed action should
not be taken.  Exercise of this option by [the Superintendent] shall not be a bar to, or a
prerequisite for, taking any other action against the User.

SECTION 11—JUDICIAL ENFORCEMENT REMEDIES

11.1 Injunctive Relief

When [the Superintendent] finds that a User has violated, or continues to violate, any provision
of this ordinance, an individual wastewater discharge permit, [or a general permit {optional}] or
order issued hereunder, or any other Pretreatment Standard or Requirement, [the Superintendent]
may petition the [insert name of appropriate Court] through [the City's] Attorney for the issuance
of a temporary or permanent injunction, as appropriate, which restrains or compels the specific
performance of the individual wastewater discharge permit, [the general permit, {optional}] order,
or other requirement imposed by this ordinance on activities of the User.  [The Superintendent]
may also seek such other action as is appropriate for legal and/or equitable relief, including a
requirement for the User to conduct environmental remediation.  A petition for injunctive relief
shall not be a bar against, or a prerequisite for, taking any other action against a User.

11.2 Civil Penalties

[Note: The municipality must have the minimum authority to seek civil or criminal penalties in the amount of
at least $1,000 per day per violation.]

       A. A User who has violated, or continues to violate,  any provision of this ordinance, an
       individual wastewater discharge permit, [or a general permit {optional}] or order issued
       hereunder, or any other Pretreatment Standard or Requirement shall be liable to [the City]
       for a maximum civil penalty of [insert maximum allowed under State law but not less
       than $1,000] per violation, per day. In the case of a monthly or other long-term average
       discharge limit, penalties shall accrue for each day during the period of the violation.

       B. [The Superintendent] may recover reasonable attorneys' fees,  court costs, and other
       expenses associated with enforcement activities, including sampling and monitoring
       expenses, and the cost of any actual damages incurred by [the City].

       C. In determining the amount of civil liability, the Court shall take into account all
       relevant circumstances, including, but not limited to, the extent of harm caused by the
       violation, the magnitude and duration of the violation, any economic benefit gained
       through the User's violation, corrective actions by the User, the compliance history of the
       User, and any other factor as justice requires.
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       D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking
       any other action against a User.

11.3 Criminal Prosecution

[Note: To the extent State law authorizes a municipality to prosecute violations of local ordinances as a crime
under State law, the municipality should include the following provision in its local ordinance.]

       A. A User who willfully or negligently violates any provision of this ordinance, an
       individual wastewater discharge permit, [or a general permit {optional}] or order issued
       hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be
       guilty of a misdemeanor, punishable by a fine of not more than [insert maximum fine
       allowed under State law] per violation, per day, or imprisonment for not more than
       [	(	)] years,  or both.

       B. A User who willfully or negligently introduces any substance into the POTW which
       causes personal injury or property damage shall, upon conviction, be guilty of a
       [misdemeanor] and be subject to a penalty of at least [insert maximum  fine allowable
       under State law], or be subject to imprisonment for not more than [	(	)] years,
       or both. This penalty shall be in addition to any other cause of action for personal injury
       or property damage available under State law.

       C. A User who knowingly makes any false statements, representations, or certifications
       in any application, record, report, plan, or other documentation filed, or required to be
       maintained, pursuant to this ordinance, individual wastewater discharge permit, [or
       general permit {optional}]or order issued hereunder, or who falsifies, tampers with, or
       knowingly renders inaccurate any monitoring device or method required  under this
       ordinance shall, upon conviction, be punished by a fine of not more than  [insert
       maximum fine allowable under State law] per violation, per day, or imprisonment for not
       more than [	(	)] years, or both.

       D. In the event of a second conviction, a User shall be punished by a fine of not more
       than [insert maximum fine allowable under State law] per violation, per day, or
       imprisonment for not more than [	(	)] years, or both.

11.4 Remedies Nonexclusive

The remedies provided for in this ordinance are not exclusive.  [The Superintendent] may take
any, all, or any combination of these actions against a noncompliant User. Enforcement of
pretreatment violations will generally be in accordance with [the City's] enforcement response
plan. However, [the Superintendent] may take other action against any User when the
circumstances warrant. Further, [the Superintendent] is empowered to take more than one
enforcement action against any noncompliant User.
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SECTION 12—SUPPLEMENTAL ENFORCEMENT ACTION

12.1 Penalties for Late Reports {Optional}

A penalty of $[xx] shall be assessed to any User for each day that a report required by this
ordinance, a permit or order issued hereunder is late, beginning five days after the date the report
is due [higher penalties may also be assessed where reports are more than 30-45 days late].
Actions taken by [the Superintendent] to collect late reporting penalties shall not limit [the
Superintendent's] authority to initiate other enforcement actions that may include penalties for
late reporting violations.

12.2 Performance Bonds {Optional}

[The Superintendent] may decline to issue or reissue an individual wastewater discharge permit
[or a general permit {optional}] to any User who has failed to comply with any provision of this
ordinance, a previous individual wastewater discharge permit, [or a previous general permit
{optional}] or order issued hereunder, or any other Pretreatment Standard or Requirement, unless
such User first files a satisfactory bond, payable to [the City], in a sum not to exceed a value
determined by [the Superintendent] to be necessary to achieve consistent compliance.

12.3 Liability Insurance {Optional}

[The Superintendent] may decline to issue or reissue an individual wastewater discharge [or a
general permit {optional}] to any User who has failed to comply with any provision of this
ordinance, a previous individual wastewater discharge permit, [or a previous general permit
{optional}] or order issued hereunder, or any other Pretreatment Standard or Requirement, unless
the User first submits proof that it has obtained financial assurances sufficient to restore or repair
damage to the POTW caused by its discharge.

12.4 Payment of Outstanding Fees and Penalties {Optional}

[The Superintendent] may decline to issue or reissue an individual wastewater discharge permit
[or a general permit {optional}] to any User who has failed to pay any outstanding fees, fines or
penalties incurred as a result of any provision of this ordinance, a previous individual wastewater
discharge permit, [or a previous general permit {optional}] or order issued hereunder.

12.5 Water Supply Severance {Optional}

Whenever a User has violated or continues to violate any provision of this ordinance, an
individual wastewater discharge permit,  [a general permit, {optional}] or order issued hereunder,
or any other Pretreatment Standard or Requirement, water service to the User may be severed.
Service will recommence, at the User's expense, only after the User has satisfactorily
demonstrated its ability to comply.
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12.6 Public Nuisances {Optional}

A violation of any provision of this ordinance, an individual wastewater discharge permit, [a
general permit, {optional}] or order issued hereunder, or any other Pretreatment Standard or
Requirement is hereby declared a public nuisance and shall be corrected or abated as directed by
[the Superintendent].  Any person(s) creating a public nuisance shall be subject to the provisions
of [the City Code] [insert proper citation] governing such nuisances, including reimbursing [the
City] for any costs incurred in removing, abating, or remedying said nuisance.

12.7 Informant Rewards {Optional}

[The Superintendent] may pay up to [	dollars ($	)] for information leading to the
discovery of noncompliance by a User. In the event that the information provided results in a
civil penalty [or an administrative  fine] levied against the User, [the Superintendent] may
disperse up to [	percent (	%)] of the collected fine or penalty to the informant.
However, a single reward payment may not exceed [	dollars ($	)].

12.8 Contractor Listing {Optional}

Users which have not achieved compliance with applicable Pretreatment Standards and
Requirements are not eligible to receive a contractual award for the sale of goods or services to
[the City]. Existing contracts for the sale of goods or services to [the City] held by a User found
to be in Significant Noncompliance with Pretreatment Standards or Requirements may be
terminated at the discretion of [the Superintendent].

SECTION 13—AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS

[Note: Although Federal law allows the affirmative defenses set out in this Section, some Approved States do
not allow for one or more of the affirmative defenses listed below.]

13.1 Upset

       A. For the purposes of this Section, upset means an exceptional incident in which there is
       unintentional and temporary noncompliance with categorical Pretreatment Standards
       because  of factors beyond the reasonable control of the User. An upset does not include
       noncompliance to the extent caused by operational error, improperly designed treatment
       facilities, inadequate treatment facilities, lack of preventive  maintenance, or careless or
       improper operation.

       B. An upset shall constitute an affirmative defense to an action brought for
       noncompliance with categorical Pretreatment Standards if the requirements of paragraph
       (C), below, are met.

       C. A User who wishes to establish the affirmative defense of upset shall  demonstrate,
       through properly signed, contemporaneous operating logs, or other relevant evidence
       that:
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              (1) An upset occurred and the User can identify the cause(s) of the upset;

              (2) The facility was at the time being operated in a prudent and workman-like
              manner and in compliance with applicable operation and maintenance procedures;
              and

              (3) The User has submitted the following information to [the Superintendent]
              within twenty-four (24) hours of becoming aware of the upset [if this information
              is provided orally, a written submission must be provided within five (5) days]:

              (a) A description of the indirect discharge and cause of noncompliance;

              (b) The period of noncompliance, including exact dates and times or, if not
                 corrected, the anticipated time the noncompliance is expected to continue; and

              (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence
                 of the noncompliance.

       D. In any enforcement proceeding, the User seeking to establish the occurrence of an
       upset shall have the burden of proof.

       E. Users shall have the opportunity for a judicial determination on any claim of upset
       only in an enforcement action brought for noncompliance with categorical Pretreatment
       Standards.

       F. Users shall control production of all discharges to the extent necessary to maintain
       compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its
       treatment facility until the facility is restored or an alternative method of treatment is
       provided. This requirement applies in the situation where, among  other things, the
       primary source of power of the treatment facility is reduced, lost, or fails.

13.2 Prohibited Discharge Standards

A User shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 2.1 (A) of this ordinance or the specific
prohibitions in Sections 2.1(B)(3) through [(	)] of this ordinance if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from
other sources, would cause Pass Through or Interference and that either:

       A. A Local Limit exists for each pollutant discharged and the User was in compliance
       with each limit directly prior to, and  during, the Pass Through or Interference; or

       B. No Local Limit exists, but the discharge did not change substantially in nature or
       constituents from the User's prior discharge when [the City] was regularly in compliance
       with its NPDES permit, and in the case of Interference, was in compliance with
       applicable sludge use or disposal requirements.
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[Note: The references in Section 13.2 should refer only to specific prohibitions actually listed in the
ordinance. Also note that, pursuant to 40 CFR 403.5(a)(2), the affirmative defense outlined in Section 13.2
cannot apply to the specific prohibitions in Sections 2.1B(1) and (2), and (8).]

13.3 Bypass

       A. For the purposes of this Section,

              (1) Bypass means the intentional diversion of wastestreams from any portion of a
              User's treatment facility.

              (2) Severe property damage means substantial physical damage to property,
              damage to the treatment facilities which causes them to become inoperable, or
              substantial and permanent loss of natural resources which can reasonably be
              expected to occur in the absence of a bypass. Severe property damage does not
              mean economic loss caused by delays in production.

       B. A User may allow any bypass to occur which does not cause Pretreatment Standards
       or Requirements to be violated, but only if it also is for essential maintenance to assure
       efficient operation. These bypasses are not subject to the provision of paragraphs (C) and
       (D) of this Section.

       C. Bypass Notifications

              (1) If a User knows in advance of the need for a bypass, it shall submit prior
              notice to  [the Superintendent], at least ten (10) days before the date of the bypass,
              if possible.

              (2) A User shall submit oral notice to [the Superintendent] of an unanticipated
              bypass that exceeds applicable Pretreatment Standards within twenty-four (24)
              hours from the time it becomes aware of the bypass. A written submission shall
              also be provided within five (5)  days of the time the User becomes aware of the
              bypass.  The written submission shall contain a description of the bypass and its
              cause; the duration of the bypass, including exact dates and times, and, if the
              bypass has not been corrected, the anticipated time it is expected  to continue; and
              steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
              bypass.  [The Superintendent] may waive the written report on a  case-by-case
              basis if the oral  report has been received within twenty-four (24)  hours.

       D. Bypass

              (1) Bypass is prohibited, and [the Superintendent] may take an enforcement action
              against a User for a bypass, unless

              (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe
                 property damage;
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             (b) There were no feasible alternatives to the bypass, such as the use of auxiliary
                 treatment facilities, retention of untreated wastes, or maintenance during
                 normal periods of equipment downtime. This condition is not satisfied if
                 adequate back-up equipment should have been installed in the exercise of
                 reasonable engineering judgment to prevent a bypass which occurred during
                 normal periods of equipment downtime or preventive maintenance; and
             (c) The User submitted notices as required under paragraph (C) of this section.

             (2) [The Superintendent] may approve an anticipated bypass,  after considering its
             adverse effects, if [the Superintendent] determines that it will meet the three
             conditions listed in paragraph (D)(l) of this Section.
SECTION 14—WASTEWATER TREATMENT RATES - [RESERVED]

SECTION 15—MISCELLANEOUS PROVISIONS {Optional}

15.1 Pretreatment Charges and Fees {Optional}

[The City] may adopt reasonable fees for reimbursement of costs of setting up and operating [the
City's] Pretreatment Program, which may include:

       A. Fees for wastewater discharge permit applications including the cost of processing
       such applications;

       B. Fees for monitoring, inspection, and surveillance procedures including the cost of
          collection and analyzing a User's discharge, and reviewing monitoring reports and
          certification statements submitted by Users;
       C. Fees for reviewing and responding to accidental discharge procedures and
          construction;
       D. Fees for filing appeals;
       E. Fees to recover administrative and legal costs (not included in Section 15.1 B)
          associated with the enforcement activity taken by the [Superintendent] to address IU
          noncompliance; and

       F. Other fees as [the City] may deem necessary to carry out the requirements contained
          herein. These fees relate solely to the matters covered by this ordinance and are
          separate from all other fees, fines, and penalties chargeable by [the City].

15.2 Severability {Optional}

If any provision of this ordinance is invalidated by any court of competent jurisdiction, the
remaining provisions shall not be affected and shall continue in full force and effect.
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SECTION 16—EFFECTIVE DATE

This ordinance shall be in full force and effect immediately following its passage, approval, and
publication, as provided by law.
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