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ARTICLE VI INDUSTRIAL PRETREATMENT PROGRAM Section 6.1

Applicability and Objectives

A. Applicability: This Article sets forth uniform requirements for all non-domestic user discharges to the wastewater collection and treatment system for the CWSD and enables CWSD to comply with all applicable state and federal laws including the Clean Water Act (33 United States Code (U.S.C.) Section 1261 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). Any Industrial User, the discharge sewage from which directly or indirectly enters the CWSD’s POTW from areas within or without the boundaries of the CWSD, shall be bound by these Rules and Regulations as they now exist or may hereafter be amended. These Rules and Regulations may be enforced against any Industrial User. B.

Objectives: The objectives of this Article are: 1.

To prevent the introduction of pollutants into the Publicly-Owned Treatment Works (POTW) that will interfere with the operation of the system or contaminate the resulting sludge;

To prevent the introduction of pollutants into the POTW which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

To provide for and promote the general health, safety and welfare of the citizens residing within CWSD and connecting jurisdictions;

To enable CWSD to comply with its Colorado Discharge Permit System (CDPS) permit conditions, sewage sludge use and disposal requirements, and any other applicable federal or state laws or regulations to which the POTW is subject; and

To prevent adverse impacts to worker health and safety due to the discharge of pollutants from industrial users.

Non-Domestic Industrial Users: It shall be unlawful for any Industrial User to discharge any domestic or non-domestic wastewater into any natural waterway, any surface drainage, or in any area under the jurisdiction of CWSD. No industrial wastewater shall be discharged to the POTW unless done so in compliance with the provisions of this Article.

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Section 6.2

Regulation of Industrial Users from Outside Jurisdictions

Pretreatment Program responsibilities shall be delegated to the CWSD by all connecting jurisdictions. The CWSD is required to administer and enforce its Pretreatment Program in accordance with this Article and it CDPS Permit. A.

Outside Jurisdictions and Intergovernmental Agreements (IGAs). 1.

In order for CWSD to effectively implement and enforce Pretreatment Standards and Requirements for all industrial users discharging to the POTW and as required by 40 CFR Section 403.8(f), CWSD shall enter into Intergovernmental Agreements (IGA) with contributing jurisdictions. Prior agreements shall be unaffected by these requirements until such time as CWSD determines that modifications are necessary.

Each connecting jurisdiction shall enact an ordinance, rule or resolution that provides notice of the delegation of pretreatment responsibilities to CWSD. The ordinance, rule or resolution shall incorporate the CWSD Pretreatment Program by reference.

Prior to entering into an IGA, CWSD shall be provided the following information from the contributing jurisdiction: a.

A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;

An inventory of all sources of Indirect Discharge located within the contributing jurisdiction that are discharging to the POTW; and

Such other information as CWSD may deem necessary.

Intergovernmental Agreement Content The IGA may contain the following conditions: 1.

A requirement for the contributing jurisdiction to adopt a sewer use ordinance or rules which specifically require that all non-domestic users shall be under the jurisdiction of this Article for the purposes of implementation and enforcement of Pretreatment Standards and Requirements;

Each Customer shall adopt Rules and Regulations approved by CWSD sufficient to provide for the proper handling of liquid wastes containing excessive grease, excessive sand or other harmful ingredients.

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A requirement for the contributing jurisdiction to submit an updated user inventory on at least an annual basis;

A provision specifying that CWSD shall be delegated full responsibility for implementation and enforcement of the pretreatment program unless otherwise agreed to and specified in the IGA;

A requirement for the contributing jurisdiction to provide CWSD with access to all information that the contributing jurisdiction obtains regarding effluent quantity and quality from non-domestic users;

Requirements for monitoring the contributing jurisdiction's discharge; and

A provision specifying remedies available for breach of the terms of the IGA.

Section 6.3

Responsibility and Authority of CWSD

Except as otherwise provided herein, the General Manager shall administer, implement, and enforce the provisions of this Article.

CWSD shall attempt to notify in writing any Industrial User whom they have cause to believe is subject to a National Categorical Pretreatment Standard or Requirements, or other applicable requirements promulgated by the EPA under the provisions of Section 204(b) or 405 of the Act, or under the provisions of sections 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of CWSD to so notify industrial users shall not relieve said industrial users from the responsibility of complying with applicable requirements. It is the responsibility of Significant Industrial Users to apply for and receive a permit prior to discharge, whether or not the Industrial User has been identified and formally requested to do so.

If wastewaters containing any pollutant, including excess flow, or as otherwise defined in this Article, are discharged or proposed to be discharged to the POTW, CWSD may take any action necessary to: 1.

Prohibit the discharge of such wastewater;

Require an Industrial User to demonstrate that in-plant facility modifications will reduce or eliminate the discharge of such substances in conformity with this Article;

Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the potential for a discharge to violate this Article;

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Require the Industrial User making, causing or allowing the discharge to pay any additional cost or expense incurred by CWSD for handling, treating, disposing or remediation costs as a result of wastes discharged to the wastewater treatment system;

Require the Industrial User to apply for and obtain a permit;

Require timely and factual reports from the Industrial User responsible for such discharge; or Take such other action as may be necessary to meet the objectives of this Article.

7. D.

In addition to the overall authority to control the discharge of wastewater to the POTW, CWSD shall have the following authorities: 1.

Take enforcement and issue fines and penalties for violations of this Article, including the failure of an Industrial User to apply for a permit.

Endangerment to Health or Welfare of the Community: CWSD, through other than a formal notice to the affected Industrial User, may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within CWSD, any area under jurisdiction of CWSD, the POTW of CWSD or any wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of the community.

Endangerment to Environment or Treatment Works: The CWSD, after written notice to the discharger may halt or prevent any discharge of pollutants into any natural waterway, surface drainage within CWSD, any area under jurisdiction of CWSD, the POTW, wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever such discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW.

The discharges referred to above may be halted or prevented without regard to the compliance of the discharge with other provisions of this Article.

Section 6.4 Prohibited Discharges and Limitations A.

General Prohibitions An Industrial User may not introduce into a POTW any pollutant(s) which cause Pass Through or Interference. These general prohibitions and the specific prohibitions in paragraph B of this Section apply to each Industrial User introducing pollutants into a POTW whether or not the Industrial User is subject to other Pretreatment Standards or Requirements.

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Specific Prohibitions 1.

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through.

Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR Section 261.21. The General Manager may require industrial users with the potential to discharge flammable, combustible or explosive substances to install and maintain an approved combustible gas detection meter or explosion hazard meter. No two successive readings on an explosion hazard meter at the point of discharge shall be more than five percent (5%), nor any one reading more than ten percent (10%), of the Lower Explosive Limit (LEL) of the meter.

Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40 degrees Celsius (104°F) unless the EPA, upon request of the POTW, approves alternate temperature limits.

Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in the Interference; or

Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; or

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; or

Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; or

Any trucked or hauled pollutants, except at discharge points designated by CWSD.

Stormwater drainage from ground resulting in Infiltration and Inflow (I&I) through the Industrial User’s service line(s), surface, roof drains, catch basins, unroofed area drains (e.g. commercial car washing facilities) or any other source unless otherwise approved by the General Manager. Specifically prohibited is the connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to CWSD's wastewater collection system. No person shall connect or discharge water from underground drains, sump pump discharges, natural springs and seeps, water accumulated in excavation or grading or any other water associated with construction activities.

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10.

Any substance which may cause the POTW's effluent, sludge, or residue to be unsuitable for, or interfere with, the reclamation or reuse process.

11.

A Slug Discharge as defined in Article II.

12.

Any substance which will cause the POTW to violate the CDPS permit or the receiving water quality standards.

13.

Any pollutant directly into a manhole or other opening in the POTW unless specifically authorized by CWSD or as otherwise permitted under this Article. Prohibited is the opening of a manhole or discharging into any opening in violation of this Article.

14.

Liquid wastes from chemical toilets, and trailers, campers or other recreational vehicles which have been collected and/or held in tanks or other containers shall not be discharged into the POTW except at locations authorized by CWSD to collect such wastes.

Specific Discharge Limitations. It shall be unlawful for any Significant Industrial User or other permitted Industrial User to discharge, deposit, cause, or allow to be discharged any waste or wastewater which fails to comply with the limitations imposed by this Section. 1.

Dilution is prohibited as a substitute for treatment and shall be a violation of this Article. Except where expressly authorized to do so by an applicable Pretreatment Standard or Requirement, no Industrial User shall ever increase the use of process water, or in any other way attempt to dilute a Discharge as a partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment Standard or Requirement. CWSD may impose mass limitations on industrial users which are using dilution to meet applicable Pretreatment Standards or Requirements or in other cases where the imposition of mass limitations is appropriate.

No Significant Industrial User or other permitted Non-Significant Industrial User shall discharge wastewater that exceeds the following limits:

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MAXIMUM CONTRIBUTION

Arsenic Cadmium Chromium

Daily Maximum Discharge Limit (mg/L) 0.43 0.35 4.73

Copper Lead Mercury Molybdenum Nickel Selenium Silver Zinc

1.37 0.45 0.021 4.51 5.28 0.68 0.40 7.1

POLLUTANT (a)

(a)

All pollutants shown in the Table are total and in mg/L.

The District may, at its sole discretion, implement local limits through allocation of the Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users and permitted non-SIUs that correspond to the uniform concentration local limits shown in the table above. The MAILs that correspond to the Daily Maximum Discharge Limits are hereby incorporated by reference.

The following limits shall apply to wastewaters that are discharged from the groundwater cleanup of petroleum or gasoline underground storage tanks or other remediation wastewaters containing these pollutants or where these pollutants are appropriate surrogates It shall be unlawful for any Industrial User to discharge or cause to be discharged any waste or wastewater that exceeds the following limits, as applicable. (a)(c)

Pollutant Benzene BTEX(b) (a) (b) (c)

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Daily Maximum Limit (mg/L) 0.050 0.750

All pollutants show in the Table are Total. BTEX shall be measured as a sum of Benezene, Ethylbenzene, Toluene and Xylenes. These limits are based upon installation of air stripping technology as described in the EPA document: “Model NPDES Permit for Discharges Resulting from the Cleanup of Gasoline Released from Underground Storage Tanks. June 1989.” 27

Promulgation of Standards. 1.

Section 6.5

Upon the promulgation of the federal Categorical Pretreatment Standard for a particular industrial subcategory, the federal Standard, if more stringent than limitations imposed by this Article for sources in that subcategory, shall immediately supersede the limitations imposed by this Article. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal Pretreatment Standards and Requirements or those in this Article. Pretreatment and Monitoring Facilities

Treatment Required: An Industrial User shall provide necessary wastewater treatment at the Industrial User's expense as required to comply with this Article and shall achieve compliance with all Pretreatment Standards and Requirements within the time limitations specified by the EPA, the State, or CWSD, whichever is more stringent. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the General Manager for review and shall be acceptable before construction of the facility. The review of such plans and operating procedures will in no way relieve the Industrial User from the responsibility of modifying the facility as necessary to produce an effluent acceptable to CWSD under the provisions of this Article.

Wastewater Discharge Control: CWSD may require an Industrial User to restrict discharge during peak flow periods, designate that certain wastewater be discharged only into specified 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 demonstrate the Industrial User’s compliance with the requirements of this Article.

Flow Equalization: CWSD may require any Industrial User discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flowcontrol facility to ensure equalization of flow. An Industrial Discharge Permit may be issued solely for flow equalization.

Monitoring Facilities: CWSD may require an Industrial User to install at the Industrial User’s expense, suitable monitoring facilities or equipment that allows for the representative sampling and accurate observation of wastewater discharges. Monitoring equipment and structures shall be maintained in proper working order and kept safe and accessible at all times to CWSD personnel. The monitoring equipment shall be located and maintained on the Industrial User's premises outside of the building unless otherwise approved by CWSD. When such a location would be impractical, CWSD may allow such facility to be constructed in the public street or easement area, with the approval of the agency having jurisdiction over such street or easement, and located so that it will not be obstructed by public utilities, landscaping or parked vehicles. When more than one Industrial User is able to discharge into a common service line, CWSD may require installation of separate monitoring equipment for each Industrial User. December 31, 2016 28

Flow, pH and LEL Meters: If CWSD determines that an Industrial User needs to measure and report wastewater flow, discharge process wastewaters necessitating continuous pH measurement or discharge wastewater that may contain flammable substances may be required to install and maintain, at the Industrial User’s expense, approved meters, structures and equipment.

Section 6.6 A.

Industrial Wastewater Discharge Permits

Permits Required. All Significant Industrial Users proposing to connect to, or discharge into, any part of the wastewater system shall apply for and obtain an Industrial Wastewater Discharge Permit prior to commencing discharge to the POTW. A separate permit may be required for each Industrial User, building or complex of buildings. The discharge of wastewater to the POTW without a valid permit from a Significant Industrial User shall be a violation of this Article. Such Significant Industrial Users shall immediately contact CWSD and obtain a permit for discharge.

New Industrial Users: Applying for an Industrial Wastewater Discharge Permit. Any Industrial User required to obtain an Industrial Wastewater Discharge Permit who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit prior to the beginning or recommencing of such discharge. The Industrial User shall file a permit application on forms provided by CWSD containing the information specified in Section 6.6, F below. The completed application for the Industrial Wastewater Discharge Permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.

Existing Industrial Users: Applying for an Industrial Wastewater Discharge Permit Reissuance. An Industrial User with an expiring Industrial Wastewater Discharge Permit shall apply for a new permit by submitting a complete permit application at least ninety (90) days prior to the expiration of the Industrial User’s existing discharge permit. The Industrial User shall file a permit application on forms provided by CWSD containing the information specified in 6.6, F below. An Industrial User with an existing permit that has filed a complete and timely application may continue to discharge as approved by CWSD through an administrative extension of the existing permit.

Other Industrial Users. CWSD may require other Non-Significant Industrial Users to obtain wastewater discharge permits necessary to carry out the purposes of this Article. CWSD may issue a zero discharge permit to prohibit the discharge of some or all nondomestic process wastewater from an Industrial User.

Enforceability.

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Any violation of the terms and conditions of an Industrial Wastewater Discharge Permit, failure to apply for a permit as required, or discharging without a required permit shall be deemed a violation of this Article and subjects the Industrial User to enforcement by CWSD. Obtaining an Industrial Discharge Permit does not relieve a permittee of its obligation to comply with all federal and state Pretreatment Standards or Requirements. F.

Permit Application Contents. In support of the application, the Industrial User shall submit, in units and terms appropriate for evaluation, the following information: 1.

Name of business, address of the facility, location of the discharge if different from facility address, contact information for the Authorized Representative of the Industrial User and a description of the activities, facilities, and manufacturing process at the facility.

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

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);

The Standard Industrial Classification(s) of the operation(s) carried out by such Industrial User;

A schematic process diagram, which indicates points of discharge to the POTW from the regulated process; Types of wastes generated;

d. e.

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;

Number of employees; and

Hours of operation, and proposed or actual hours of operation.

Time and duration of discharges.

The location for sampling the wastewater discharges from the Industrial User.

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process December 31, 2016 30

streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR Section 403.6(e). For New Sources and new permittees not currently discharging, an estimate of flows may be used for meeting the requirements of the Baseline Monitoring Report required in Section 6.14, B. 7.

Measurement of Pollutants. a.

The Pretreatment Standards applicable to each regulated process;

The results of sampling and analysis identifying the nature and concentration, and/or mass of regulated pollutants in the discharge from each regulated process where required by the Standard or by CWSD;

Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported;

The sample shall be representative of daily operations and shall be collected in accordance with procedures set out in Section 6.13. Where the Standard requires compliance with a BMP or pollution prevention alternative, the Industrial User shall submit documentation as required by CWSD or the applicable Standards to determine compliance with the Standard; and

Analyses must be performed in accordance with procedures set out in Section 6.13, C.

Accidental or slug discharge control plans as described in Section 6.14, E. shall be submitted.

Compliance Schedule. If additional pretreatment and/or Operation and Maintenance (O&M) will be required to meet the Pretreatment Standards, the shortest schedule by which the Industrial User will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The following conditions shall apply to this schedule: a.

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The schedule shall contain increments of progress 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 Industrial User to meet the applicable Pretreatment Standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No such increment shall exceed nine (9) months. 31

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the General Manager including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the General Manager.

10.

Certification. A statement, reviewed by an Authorized Representative of the Industrial User and certified to 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 for the Industrial User to meet the Pretreatment Standards and Requirements.

11.

Any other information as may be deemed by the General Manager to be necessary to evaluate the permit application;

12.

Application Signatory. All Industrial Discharge Permit applications and certification statements must be signed by an Authorized Representative of the Industrial User and contain the applicable certification statement(s) in Section 6.14, H.

Industrial Wastewater Discharge Permit Issuance. 1.

Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period of less than five (5) years at CWSD’s discretion or may be stated to expire on a specific date.

Where CWSD is establishing enforceable permit specific Pretreatment Standards or Requirements, the permit shall be noticed for public comment for thirty (30) days in a newspaper of general circulation that provides meaningful public notice. CWSD shall consider all comments that are received and incorporate any comments as appropriate prior to issuing the permit.

CWSD shall issue an Industrial Wastewater Discharge Permit to the applicant if CWSD finds that all of the following conditions are met:

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The applicant has provided a timely and complete permit application to CWSD;

The proposed discharge by the applicant is in compliance with the limitations established in this Article;

The proposed operation and discharge of the applicant would permit the normal and efficient operation of the POTW; and

The proposed discharge by the applicant would not result in a violation by CWSD of the terms and conditions of its CDPS Permit or cause Pass Through or Interference.

If CWSD finds that the condition set out in Subsection (3)(b) of this Section is not met, CWSD may, at their discretion, issue an Industrial Wastewater Discharge Permit to the applicant if the conditions set out in subsections (3)(a), (3)(c) and (3)(d) of this Section have been met and if the applicant submits, and CWSD approves, a compliance schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to insure compliance with applicable Pretreatment Standards. At no time shall a discharge be allowed to cause violations of the General and Specific Prohibitions established in Section 6.4 nor shall the final compliance date for a Categorical Pretreatment Standard be extended.

Transferability. Industrial Discharge Permits are issued to a specific Industrial User for a specific operation. An Industrial Discharge Permit shall not be reassigned or transferred or sold to a new owner, new Industrial User, different premises, or a new or changed operation without the prior written approval of CWSD. Any succeeding owner or Industrial User shall also comply with the terms and conditions of the existing permit until a new permit is issued.

Section 6.7

Industrial Wastewater Permit Conditions

Industrial Discharge Permits shall be expressly subject to all provisions of this Article and all other applicable regulations, user charges and fees established by CWSD. Permits may contain the following: A.

A statement that indicates the permit’s issuance date, expiration date and effective date;

A statement on permit transferability;

The unit charge or schedule of user charges and fees for the wastewater to be discharged into a public sewer;

Limits on the average and/or maximum wastewater constituents and characteristics including, but not limited to, effluent limits, including Best Management Practices, based December 31, 2016 33

upon applicable Pretreatment Standards; E.

Limits on average and maximum rate and time of discharge or requirements for flow;

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

Self-monitoring, sampling, reporting, notification and record-keeping requirements including, but not limited to, identification of the pollutants to be monitored, sampling location, sampling frequency and sample type, based on federal, state and local law;

Best Management Practices (BMPs) to control specific pollutants as necessary to meet the objectives of this Article;

Compliance Schedules;

Requirements for maintaining and retaining records;

Requirements for notification of CWSD of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

Requirements to control and report any slug discharges and notify CWSD immediately of any changes at its facility affecting potential for a Spill or Slug Discharge and to notify the POTW immediately in the event of a slug, spill or accidental discharge to the POTW;

Statements of applicable administrative, civil and criminal penalties for the violation of Pretreatment Standards and Requirements, the permit, this Article, and any applicable compliance schedule;

Requirements to reapply for a new permit prior to expiration of the existing permit;

Additional monitoring to be reported;

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;

Closure requirements for permitted facilities undergoing partial or complete closure activities to ensure closure activities are completed and wastes have been properly disposed and remaining access to sanitary and storm sewers are protected;

Other conditions as deemed appropriate by CWSD or the General Manager to ensure compliance with all applicable rules and regulations. December 31, 2016 34

Section 6.8

Industrial Wastewater Discharge Permit Modification

The Industrial User shall be informed of any proposed changes in its permit at least thirty (30) days prior to the effective date of change. CWSD may modify an Industrial Discharge Permit for good cause, including, but not limited to, the following reasons: A.

To incorporate any new or revised federal, state, or local Pretreatment Standards or Requirements;

To address significant alterations or additions to the Industrial User’s operation, processes, or wastewater volume or character since the time of the Industrial Discharge Permit issuance;

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

Information indicating that the permitted discharge poses a threat to the POTW, CWSD personnel, or the receiving waters;

Violation of any terms or conditions of the Industrial Discharge Permit;

Misrepresentations or failure to fully disclose all relevant facts in the Industrial Discharge Permit application or in any required reporting; or

To correct typographical or other errors in the Industrial Discharge Permit.

Section 6.9

Industrial Wastewater Discharge Permit Revocation

A violation of the conditions of a permit or of this Article or of applicable State and federal regulations shall be reason for revocation of such permit by CWSD. Upon revocation of the permit, any wastewater discharge from the affected Industrial User shall be considered prohibited and in violation of this Article. Grounds for revocation of a permit include, but are not limited to, the following: A.

Failure of an Industrial User to accurately disclose or report the wastewater constituents and characteristics of their discharge;

Failure of the Industrial User to report significant changes in operations or wastewater constituents and characteristics;

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Refusal of access to the Industrial User's premises for the purpose of inspection or monitoring;

Falsification of records, reports or monitoring results;

Tampering with monitoring equipment;

Violation of conditions of the permit;

Misrepresentation or failure to fully disclose all relevant facts in the Industrial Discharge Permit application;

Failure to pay fines or penalties;

Failure to pay sewer charges;

Failure to pay permit and sampling fees; or

Failure to meet compliance schedules.

Section 6.10

Recordkeeping

All Industrial Users shall retain, and make available for inspection and copying, all records, reports, monitoring or other data, applications, permits and all other information and documentation required by this Article including documentation associated with Best Management Practices.

Such records shall include for all samples:

The date, exact place, method, and time of sampling and the name of the person(s) taking the samples;

The date(s) analyses were performed;

Who performed the analyses;

The analytical techniques/methods used; and

The results of such analyses.

Industrial users shall retain such records and shall keep such records available for inspection for at least three (3) years. This recordkeeping period shall be extended automatically for the duration of any litigation concerning the Industrial User's compliance with any provision of this Article, or when the Industrial User has been specifically and expressly notified of a longer records retention period by the General December 31, 2016 36

Manager.

Section 6.11

Confidential Information - Disclosure of Information and Availability to the Public.

All records, reports, data or other information supplied by any person or Industrial User as a result of any disclosure required by this Article or information and data from inspections shall be available for public inspection except as otherwise provided in this Section, 40 CFR Section 403.14 and the Colorado Open Records Act (C.R.S. 24-72-201, et. seq.).

These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to, processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the Industrial User which is desired to be considered a trade secret shall have the words, "Confidential Business Information," stamped on each page containing such information. The Industrial User must demonstrate to the satisfaction of CWSD that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the Industrial User. Information designated as a trade secret pursuant to this Section shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees or authorized representatives of CWSD charged with implementing and enforcing the provisions of this Article and properly identified representatives of the U.S. Environmental Protection Agency and the Colorado Department of Public Health and Environment. Effluent data from any Industrial User whether obtained by self-monitoring, monitoring by CWSD or monitoring by any state or federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection.

Section 6.12

Special Agreements and Contracts

No statement contained in this Article shall be construed as prohibiting special written agreements between CWSD and any Industrial User allowing industrial waste of unusual strength or character to be admitted to the POTW system, provided the Industrial User compensates CWSD for any additional costs of treatment. The General Manager may execute an Agreement to exceed the specific limitations contained in Section 6.4, C. only if the General Manager finds that: A.

Acceptance of the discharge does not adversely affect the wastewater utility nor cause violation of CWSD's CDPS permit, cause a violation of the General and Specific December 31, 2016 37

Prohibitions specified in Section 6.4, does not cause CWSD to exceed its approved Maximum Allowable Industrial Loading (MAIL) or applicable federal and state laws; and B.

The agreement does not waive compliance with Categorical Pretreatment Standards.

Section 6.13 A.

Sample Collection and Analytical Methods

Sample Collection. Compliance determinations with respect to prohibitions and limitations in this Article may be made on the basis of either grab or composite samples of wastewater as specified by CWSD. Such samples shall be taken at a point or points which CWSD determines to be suitable for obtaining a representative sample of the discharge. Composite samples may be taken over a twenty-four (24) hour period, or over a longer or shorter time span, as determined by CWSD to meet specific circumstances.

Sample Type. 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, and based on data that is representative of conditions occurring during the reporting period. 1.

Except as indicated in subparagraphs 2. and 3. below, the Industrial User must collect representative wastewater samples using twenty-four (24) hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is required by CWSD. Where time-proportional composite sampling or grab sampling is authorized by CWSD, the samples must be representative of the permitted discharge.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twentyfour (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. Composited samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by CWSD, as appropriate. In addition, grab samples may be required to show compliance with instantaneous local limits, including pH.

3. For sampling required in support of Baseline Monitoring and 90-day Compliance December 31, 2016 38

reports required in Section 6.14, 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 representative sampling data do not exist. Where historical data are available, CWSD may authorize a lower minimum. For the reports required by Section 6.14, A., the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements. Analytical Requirements. All pollutant analysis, including sampling techniques, to be submitted as part of an Industrial Discharge Permit application, report, permit or other analyses required under this Article 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 CWSD or other parties approved by the EPA.

Section 6.14 A.

Reporting Requirements.

Periodic Compliance Reports – All Significant Industrial Users. 1.

Any Industrial User subject to a federal, state, or CWSD Pretreatment Standard or Requirement must, at a frequency determined by CWSD submit no less than once per six (6) months, unless required more frequently in the permit or by CWSD, reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practices (BMPs) or pollution prevention alternatives, the Industrial User must submit documentation required by CWSD or the Pretreatment Standard necessary to determine compliance status of the Industrial User. All periodic compliance reports must be signed and certified in accordance with Section 6.14, H.

All wastewater samples must be representative of the Industrial 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 an Industrial User to keep its monitoring facility in good working order shall not be grounds for the Industrial User to claim that the sample results are unrepresentative of its discharge.

If an Industrial User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by CWSD, using the methods and procedures prescribed in Section 6.13, the results of this monitoring shall be included in the report. December 31, 2016 39

The sampling and analyses required for the reporting outlined above may be performed by CWSD in lieu of the permittee. Where CWSD itself makes arrangements with the Industrial User to collect all the information required for the report, the Industrial User will not be required to submit the report.

Baseline Monitoring Reports (BMR) – Categorical Industrial Users. 1.

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 Section 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the POTW shall submit to CWSD a report which contains the information listed in paragraph 2. 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 CWSD a report which contains the information listed in paragraph 2. below. A New Source shall report the method of pretreatment it intends to use to meet applicable Pretreatment Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged from regulated process streams and other non-process streams.

Industrial users described above shall submit the information set forth below. a.

All information required in Section 6.6,F.

Measurement of pollutants.

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The Industrial User shall take a minimum of one (1) representative sample to compile the data necessary to comply with the requirements of this paragraph.

ii.

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 Industrial User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 Section CFR 403.6(e) in order to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Section 403.6(e) this adjusted limit along with supporting data shall be submitted to CWSD.

iii.

Sampling and analysis shall be performed in accordance with Section 6.13. 40

iv.

CWSD may allow the submission of a BMR which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

The BMR 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.

vi.

Signature and Report Certification. All baseline monitoring reports must be signed in accordance with Section 6.14, H. and signed by an Authorized Representative as defined in Article 2.

90-Day Compliance Reports – Categorical Industrial Users. 1.

New Sources: All New Sources subject to existing Categorical Pretreatment Standards shall submit a report to CWSD within ninety (90) days from the date of first discharge to the POTW demonstrating actual and continuing compliance with those Standards.

Existing Sources: All Existing Sources required to comply with newly promulgated Categorical Pretreatment Standards shall submit a report to CWSD within ninety (90) days of the date on which compliance is required with those Standards demonstrating that actual and continuing compliance with such Standards has been achieved.

Such 90-day Compliance Report shall contain at a minimum the information required in Section 6.6, paragraph F., subparagraphs 6, 7, 10, 11, and 12.

24 Hour Notice and 30 Day Re-sampling. If sampling performed by an Industrial User indicates a violation of this Article, the Industrial User shall notify CWSD within twenty-four (24) hours of becoming aware of the violation. The Industrial User shall also repeat the sampling and analysis and submit the results of the repeat analysis to CWSD within thirty (30) days after becoming aware of the violations. The Industrial User is not required to resample if the following occurs: 1. 2.

CWSD performs sampling at the Industrial User’s facility at a frequency of at least once per month.

CWSD performs sampling at the Industrial User’s facility between the time when the Industrial User performs its initial sampling and the time when the Industrial User receives the results of this sampling. It is the sole responsibility of the Industrial User to verify if CWSD has performed this sampling. December 31, 2016 41

Slug/Spill Plans. 1.

Each Industrial User shall provide protection from accidental discharges and slug loads of pollutants regulated under this Article. Facilities to prevent the discharge of spills or slug loads shall be provided and maintained at the Industrial User’s expense.

CWSD shall evaluate whether each Significant Industrial User needs a Spill Prevention and Control Plan or other action to control spills and slug discharges. CWSD may require an Industrial User to develop, submit for approval, and implement a Spill Prevention and Control Plan or take such other action that may be necessary to control spills and slug discharges.

A Spill Prevention and Control Plan shall address, at a minimum, the following: a.

Detailed plans (schematics) showing facility layout and plumbing representative of operating procedures;

Description of contents and volumes of any process tanks;

Description of discharge practices, including non-routine batch discharges;

Listing of stored chemicals, including location and volumes;

Procedures for immediately notifying CWSD of any Spill or Slug Discharge. It is the responsibility of the Industrial User to comply with the reporting requirements in Section 6.14, F.;

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; and

Any other information as required by CWSD.

4. Notice to employees. A notice shall be permanently posted on the Industrial December 31, 2016 42

User’s bulletin board or other prominent place advising employees who to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who work in any area where an accidental or slug discharge may occur or originate are advised of the emergency notification procedures.

Reports of Potential Problems – Slug and Spills. 1.

In the case of any discharge, including, but not limited to, spills, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or a discharge that may cause potential problems for the POTW, the Industrial User shall immediately telephone and notify CWSD of the incident. This notification shall include: a. b. c. d. e. f. g. h. i. j.

Name of the facility Location of the facility Name of the caller Date and time of discharge Date and time discharge was halted Location of the discharge Estimated volume of discharge Estimated concentration of pollutants in discharge Corrective actions taken to halt the discharge Method of disposal if applicable

Within five (5) working days following such discharge, the Industrial User shall, unless waived by CWSD, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the Industrial User to prevent similar future occurrences. Such notification shall not relieve the Industrial 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 Industrial User of any fines, penalties, or other liability which may be imposed pursuant to this Article.

Reports for Non-Significant Industrial Users. If CWSD deems it necessary to assure compliance with provisions of this Article, any Industrial User of the POTW may be required to submit an Industrial Discharge Permit Application, questionnaire or other reports and notifications in a format and timeframe as specified by CWSD.

Signatory Certification. All reports and other submittals required to be submitted to CWSD shall include the following statement and signatory requirements.

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The Authorized Representative of the Industrial User signing any application, questionnaire, any report or other information required to be submitted to CWSD must sign and attach the following certification statement with each such report or information submitted to CWSD.

"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 ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the 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 a fine and imprisonment for knowing violations." 2.

If the 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 authorization satisfying the requirements of this Section and meeting the definition in Article 2 must be submitted to CWSD prior to or together with any reports to be signed by an authorized representative.

Compliance Schedules. Should any schedule of compliance be established in accordance with the requirements of this Article, the following conditions shall apply to such schedule: 1.

The schedule shall contain increments of progress 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 Industrial User to meet the applicable Categorical Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);

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

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to CWSD including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to CWSD.

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Change in Discharge or Operations. Every Significant Industrial User shall file a notification with CWSD a minimum of fourteen (14) days prior to any planned significant change in operations or wastewater characteristics. A significant change shall be a change equal to or greater than twenty percent (20%) in the mass of a pollutant or volume of flow discharged to the POTW. In addition, this notification shall include changes to:

Adding or removing processing, manufacturing or other production operations.

New substances used which may be discharged.

Changes in the listed or characteristic hazardous waste for which the Industrial User has submitted or is required to submit information to CWSD under this Article and 40 CFR Section 403.12 (p) as amended.

Notification of the Discharge of Hazardous Waste. 1.

Any Industrial User shall notify CWSD, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification to CWSD shall be made within the appropriate time frames specified in Section 6.14 paragraphs D, F, and J. Such notification must include: a.

The name of the hazardous waste as set forth at 40 CFR Part 261;

The EPA hazardous waste number;

The type of discharge (continuous, batch, or other);

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;

An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months;

g. December 31, 2016

Certification that the Industrial User has a program in place to reduce the 45

volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical; and h.

Any Industrial User shall notify the EPA Regional Waste Management Division General Manager, and state hazardous waste authorities, in writing, of the discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261 and meets the reporting criteria specified at 40 CFR 403.12(p). Notification to the State and EPA is the responsibility of the Industrial User and shall be made as required under 40 CFR Section 403.12(p). The Industrial User shall copy CWSD on all notifications made to the State and EPA.

In the case of any new regulation under Section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the Industrial User must notify CWSD, 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.

This provision does not create a right to discharge any substance not otherwise allowed to be discharged by this Article, a permit issued hereunder, or any applicable federal or state law.

Section 6.15 A.

Signatory certification as required by Section 6.14, H.

Right of Entry.

Whenever it shall be necessary for the purposes of this Article, CWSD may enter upon any Industrial User’s facility, property, or premises subject to this Article that is located or conducted or where records are required to be kept for the purposes of: 1.

Performing all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable Pretreatment Standards and Requirements by an Industrial User including the taking of photographs. Compliance monitoring and inspection shall be conducted at a frequency as determined by CWSD and may be announced or unannounced;

Examining and copying any records required to be kept under the provisions of this Article or of any other local, state or federal regulation;

Inspecting any monitoring equipment or method, pretreatment system equipment and/or operation;

4. Sampling any discharge of wastewater into POTW; and/or December 31, 2016

Inspecting any production, manufacturing, fabricating or storage area where pollutants, regulated under this Article, could originate, be stored, or be discharged to the POTW.

The occupant of such property or premises shall render all proper assistance in such activities. Where an Industrial User has security measures in place which require proper identification and clearance before entry into its premises, the Industrial User shall make necessary arrangements with its security personnel so that authorized representatives of CWSD will be permitted to enter without delay to perform their specified functions.

The General Manager and other duly authorized agents and employees of CWSD are entitled to enter all private properties through which CWSD or any connecting jurisdiction holds an easement.

Failure to allow entry or unreasonable delays: In the event CWSD or other duly authorized representative of CWSD is refused admission or unreasonably delayed, may result in enforcement action as allowed for under this Article or termination of the wastewater discharge.

Section 6.16 A.

Sector Control Programs

General Requirements. 1.

Authority.

CWSD may establish specific sector control programs for industrial users to control specific pollutants as necessary to meet the objectives of this Article. Pollutants subject to these sector control programs shall generally be controlled using Best Management Practices (BMPs). 2.

Facility Identification and Compliance.

CWSD shall implement procedures to identify industrial users for inclusion into applicable sector control programs. Once identified and included into one or more sector control program, the facility shall be required to comply with the applicable sector control program requirements. 3.

Notification to CWSD by the Industrial User and Management Review.

CWSD shall review new construction and existing facilities undergoing any physical change, change in ownership, change in operations, or other change that could change the nature, properties, or volume of wastewater discharge, to ensure that current sector control program requirements are incorporated and implemented. December 31, 2016

The Industrial User shall inform CWSD prior to: a.

Sale or transfer of ownership of the business; or

Change in the trade name under which the business is operated; or

Change in the nature of the services provided that affect the potential to discharge sector control program pollutants; or

Remodeling of the facility that may result in an increase in flow or pollutant loading or that otherwise requires the facility to submit plans or specifications for approval through a building or zoning department, or any other formal approval process of a city, county, or other jurisdiction.

Inspections. a.

CWSD may conduct inspections of any facility with or without notice for the purpose of determining applicability and/or compliance with sector control program requirements.

If any inspection reveals non-compliance with any provision of a sector control program requirement, corrective action shall be required pursuant to the applicable sector control program.

Inspection results will be provided in writing to the facility.

Closure.

CWSD may require closure of plumbing, treatment devices, storage components, containments, or other such physical structures that are no longer required for their intended purpose. Closure may include the removal of equipment, the filling in and/or cementing, capping, plugging, etc. 7.

Enforcement and Compliance. a.

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These requirements form a part of this Article. Enforcement of this regulation is governed by the express terms herein and the enforcement provisions of Section 6.18. 48

Any extraordinary costs incurred by CWSD due to Interference, damage, Pass Through, or maintenance necessary in the treatment and/or collection system shall be paid by the Industrial User to CWSD. The direct costs of all labor, equipment and materials incurred in rectifying the Interference or damage, including reasonable attorneys fees, shall be billed directly to the owner or the Industrial User by CWSD, and such costs shall become part of the total charges due and owing to CWSD and shall constitute a lien on the Industrial User until paid in full.

Silver Best Management Practices (BMPs) CWSD’s “Best Management Practices for the Treatment and Disposal of Silver Wastes from Photographic Processing Facilities” dated July 21, 2010 is hereby incorporated by reference into this Article and provided in Exhibit B.

Mercury Best Management Practices CWSD’s “Best Management Practices for the Treatment and Disposal of Amalgam Wastes from Dental Facilities” dated July 21, 2010 is hereby incorporated by reference into this Article and provided in Exhibit C.

Fats, Oil and Grease (FOG) and Sand/Oil Separator Best Management Practices CWSD’s “Best Management Practices for the Installation and Maintenance of Grease Interceptors and Sand/Oil Separators” dated July 21, 2010 hereby incorporated by reference into this Article and provided in Exhibit D.

Section 6.17 Program Cost Recovery CWSD may recover the costs incurred by implementing the pretreatment program established by this Article and adopt charges and fees, including, but not limited to the following: A.

Fees for monitoring, inspection and surveillance activities;

Fees for reviewing accidental discharge procedures and construction;

Fees for permit applications;

Fees for filing appeals and other legal expenses;

An industrial surcharge fee as specified in Exhibit A to cover the cost of treating wastewater with higher oxygen demand or solids loadings than in typical domestic wastewater.

Such other fees as CWSD may deem necessary to administer and enforce the

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requirements contained herein.

Section 6.18 Compliance and Enforcement. A.

Enforcement Response Plan. CWSD may adopt policies and procedures as set forth in CWSD’s Enforcement Response Plan for carrying out the provisions of this Article, provided that such policies and procedures are not in conflict with this Article or any applicable state or federal law or regulation.

Publication of Industrial Users in Significant Noncompliance. CWSD 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 Significant Industrial Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance as defined in Article 2 with applicable Pretreatment Standards and Requirements. In addition, any Industrial User found to be in Significant Noncompliance with Article 2, Significant Noncompliance (SNC), paragraphs C, D, or H shall also be published in the newspaper.

Administrative Enforcement Actions. 1.

Notice of Violation (NOV). When CWSD finds that an Industrial User has violated, or continues to violate, any provision of this Article, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, CWSD may serve upon the Industrial User a written Notice of Violation. Within five (5) working days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction of prevention thereof, to include specific required actions, shall be submitted by the Industrial User to CWSD. Submission of such a plan in no way relieves the Industrial 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 CWSD to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

Suspension of Service.

CWSD may suspend the wastewater treatment service and/or revoke an Industrial December 31, 2016 50

Wastewater Discharge Permit (Section 6.9) when such revocation is necessary, in the opinion of CWSD, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes Pass Through or Interference or causes CWSD to violate any condition of its CDPS Permit.

Any person notified of a suspension of the wastewater treatment service and/or the Industrial Wastewater Discharge Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, CWSD shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to individuals or the environment. CWSD may reinstate the Industrial Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the Industrial User describing the causes of the harmful contribution and the measure taken to prevent any future occurrence shall be provided to CWSD within five (5) days of the date of occurrence. 3.

Administrative Compliance Order. When CWSD finds that an Industrial User has violated, or continues to violate, any provision of this Article, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, CWSD may issue an order to the Industrial User responsible for the discharge directing that the Industrial User come into compliance within a specific time. If the Industrial 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 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 Industrial 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 Industrial User.

Consent Orders.

CWSD may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any Industrial User responsible for noncompliance. Such documents shall include specific actions to be taken by the Industrial User to correct the noncompliance within a time period specified by the December 31, 2016 51

document. A consent order may include penalties, supplemental environmental projects, or other conditions and requirements as agreed to by CWSD and the Industrial User.

Show Cause Hearing. a.

CWSD may order any Industrial User who causes or allows an unauthorized discharge to enter the POTW to show cause before the Board why the proposed enforcement action should not be taken. A notice shall be served on the Industrial User specifying the time and place of a hearing to be held by the Board regarding the violation, the reasons why the proposed action is to be taken, and directing the Industrial User to show cause before the Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or be sent by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

The Board may itself conduct the hearing and take the evidence, or it may designate one or more of its members to take the following actions:

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Issue in the name of the Board, hearings and subpoenas requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings, and the General Manager or the Industrial User may petition the Municipal Court to enforce any subpoena issued pursuant to this Section through the Court's contempt powers.

ii.

Receive evidence from both the Industrial User and the General Manager on any relevant issue involved in such hearings, provided however, that the Colorado Rules of Evidence shall not apply strictly to such evidence.

iii.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for final action thereon.

At any hearing held pursuant to the article, testimony taken must be under oath and recorded. The transcript of testimony will be made available to any member of the public and any party to the hearing upon payment of reasonable charges for the preparation thereof. The hearing may be suspended or continued from time to time in the discretion of the presiding officer, provided that all evidence is received and the hearing is closed 52

within sixty (60) days after it is commenced. d.

After the Board has reviewed the evidence, it may issue an order to the Industrial User responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate

treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate to correct the violation may be issued. 6.

Administrative Fines. a.

When CWSD finds that an Industrial User has violated, or continues to violate, any provision of this Article, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, CWSD may fine such Industrial User in an amount not to exceed one thousand dollar ($1,000) per day per violation. 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.

A lien against the Industrial User’s property shall be sought for unpaid charges, fines, and penalties.

Industrial users desiring to appeal such fines must file a written request for CWSD to reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified of the fine. Such notice or appeal shall set forth the nature of the order or determination being appealed, the date of such order or determination, the reason for the appeal, and request a hearing pursuant to procedures outlined in Section 6.18, C.5.

Issuance of an administrative fine shall not be a bar against, or prerequisite for, taking any other action against the Industrial User.

Judicial Enforcement Remedies. 1.

Injunctive Relief.

When CWSD finds that an Industrial User has violated, or continues to violate, any provision of this Article, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, CWSD may petition the Douglas County District Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the Industrial Wastewater Discharge Permit, order, or other December 31, 2016 53

requirement imposed by this Article on activities of an Industrial User. CWSD may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the Industrial 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 an Industrial User.

Civil Penalties. a.

An Industrial User who has violated, or continues to violate, any provision of this Article, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to CWSD for a maximum civil penalty not to exceed one thousand dollars ($1,000) per day per violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.

CWSD 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 CWSD.

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 Industrial User’s violation, corrective actions by the Industrial User, the compliance history of the Industrial User, and any other factor as justice requires.

Actions for civil penalties shall be civil actions brought in the name of CWSD. Such actions shall be administered pursuant to the Rules of County Court Civil Procedure, except Rules 313, 338, 339, 347, 348, 351.1, 365 and 398 shall not apply. All trials shall be to the court and all trials shall be held within CWSD. CWSD must prove alleged violations by a preponderance of the evidence.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against an Industrial User.

Civil Fine Pass Through. In the event that an Industrial User discharges such pollutants which cause CWSD to violate any condition of its CDPS permit and CWSD is fined by the EPA or the State for such violation, then such Industrial User shall be fully liable for the total amount of the fine assessed against CWSD by the EPA and/or the State.

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Remedies Nonexclusive. The remedies provided for in this Article are not exclusive of any other remedies that CWSD may have under the provisions of Colorado law. CWSD may take any, all, or any combination of these actions against a noncompliant Industrial User. Enforcement of pretreatment violations will generally be in accordance with the Enforcement Response Plan. However, CWSD may take other action against any Industrial User when the circumstances warrant and may take more than one enforcement action against any noncompliant Industrial User.

Section 6.19 Affirmative Defenses to Discharge Violations. A.

Upset. 1.

For the purposes of this Article, 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 Industrial User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of paragraph (3) below are met.

An Industrial User who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: a.

An upset occurred and the Industrial User can identify the cause(s) of the upset;

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

The Industrial User has submitted the following information to CWSD 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):

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A description of noncompliance;

the

Indirect

Discharge

and

cause

ii.

The period of noncompliance, including exact dates and times or, 55

if not corrected, the anticipated time the noncompliance is expected to continue; and iii.

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

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

Industrial 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.

Industrial users shall control (decrease) 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.

Prohibited Discharge Standards. An Industrial User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 6.4 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 local limit exists for each pollutant discharged and the Industrial User was in compliance with each limit directly prior to, and during, the Pass Through or Interference; or

No local limit exists, but the discharge did not change substantially in nature or constituents from the Industrial User’s prior discharge when CWSD was regularly in compliance with its CDPS permit, and in the case of Interference, was in compliance with applicable sludge use or disposal requirements; or

The Industrial User disclosed the pollutants causing the violation in the Wastewater Permit Application.

Bypass 1.

For the purposes of this Subsection:

a. December 31, 2016

Bypass means the intentional diversion of wastestreams from any portion 56

of an Industrial User's treatment facility. b.

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. Bypass not violating applicable Pretreatment Standards or Requirements. An Industrial 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 3. and 4. of this Section but are reportable under Section 6.14, paragraphs A, D, F, J and K, as appropriate. Notice. a.

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

An Industrial User shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to the Director within twenty four (24) hours from the time the Industrial User becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the Industrial 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 Director may waive the written report on a case-by-case basis if the oral report has been received within twenty four (24) hours.

Prohibition of Bypass. a.

Bypass is prohibited, and the Director may take enforcement action against an Industrial User for a bypass, unless; i. ii.

December 31, 2016

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 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 preventative maintenance; and 57

iii. b.

December 31, 2016

The Industrial User submitted notices as required under paragraph 3 of this Section.

The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three (3) conditions listed in paragraph 4.a. of this Section.