General prohibitions. No user shall introduce or cause to be introduced into the wastewater treatment plant any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all users of the wastewater treatment plant whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. The city shall make and enforce rules and regulations establishing the types and characteristics of sewage and industrial wastes admissible to the system only after pretreatment, requisites for pretreatment, and otherwise governing the discharge of sewage, industrial wastes and other matter into the system in the interest of safety and efficient operation of the wastewater treatment plant. The city may require the discharger to recover all costs incurred by the city for monitoring, inspections, and surveillance. At a minimum, the following limitations apply.
(A) Federal requirements. National categorical pretreatment standards as promulgated by the U.S. Environmental Protection Agency (USEPA), pursuant to the Act shall be met by all industrial users which are subject to such standards.
(B) State requirements. State requirements and limitations on discharges to the wastewater treatment plant shall be met by all dischargers which are subject to those standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter or any other applicable resolution.
(C) Local requirements. No discharger shall discharge or cause or allow to be discharged into the sewerage system any pollutant in concentrations above those specifically permitted in a wastewater discharge permit issued by the city. Discharge permits shall impose concentrations limits and/or loading limits where appropriate. In the absence of such specific wastewater discharge permit conditions, no user shall discharge any of the pollutants in this chapter, except as such pollutants may occur, and only in the concentrations such pollutants may occur, in the potable water supplied to the premises. Discharge of any pollutants allowed by permit shall not exceed the limitations described in division (N).
(D) Tabulation of the chemical analysis. An industry must, upon application for sewer service, present to the City of Bowling Green, a tabulation of the chemical analysis of the wastes to be discharged to the sewerage system and the volume of such waste, or, if this is not available, the expected waste analysis, based upon similar processes now in operation.
(E) Industrial discharge permit. It shall be unlawful to discharge industrial wastes to the wastewater treatment plant without first making application for and complying with requirements stipulated in a wastewater discharge permit issued by the wastewater treatment plant superintendent.
(F) Application. All industrial users subject to the national categorical pretreatment standards and other users as may be required by the wastewater treatment plant superintendent shall submit an application for an industrial discharge permit to the wastewater treatment plant superintendent. Each application shall include:
(1) Name and address of applicant;
(2) A list of any environmental control permits held by the facility;
(3) A description of operations, including the nature, rate of production and standard industrial classification (SIC) or the North American Industry Classification System code of the operation(s). This description shall include a schematic process diagram that indicates the point(s) of discharge to the wastewater treatment plant;
(4) Measured average daily and maximum flows of regulated process waste streams and other non-regulated waste streams. New sources shall give estimates;
(5) Results of sampling and analysis of regulated pollutants from each regulated process. For pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics a minimum of four grab samples must be analyzed. For all other pollutants a minimum of one 24-hour flow proportional composite sample must be obtained. Samples should be taken immediately downstream of pretreatment facilities if such exist or immediately downstream of regulated processes if no pretreatment facilities exist. The samples shall be representative of the daily operations;
(6) Raw materials utilized and their amounts;
(7) Type and amount of product produced. For industrial users subject to equivalent mass or concentration limits established by the city engineer, this report shall include a reasonable measure of the user’s long-term production rate. For industrial users subject to production based standards, this report shall include the user’s actual production during the appropriate sampling period;
(8) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment according to the conditions in this chapter; and
(9) A certification statement must be signed by an authorized representative of the industrial user verifying the above data is correct as specified in 40 C.F.R. 403.6(a)(2)(i).
(G) Industrial discharge permit conditions. Permittees shall be expressly subject to all provisions of this chapter and any other applicable regulations, user charges and fees established by the city. Permits may contain the following specific conditions:
(1) Statement of duration including issuance and expiration dates;
(2) Limits on average and maximum allowable levels of wastewater discharge constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulation or equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(5) Specifications for monitoring program which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting requirements;
(6) Schedules for attaining compliance;
(7) Requirements for submission of technical reports or discharge reports. Requirements for developing and implementing spill and slug control plans;
(8) Applicable charge and fees; and
(9) Other conditions as deemed necessary by the wastewater treatment plant superintendent to ensure compliance with this chapter.
(H) Non-transferability. Industrial discharge permits are issued to a specific industrial discharger for a specific operation. An industrial discharge permit shall not be reassigned, transferred or sold to a new owner, industrial discharger or different premises without written consent from the Board of Utilities.
(I) Permit revisions. The city reserves the right to amend any industrial discharge permit issued hereunder in order to assure compliance by the city with applicable pretreatment standards and requirements. Industrial users with an effective permit shall be informed of any proposed changes to the permit at least 30 days prior to the effective date of any such changes. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(J) Industrial discharge permit duration. The first permit to an industrial user shall last for a period of three years before required renewal. Supplemental renewals can be renewed from two to four years at the will of the wastewater treatment plant superintendent. At the city's discretion, the duration of a permit may be extended. In no case shall a permit duration exceed five years.
(K) Damaging character of sewage or industrial waste. In cases where the character of sewage or industrial waste from any manufacturing or industrial plant, building or premises is such that it will damage the sewerage system or cannot be treated satisfactorily at the wastewater treatment plant, the wastewater treatment plant superintendent shall compel such users to dispose of such waste and prevent it from entering the sewerage system.
(L) Where the character of the sewage or industrial waste poses an unreasonable burden. In cases where the character of the sewage or industrial waste from any manufacturing or industrial plant, building or premises is such that it imposes an unreasonable burden upon the sewage collection, pumping, or treatment works greater than that imposed by the average sewage entering the sewerage system, the wastewater treatment plant superintendent may: compel such manufacturing or industrial plant building or premises to pre-treat such sewage in such manner as specified by the wastewater treatment plant superintendent before discharging it into the sewerage system, require flow control or equalization of such wastes so as to avoid any “slug” loads or excessive loads that may be harmful to the treatment works, or require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes.
(M) Evaluation. The Superintendent shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Superintendent may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following: A. Description of discharge practices, including nonroutine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the Superintendent of any accidental or slug discharge; and D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(N) Discharge of nonacceptable industrial wastewater into the sewerage system. The discharge of nonacceptable industrial wastewater into the sewerage system, whether directly or indirectly, is prohibited. Wastewater shall be deemed non acceptable when the concentrations of harmful or toxic substances include, but are not necessarily limited to the local limits most recently approved by the Ohio EPA and maintained by the Superintendent.
(O) Specific prohibitions. No person shall discharge or cause to be discharged, either directly or indirectly to the sewerage system, any of the following described substances, materials, waters or wastes:
(1) Pollutants including parameters listed under § 50.11(A)(1) through (A)(7) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(2) Any liquid or vapor having a temperature higher than 150°F;
(3) Any products of mineral oil origin, nonbiodegradable cutting oil, petroleum oil, motor oil, gasoline, benzene, naphtha, fuel oil, or other volatile flammable or explosive liquid, solid or gas;
(4) Any noxious or malodorous gas or substance which, either singly, or by interaction with other wastes, is capable of creating a public nuisance or a hazard to life or of preventing entry into the sewers for their maintenance and repair;
(5) Any water or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property of causing damage or hazard to structures, equipment or personnel of the sewerage system;
(6) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime or chemical or paint residues, cannery waste bulk solids, or any other solid objects or viscous substance capable of causing obstruction to the flow operation of the sewerage system;
(7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewerage system;
(8) Any water or wastes containing fats, oil, or greases of animal or vegetable origin in concentrations greater than 35 mg/l;
(9) Any garbage that has not been properly shredded to a degree that all particles will be carried freely under the flow conditions of the sewer and with no particle greater than one-half inch in any dimension;
(10) Any water or wastes containing suspended solids of such character or quality that unusual attention or expense is required to handle such materials at the sewage treatment plant;
(11) Any water or wastes that are used in an attempt to dilute a discharge, to substitute partially or completely for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate;
(12) Any water or wastes which create a fire or explosive hazard in the wastewater treatment plant,
including, but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 C.F.R. 261.21;
(13) Any water or wastes which impart color, which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solution, which consequently imparts color to the treatment plant’s effluent, thereby violating the city’s NPDES permit;
(14) Any water or wastes causing, alone or in conjunction with other sources, the wastewater treatment plant’s effluent to fail a toxicity test; or
(15) Any water or wastes causing excessive foaming, such as, but not limited to detergents, surface-active agents, or other substances, at the wastewater treatment plant. The above list is subject to revisions as required to meet current water quality standards imposed by state or federal agencies.
(16) Any trucked or hauled pollutants, except at discharge points designated by the Superintendent.
(P) Statement. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment; such agreement may not violate the national categorical pretreatment standards. In all such cases the provisions set forth in this chapter, establishing sewer service charges will be governing factors in any contracts entered into.
(Q) Injunctive relief. When the Superintendent finds that a user has violated, or continues to violate, any provision of §§ 50.10 through 50.31 of this chapter, an individual wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the appropriate court with jurisdiction through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this subchapter on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(R) Penalties.
(1) Recovery of costs incurred by the City. Any user violating any of the provisions of Chapter 50 of the Code of Ordinances of the City of Bowling Green, or who discharges or causes a discharge producing a deposit or obstruction or causing damage to or impairing the City's wastewater collection and treatment system shall be liable to the City for any expense, loss, or damage caused by such violation or discharge. Refusal to pay the assessed costs shall constitute a violation of Chapter 50.
(2) Falsifying information. Any person who knowingly makes false statement, representation, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to Chapter 50, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required or authorized under Chapter 50, shall upon conviction be punished by the imposition of a civil penalty of not more than $1,000 per violation per day or by imprisonment for not more than six months, or by both.
(3) Civil penalties. Any user found to have violated any order of the City or who has failed to comply with any provision of Chapter 50, the regulations or rules of the City or orders of any court of competent jurisdiction may be subjected to the imposition of a civil penalty. Except as otherwise provided, any person, firm, or corporation violating any provision of Chapter 50 shall be fined no less than $1,000. A separate offense shall be deemed committed each day during or on which the offense occurs or continues. After the second conviction, the City shall discontinue the service of the wastewater collection and treatment system to said violator.
(4) Criminal penalties. Any person who shall continue any violation of Chapter 50 beyond the time limit provided for in Chapter 50 shall be guilty of a minor misdemeanor. Each day in which any violation shall continue shall be deemed a separate offense.
(S) Remedies nonexclusive. The remedies provided for in this subchapter are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any noncompliant user.
(1980 Code, § 50.31) (Ord. 3928, passed 12-17-1979; Am. Ord. 7520, passed 2-6-2006; Am. Ord. 8840, passed 4-20-2020; Am. Ord. 9078, passed 3-20-2023)