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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
(A) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Administrator that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the Administrator will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.
(B) The substances prohibited are:
(1) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 50 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 100°F (0° and 38°C);
(2) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipment with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Administrator. Properly shredded means that no solids shall have a maximum dimension of more than two inches;
(3) Any waters or wastes containing phenols or other taste- or odor-producing substances which are present after treatment of the composite waste in concentrations exceeding those limits as may be established by the Administrator;
(4) Any waters or wastes having a pH excess of 8.5;
(5) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids (such as but not limited to fullers earth, lime slurries, and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate);
(b) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions); and/or
(c) BOD or chemical oxygen demand in excess of 300 mg/l, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
(6) Suspended solids in excess of 300 mg/l or dissolved solids in excess of 700 mg/l;
(7) Any waters or wastes or discharges from rain leaders, outside alleyways, foundation drains, sump pumps, or any other stormwater connections;
(8) Any waters or wastes containing concentrations of nutrients, such as P and TKN including other nutrients, which in the opinion of the Administrator are detrimental to the POTW or may alone or in combination affect the safe or continued operations of the POTW; and
(9) If any waters or wastes are discharged or are proposed to be discharged to the POTW’s system by a customer, which waters contain the substances or possess the characteristics enumerated in this section and which in the judgment of the Director may have a deleterious effect upon the POTW or the receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:
(a) Require said customer to register and furnish all information requested by the approving authority concerning their operations pertinent to their wastes and processes;
(b) Require that said customer obtain all applicable permits for the discharge of wastes;
(c) Reject the wastes;
(d) Require pretreatment of the wastewaters to an acceptable condition for discharge to the district’s system;
(e) Require control over the quantities and rates of discharge;
(f) Require payment to cover the added cost of handling and treating the wastes amenable to treatment; and/or
(g) Require that no change be made in the manufacturing process which might affect the volume or character of wastes without prior written approval of the approving authority.
(2004 Code, § 181-5) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993) Penalty, see § 52.999
Except where expressly authorized to do so by an applicable categorical pretreatment standard, no industrial user shall ever increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the county, state, or federal government.
(2004 Code, § 181-6) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the county for review and shall be approved by the county before construction of the facility. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the county. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(2004 Code, § 181-7) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, provided that the industrial user meets certain conditions.
(B) An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the industrial user can identify the cause or causes;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(3) The industrial user has submitted the following information to the county within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must follow within five days): a description of the indirect discharge and cause of noncompliance; the period of noncompliance, including exact dates and times, or if not corrected, the anticipated time the noncompliance is expected to continue; steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(C) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(D) Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(E) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(2004 Code, § 181-8) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Allowable. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of divisions (B)(1) and (B)(2) below.
(B) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible at least ten days before the date of the bypass; and
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Director within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(C) Prohibition of bypass. Bypass is prohibited, and the Director may take enforcement action against an industrial user for a bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were not feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup should have been installed in the exercise of reasonable judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(3) The industrial user submitted notices as required under division (B) above.
(D) Approval. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in division (C) above.
(2004 Code, § 181-9) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
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