(A) Twenty-four-hour notification/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Wastewater Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Wastewater Superintendent within 30 days after becoming aware of the violation.
(B) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Wastewater Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the user.
(2) Within ten days following such discharge, the user shall, unless waived by the Wastewater Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
(3) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (B)(1) above. Employers shall ensure that all employees who are in a position to cause, discover, or observe such an accidental discharge are advised of the emergency notification procedures.
(C) Reports of changed conditions. All industrial users must notify the Wastewater Superintendent of any planned significant changes to the user’s operations or system which will alter the volume or characteristics of its wastewater, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under division (D) below at least 30 days before the change. Industrial users described in division (C)(5) below are subject to additional notification of change reporting procedures.
(1) For purposes of this requirement, SIGNIFICANT CHANGES include, but are not limited to, flow increases of 20% or greater, and/or the discharge of any previously unreported pollutants.
(2) The Wastewater Superintendent may require the user to submit information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 51.122 of this chapter.
(3) The Wastewater Superintendent may issue a wastewater discharge permit under § 51.122 of this chapter or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
(4) No user shall implement the planned changed condition(s) until and unless the Wastewater Superintendent has responded to the industrial user’s notice.
(5) Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the Wastewater Superintendent within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month.
(D) Notification of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Wastewater Superintendent, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user; an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste-stream discharged during that calendar month, and a estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under division (C) below. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirement of § 51.125(B) through (D) of this chapter.
(2) Discharges are exempt from the requirements of division (A), above, during a calendar month in which the discharge is no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes (in a calendar month, or of any quantity of acute hazardous wastes) as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), require a onetime notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under § 3001 of RCRA, being 42 U.S.C. §§ 6901 et seq., identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Wastewater Superintendent, the EPA Regional Waste Management Waste Division Wastewater Superintendent, and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) All industrial users permitted by the city shall make a one time notification to the Wastewater Superintendent on the city’s “Hazardous Waste Notification Form” stating if the company is subject to the reporting conditions in divisions (D)(1) and (D)(2) above.
(6) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(E) Reports from non-permitted users.
(1) All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Wastewater Superintendent as the Wastewater Superintendent may require.
(2) Written reports required under any section of this chapter will be deemed to have been submitted on the date post-marked. For reports which are not marked, or do not show a postmark, the date of receipt of the report shall govern.
(Ord. 2009-02, passed 5-12-2009) Penalty, see § 51.999