Section
General Provisions
52.001 Purpose and policy
52.002 Definitions and word usage
52.003 Abbreviations
Use of Public Sewers
52.015 Prohibited discharges
52.016 Discharge of harmful substances; considerations for acceptability
52.017 Excessive discharge
52.018 Accidental discharges
52.019 Upset provision and notification
52.020 Bypass not violating applicable pretreatment standards or requirements
52.021 Notification
52.022 Monitoring violation
52.023 Installation of monitoring equipment
52.024 Employee training
52.025 Records
52.026 Analytical requirements
52.027 Confidential information
52.028 Right of entry
52.029 Pretreatment standards and requirements
52.030 Specific limitations
52.031 Treatment surcharge
52.032 County’s right of revision
Fees
52.045 Purpose
52.046 Charges and fees
Administration
52.060 Wastewater discharge permit required
52.061 Wastewater discharge permits
52.062 Reporting requirements
52.063 Monitoring facilities
52.064 Inspection and sampling
52.065 Pretreatment
52.066 Special agreements
Enforcement
52.080 Suspension of treatment
52.081 Revocation of permit
52.082 Complaint
52.083 Compliance schedule
52.084 Publication of industrial user violators
52.085 Issuance of notice or order
52.086 Hearings
52.087 Final corrective orders
52.088 Injunctive relief
52.089 Legal action
52.090 Appeals
52.999 Penalty
GENERAL PROVISIONS
The purposes of this chapter are:
(A) To establish uniform requirements for contributors into the wastewater collection and treatment system owned and operated by the county and to enable the county to comply with applicable state and federal laws and the general pretreatment regulations (40 C.F.R. Part 403);
(B) To prevent the introduction of pollutants into the municipality’s wastewater system which will:
(1) Interfere with the operation of the system;
(2) Contaminate the sludge;
(3) Pass through the system, inadequately treated, into receiving waters or the atmosphere;
(4) Pose a health threat to sewer workers; or
(5) Be otherwise incompatible with the system.
(C) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(D) To provide for equitable distribution of the cost of the municipal wastewater system.
(2004 Code, § 181-1) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Word usage. “Shall” is mandatory; “may” is permissive.
(B) Definitions. For the purpose of this subchapter, 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, 33 U.S.C. §§ 1251 et seq.
ADMINISTRATOR. The Administrator of the United States Environmental Protection Agency.
AUTHORIZED REPRESENTATIVE.
(a) A responsible corporate officer such as president, secretary, treasurer, vice-president of the corporation in charge of principal business functions, or any other person who performs similar policymaking or decision-making functions for the corporation, or the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
(b) A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively;
(c) A duly authorized representative of the individual designated in divisions (a) or (b) above if:
1. The authorization is made in writing by the individual described in divisions (a) or (b) above;
2. The authorization specifies either an individual or position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or a position of equivalent responsibility, of having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the Director of the Department of Public Works.
(d) If authorization under division (c)3. above is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the POTW prior to or together with any reports to be signed by an authorized representative.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in mg/l.
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
BYPASS. The intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
COMPOSITE SAMPLE. A collection of individual samples obtained at an interval of one hour over a period of time. Each individual sample is combined with the others in proportion to the flow rates when the sample was collected. The resulting mixture (COMPOSITE SAMPLE) forms a representative sample and is analyzed to determine the average conditions during the sampling period.
COOLING WATER. The water discharge from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
COUNTY. Where appropriate to the context, the area located within the geographic boundaries of the county, including the municipalities located therein.
DIRECTOR. Director of the Department of Public Works.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The United States Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
EXISTING USER. A user as of the date of this chapter or a user established within 180 days of adoption of this chapter.
GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharge into the system).
INDUSTRIAL USER. A person who is engaged in manufacturing or commerce, or a member of any class of significant producers of pollutants identified under rules or regulations adopted by the state or EPA.
INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage.
INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and
(b) Therefore is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): § 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
NEW SOURCE.
(a) Any building, structure, facility, or installation from which there is or may be the discharge of pollutants, the construction of which is commenced after the publication of proposed pretreatment standards under § 307(c) of the Act (33 U.S.C. § 1347) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility, or installation is constructed at the site at which no other source is located;
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. 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.
(b) 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 divisions (1)(b) or (1)(c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a
NEW SOURCE as defined under this section has commenced if the owner operator has:
1. Begun or caused to begin as part of a continuous on-site construction program:
a. Any placement, assembly, or installation of facilities or equipment; or
b. Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of
NEW SOURCE facilities or equipment.
2. 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.
OWNER. The Carroll County Department of Public Works.
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 violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of violation).
PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW TREATMENT PLANT. The portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes by other means, except as prohibited by 40 C.F.R. § 403.6(d).
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the county or in which the county contributes operating expenses. This definition includes any sewers, pipes, or pumping stations that convey wastewater to the POTW.
SEVERE PROPERTY DAMAGE. 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.
SIGNIFICANT INDUSTRIAL USER.
(a) Any industrial user who:
1. Is subject to national categorical standards;
2. Has a discharge of 25,000 gallons or more per average work day;
3. Contributes a process waste stream that makes up 5% or more of the hydraulic or organic capacity of the POTW; or
4. Is found by the county, state, or EPA to have significant impact, either singly or in combination with other contributing industries, to the POTW, the quality of sludge, the POTW’s effluent quality, or air emissions generated by the system.
(b) Upon the finding that an industrial user meeting the above criteria of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the county may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such industrial user is not a
SIGNIFICANT INDUSTRIAL USER. This division (b) does not apply to categorical industries.
SLUG. Any discharge of significant quantities of water, sewage, or industrial waste which, in concentration of any given constituent or quantity of flow, could cause interference with the treatment works, pass through the POTW treatment plant, endanger sewer worker safety, contaminate the sludge, or cause a violation of any permit issued to the POTW.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
TOTAL SUSPENDED SOLIDS (TSS). Solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provision of CWA § 307(a) or other Acts.
UPSET. 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.
USER. Any person who contributes, causes, or permits the contribution of wastewater into the county’s POTW.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER DISCHARGE PERMIT. As set forth in § 52.061.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(2004 Code, § 181-2) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) The following abbreviations shall have the designated meanings:
List of Abbreviations | Meaning |
List of Abbreviations | Meaning |
BOD | Biochemical oxygen demand |
C.F.R. | Code of Federal Regulations |
COD | Chemical oxygen demand |
EPA | Environmental Protection Agency |
l | Liter |
mg | Milligrams |
mg/l | Milligrams per liter |
NPDES | National Pollutant Discharge Elimination System |
P | Total phosphorous |
POTW | Publicly owned treatment works |
SIC | Standard industrial classification |
SWDA | Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq. |
U.S.C. | United States Code |
TKN | Total Kjeldahl nitrogen |
TSS | Total suspended solids |
(B) All terms not defined in this chapter shall have the same meaning as that defined in Glossary of Water and Wastewater Control Engineering, prepared by a joint editorial board representing the American Public Health Association (APHA), the American Society of Civil Engineers, the American Water Works Association, and the Waste Pollution Control Federation, copyright 1981.
(2004 Code, § 181-3) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
USE OF PUBLIC SEWERS
(A) No person shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which singly or by interaction with other pollutants may cause interference with the POTW or pass-through the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements.
(B) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Pollutants which create a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed-cup flashpoint of less than 140°F or 60°C using the test methods specified in 40 C.F.R. § 261.21;
(2) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference of pass-through;
(3) 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;
(4) Any trucked or hauled pollutants, except at discharge points designated by the POTW;
(5) Any waters or waste having a pH lower than 6.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;
(6) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, unground garbage, whole blood, paunch, manure, hair, and fleshing, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders;
(7) Any substance which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or hazard to life or is sufficient to prevent entry into the sewers for maintenance and repair;
(8) Any unusual volume of flow or concentration of wastes constituting “slugs” as defined in this chapter;
(9) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations;
(10) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case heat in such quantities that the temperature at the introduction into the POTW which exceeds 40°C (104°F);
(11) Any substance which may cause the POTW’s effluent or any other product of the POTW, such as residues, sludges, or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharge to the POTW cause the POTW to be in noncompliance with a sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used; and
(12) Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
(2004 Code, § 181-4) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993) Penalty, see § 52.999
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