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Users shall inform the WRA Director within one hour of becoming aware of an upset in operations that places it in a temporary state of noncompliance with the pollutant limits in this chapter. Users shall provide a follow-up written report to the Director within five (5) days. The report must demonstrate that the pretreatment facility was being operated in a prudent and appropriate manner and shall contain:
1. A description of the upset, its cause(s), and impact on the user's compliance status.
2. The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored.
3. All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.
1. Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury, or severe property damage or no feasible alternatives exist such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment down time.
2. The user may allow a bypass to occur which does not cause a violation of pretreatment standards, but only if it is for essential maintenance to assure efficient operation.
3. Notification of Bypass:
A. Anticipated Bypass. If the user knows in advance of the need for a bypass, it shall submit prior written notice, at least ten (10) days before the date of the bypass, to the WRA Director.
B. Unanticipated Bypass. The user shall immediately notify the Director and submit a written report to the WRA within five (5) days. This report shall specify:
(1) A description of the bypass, its cause and the duration;
(2) Whether the bypass has been corrected;
(3) The steps being taken or to be taken to reduce, eliminate and prevent a reoccurrence of the bypass.
Proper notification shall not relieve the user of liability for treatment costs and fees or other remedies as provided for in Section 100.12.
To provide for the recovery of costs from users of the POTW and for the implementation of the pretreatment program established by this chapter, the following fees shall be applicable to discharges by all users:
1. All users shall be subject to the following fees and charges:
A. The one-time wastewater discharge permit application fee shall be $200.00 for a Class A permit, and $100.00 for a Class B permit.
B. The annual fee for a Class A wastewater discharge permit, including annual inspection of permitted users, shall be $1,500.00.
C. The annual fee for a Class B wastewater discharge permit, including annual inspection of permitted users if completed or applicable, shall be $750.00.
D. The fee paid by each industrial user when an accidental discharge or slug load occurs shall be the total costs incurred by the WRA as a result of said discharge or load. Said fee may be charged by the WRA separately from and in addition to a civil penalty of up to $1,000.00 charged to the user under Section 101.39 of this Article related to said discharge or load.
E. The trip charge for sampling or inspecting a user's discharge is $50.00 per event. An equipment fee of $50.00 per event shall also apply when using a WRA-owned automatic sampler. When a sampling or inspection event must be rescheduled due to failure of the user's sampling equipment, a sampler seal (used to detect sample tampering) being broken, monitoring facilities not being readily accessible or operational, or any other reason beyond the control of the WRA, a trip charge of $50.00 shall be assessed.
F. Laboratory analysis fees for those analyses performed by the WRA shall be:
LABORATORY ANALYSIS FEES | |
Test | Cost/Sample |
LABORATORY ANALYSIS FEES | |
Test | Cost/Sample |
BOD | $20.00 |
COD | $20.00 |
TOC | $20.00 |
TSS | $10.00 |
pH | $5.00 |
FOG, Total | $35.00 |
FOG, Mineral/Non-mineral | $35.00 |
Nitrogen, Ammonia | $15.00 |
Nitrogen, Nitrate | $15.00 |
TKN | $30.00 |
Phosphorous, Total | $25.00 |
Potassium | $12.00 |
Calcium Carbonate Equivalent | $15.00 |
Soil Analysis – each pollutant | $20.00 |
Phenols | $28.00 |
Cyanide | $30.00 |
Metals: | |
Arsenic | $20.00 |
Selenium | $20.00 |
Mercury | $25.00 |
Other metals (per parameter) | $15.00 |
BETX (OA-1) | $40.00 |
VPH (OA-1) | $40.00 |
BETX and VPH (OA-1) | $45.00 |
U.S. EPA Tests: | |
608 Organochlorine Pesticides and PCBS | $70.00 |
624 Volatile Organic Compounds | $140.00 |
625 Base/Neutral Organic Compounds and/or Acid/Organic Compounds | $290.00 |
G. Fees for analysis performed by laboratories other than the WRA laboratory shall be the full cost of each analysis.
H. Fees for rescheduling a scheduled inspection with WRA personnel, with less than 24 hours' notice or if appropriate facility managers are unavailable at the scheduled time of inspection, shall be $100.00 per rescheduled inspection.
I. Fees for copying and mailing documents shall be $1.00 for the initial page and $0.25 for each additional page plus postage. No charges shall be assessed for requests for copies received from individuals or agencies served by the WRA provided the number of pages requested does not exceed ten.
J. Fees for past due reminders sent each thirty (30) days that a balance remains unpaid shall be $5.00.
K. Prohibitive waste charges for each pollutant discharged in excess of permit or ordinance limits shall be $50.00 per violation for Class B permit holders and $100.00 per violation for Class A permit holders. Charges shall double if discharges exceed slug threshold values. Payment of fees does not preclude other enforcement action and may not be paid in lieu of compliance with discharge limitations.
L. At the WRA's discretion, administrative cost recovery fees may be assessed separately to a user or added to a user's disposal fee for actions or occurrences subject to Chapter 102 of this Code which result in the need for additional labor, equipment, and/or materials from the WRA or its contractors, including but not limited to cleanup of spills, infrastructure maintenance, improper scale transactions, improper disposal, and waste source verification. Fees shall be assessed based on the actual costs incurred by the WRA, or on the estimated costs incurred by the WRA rounded down to the nearest multiple of twenty based on actual rates for labor, materials, and equipment with a minimum fee of not less than $20.00. Fees under this Section L will be charged in addition to charges, fines, fees, or other costs associated with rejected, unapproved, or atypical wastes under Sections 102.09 and 102.11of this chapter.
2. All users contributing wastewater in excess of the concentrations hereafter listed shall be assessed a surcharge, which shall be in addition to the rates and charges ordinarily billed to such users for sewer use. Commencing October 1, 2022, until June 30, 2025, surcharges shall be assessed in accordance with the following rate schedule:
Surcharge per Pound of Pollutant for the Period: | |||
Pollutant | 10/1/2022 - 6/30/2023 | 7/1/2023 - 6/30/2024 | 7/1/2024 - 6/30/2025 |
Total suspended solids in excess of 250 mg/l | $0.18 | $0.20 | $0.22 |
BOD or CBOD in excess of 200 mg/l | 0.14 | 0.17 | 0.21 |
TKN in excess of 30 mg/l | 0.55 | 0.49 | 0.42 |
Oil and grease in excess of 100 mg/l | 0.08 | 0.10 | 0.11 |
Commencing on July 1, 2025, surcharge rates listed in the above table shall be annually adjusted as of July 1 of each year to increase two percent per annum rounded to the nearest whole cent.
Chemical Oxygen Demand (COD) in excess of 300 mg/l may be used at the discretion of the WRA Director in lieu of BOD. In such case the excess COD concentration shall be multiplied by the known CBOD/COD ratio or by a ratio of two-thirds (2/3) to establish an equivalent CBOD concentration.
Ammonia Nitrogen (NH 3 -N) in excess of 15 mg/l may be used at the discretion of the WRA Director in lieu of TKN by multiplying the excess NH 3 -N concentration times two (2) to establish an equivalent TKN concentration.
(Ord. 2118 - Sep. 22 Supp.)
3. The establishment and imposition of new or different fees or charges, in addition to or in substitution for those provided above in this section, shall be by ordinance amending this chapter. The amounts of the fees and charges established in this section shall be and remain in effect until such time as the WRA Board shall by resolution revise said fee amounts. Said revised fees and charges shall take effect after the Board causes said resolution to be sent to the Council and thereafter causes same to be published in a newspaper of general circulation in each county in which participating communities are located.
Discharge permit classifications shall be as follows:
1. Class A Permit – Issued to users discharging 25,000 gallons per day or more of process wastewater (excludes sanitary, non-contact cooling, and boiler blowdown).
2. Class B Permit – Issued to users discharging less than 25,000 gpd of process wastewater.
1. All new industrial users shall notify the WRA Director of the nature and characteristics of their proposed discharge 180 days prior to commencing discharge. A notification form prescribed by the WRA shall be used for this purpose.
2. Significant users shall discharge wastewater, either directly or indirectly, into the POTW only after obtaining a wastewater discharge permit from the WRA Director. Obtaining a wastewater discharge permit does not relieve a user of the obligation to obtain other permits required by Federal, State, or local law.
3. Other users, including waste haulers, shall obtain permits as required by the WRA Director.
Users applying for a wastewater discharge permit or categorical users submitting a baseline monitoring report shall submit the following information as required by 40 CFR 403.12 or by the WRA Director:
1. Users applying for a wastewater discharge permit must submit an application form prescribed by the WRA and accompanied by the application fee. All new significant users must submit such application 180 days prior to the date of any wastewater discharge.
2. Existing users subject to new NCPS must, within 180 days after the effective date of the standard, submit a baseline monitoring report prescribed by the WRA. New users subject to the National Categorical Pretreatment Standards must submit a baseline monitoring report prescribed by the WRA at least 90 days prior to commencement of discharge to the POTW. A baseline monitoring report shall include:
A. Name, address, and location of facility (if different from the mailing address).
B. Name of the operator and owners of the facility.
C. A list of all environmental control permits held by or for the facility.
D. A description of the operations including the average rate of production, applicable Standard Industrial Classification (SIC) codes, schematic process diagrams, and points of discharge to the POTW from regulated processes.
E. Daily average and daily maximum flow measurements for regulated process waste streams and nonregulated waste streams where necessary.
F. The categorical user shall identify the pretreatment standards applicable to each regulated process and shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required) of pollutants contained therein which are limited by the applicable pretreatment standards from each regulated process.
G. The user shall take a minimum of one representative sample immediately downstream of any pretreatment facility or immediately downstream of each regulated process if no pretreatment exists and prior to mixing with other waste to compile that data necessary to comply with this requirement. If non-regulated wastewater is mixed with regulated wastewater prior to pretreatment, the user must measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with 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 WRA director. Sampling and analysis shall be performed in accordance with 40 CFR 136 or other verified method approved by the WRA director.
H. The time, date, and place of sampling, methods of analysis, and certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
I. Historical data may be allowed by the WRA director so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
J. Certification by an authorized representative of the user as referenced in Section 100.30 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 or additional pretreatment is required for the user to meet pretreatment standards and requirements.
K. If additional pretreatment or O&M will be required to meet pretreatment standards, requirements, discharge limits as set forth in Sections 100.09, 100.10 and 100.11 of this Article, or any other limit set by the WRA director, the user shall supply a compliance schedule indicating the shortest time schedule necessary to accomplish installation or adoption of such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions apply to this 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 user to meet the applicable pretreatment standards. Such schedule shall include, where applicable, but shall not be limited to dates for the hiring of an engineer, completing preliminary plans, executing contracts for major components, commencing construction, beginning operation, and conducting routine operations.
(2) No increment referred to in Subsection 2.K(1) of this Section shall exceed nine months, nor shall the total compliance period exceed 18 months.
(3) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the WRA director, including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the WRA director.
L. A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants required, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The WRA director may waive flow-proportional composite sampling for any user who demonstrates that flow-proportional sampling is not feasible. In such cases, samples may be obtained through time-proportional techniques or through a minimum of four grab samples where the user demonstrates that such sampling will provide a representative sample of the effluent being discharged.
3. New significant users not subject to categorical standards shall submit analysis of wastewater representative of the effluent discharged to the POTW as required in subsections 2.G-I of this Section for all parameters deemed necessary by the WRA director.
4. New or existing industrial users not subject to categorical pretreatment standards who fail to meet local, state, or federal pretreatment standards or other permit requirements on a consistent basis shall be subject to compliance schedules for additional pretreatment or O&M as outlined in subsection 2.K of this section.
5. All applications and reports must contain the certification statement and be signed in accordance with Section 100.30.
(Ord. 2118 - Sep. 22 Supp.)
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