CHAPTER 53: INDUSTRIAL WASTEWATER PRETREATMENT
Section
General Provisions
   53.001   Purpose; policy
   53.002   Definitions
   53.003   Abbreviations
General Sewer Use Requirements
   53.020   Prohibited discharge standards
   53.021   National categorical pretreatment standards
   53.022   State pretreatment standards
   53.023   Local limits
   53.024   City's right of revision
   53.025   Dilution
Pretreatment of Wastewater
   53.035   Pretreatment facilities
   53.036   Additional pretreatment measures
   53.037   Accidental discharge/slug control plans
   53.038   Hauled wastewater
Wastewater Discharge Permit Application
   53.045   Wastewater analysis
   53.046   Permit required
   53.047   Existing connections
   53.048   New connections
   53.049   Application
   53.050   Application signatories and certification
   53.051   Wastewater discharge permit decisions
Wastewater Discharge Permit Issuance Process
   53.060   Duration
   53.061   Contents
   53.062   Wastewater discharge permit appeals
   53.063   Modification of permit
   53.064   Transfer of permit
   53.065   Revocation of permit
   53.066   Reissuance of permit
   53.067   Regulation of waste received from other jurisdictions
Reporting Requirements
   53.075   Baseline monitoring report
   53.076   Compliance schedule progress reports
   53.077   Reports on compliance with categorical pretreatment standard deadline
   53.078   Periodic compliance reports
   53.079   Reports of changed conditions
   53.080   Reports of potential problems
   53.081   Reports from unpermitted users
   53.082   Notice of violation/repeat sampling and reporting
   53.083   Notification of the discharge of hazardous waste
   53.084   Analytical requirements
   53.085   Sample collection
   53.086   Timing
   53.087   Record keeping
Compliance Monitoring
   53.100   Right of entry: inspection and sampling
   53.101   Search warrants
Confidential Information
   53.110   Confidential information
Publication of Users in Significant Noncompliance
   53.120   List of users in significant noncompliance
Administrative Enforcement Remedies
   53.130   Notification of violation
   53.131   Consent orders
   53.132   Show cause hearing
   53.133   Compliance orders
   53.134   Cease and desist orders
   53.135   Administrative fines
   53.136   Emergency suspensions
   53.137   Termination of discharge
Supplemental Enforcement Action
   53.145   Performance bonds
   53.146   Liability insurance
   53.147   Water supply severance
   53.148   Public nuisances
   53.149   Informant rewards
   53.150   Contractor listing
Affirmative Defenses to Discharge Violations
   53.160   Upset
   53.161   Prohibited discharge standards
   53.162   Bypass
Pretreatment Charges and Fees
   53.170   Charges; fees
Administration and Enforcement
   53.180   Director of Public Works to administer and enforce provisions
Judicial Enforcement Remedies
   53.997   Injunctive relief
   53.998   Remedies nonexclusive
 
   53.999   Penalty
GENERAL PROVISIONS
§ 53.001 PURPOSE; POLICY.
   (A)   This chapter sets forth uniform requirements for users of the Publicly Owned Treatment Works for the City of Camden and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code §§ 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this chapter are:
      (1)   To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;
      (2)   To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works;
      (3)   To protect Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
      (4)   To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;
      (5)   To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and
      (6)   To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the Publicly Owned Treatment Works is subject.
   (B)   This chapter shall apply to all users of the Publicly Owned Treatment Works. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established here.
(Ord., passed 11-28-95)
§ 53.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "ACT" or "THE ACT." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 88 U.S.C. §§ 1251 et seq.
   "APPROVAL AUTHORITY." South Carolina Department of Health and Environmental Control.
   "AUTHORIZED REPRESENTATIVE OF THE USER."
      (1)   If the user is a corporation:
         (a)   The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
         (b)   The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
         (2)   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
         (3)   If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
         (4)   The individuals described in divisions (1) through (3) of this definition, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
   "BIOCHEMICAL OXYGEN DEMAND (BOD)." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 200° centigrade, usually expressed as a concentration (e.g., mg/l).
   "CATEGORICAL PRETREATMENT STANDARD" or "CATEGORICAL STANDARD." Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
   "CITY." The City of Camden or the City Council of Camden.
   "DIRECTOR OF PUBLIC WORKS." The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
   "ENVIRONMENTAL PROTECTION AGENCY (EPA)." The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
   "EXISTING SOURCE." Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
   "GRAB SAMPLE." A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
   "INDIRECT DISCHARGE" or "DISCHARGE." The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
   "INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT." The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
   "INTERFERENCE." A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title 11 commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
   "MEDICAL WASTE." Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
   "NEW SOURCE."
      (1)   Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
         (a)   The building, structure, facility, or installation is constructed at a site at which no other source is located; or
         (b)   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
         (c)   The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
      (2)   Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of division (1)(b) of this section but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   Construction of a new source as defined under this definition has commenced if the owner or operator has:
         (a)   Begun, or caused to begin, as part of a continuous onsite construction program:
            1.   Any placement, assembly, or installation of facilities or equipment; or
            2.   Significant site preparation work including cleaning, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
         (b)   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
   "NONCONTACT COOLING WATER." Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   "PASS THROUGH." A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.
   "PERSON." Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
   "pH." A measure of the acidity or alkalinity of a solution, expressed in standard units.
   "POLLUTANT." Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
   "PRETREATMENT." The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard
   "PRETREATMENT REQUIREMENTS." Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
   "PRETREATMENT STANDARDS" or "STANDARDS." Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
   "PROHIBITED DISCHARGE STANDARDS" or "PROHIBITED DISCHARGES." Absolute prohibitions against the discharge (certain substances; these prohibitions appear in § 53.020.
   "PUBLICLY OWNED TREATMENT WORKS (POTW)." A "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
   "SEPTIC TANK WASTE." Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   "SEWAGE." Human excrement and gray water (household showers, dishwashing operations, and the like).
   "SIGNIFICANT INDUSTRIAL USER."
      (1)   A user subject to categorical pretreatment standards; or
      (2)   A user that:
         (a)   Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
         (b)   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
      (3)   Upon a finding that a user meeting the criteria in division (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f) (6), determine that such user should not be considered a significant industrial user.
   "SLUG LOAD" or "SLUG." Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 53.020.
   "STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE." A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
   "STORM WATER." Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
   "SUSPENDED SOLIDS." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
   "USER OR INDUSTRIAL USER." A source of indirect discharge.
   "WASTEWATER." Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
   "WASTEWATER TREATMENT PLANT" or "TREATMENT PLANT." That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord., passed 11-28-95)
§ 53.003 ABBREVIATIONS.
   Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:
   "BOD." Biochemical Oxygen Demand.
   "CFR." Code of Federal Regulations.
   "COD." Chemical Oxygen Demand.
   "EPA." U.S. Environmental Protection Agency.
   "gpd." Gallons per day.
   "mg/l." Milligrams per liter.
   "NPDES." National Pollutant Discharge Elimination System.
   "POTW." Publicly Owned Treatment Works.
   "RCRA." Resource Conservation and Recovery Act.
   "SIC." Standard Industrial Classification.
   "TSS." Total Suspended Solids.
   "U.S.C." United States Code.
(Ord., passed 11-28-95)
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