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(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)
(A) All users of the POTW shall immediately notify the POTW of all discharges that could cause problems to the POTW, including any slug loading that would violate any of the specific prohibition of 40 C.F.R. § 403.5(b). The notification shall include the location of the discharge, the type of waste, concentration and volume, and corrective actions.
(B) All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 C.F.R. § 403.12(p).
(C) The industrial user shall notify the POTW, EPA Regional Waste Management Division Director, 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, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial 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 an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. Industrial users who commence discharging after October 15, 1993, shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this division (C) need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 C.F.R. Part 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 C.F.R. Part 403.12(b), (d), and (e).
(D) (1) Dischargers are exempt from the requirements of division (C) above during a calendar month in which they discharge 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).
(2) Discharge of more than 15 kilograms of nonacute 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), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(E) In the case of any new regulations under § 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(F) In the case of any notification made under division (C) above, the industrial 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.
(G) Within five days following such a discharge, the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges.
(H) Such notification shall not relieve the user of any expense, loss, damage, or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed under this chapter or other applicable state or federal law.
(2004 Code, § 181-10) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) If sampling performed by an industrial user indicates a violation, the user shall notify the county within 24 hours of becoming aware of the violation.
(B) The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the county within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
(1) The county performs sampling at the industrial user at a frequency of at least once per month; or
(2) The county performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(2004 Code, § 181-11) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
The Director may require any user to install any equipment necessary to monitor all discharges into the wastewater collection and treatment system, as well as the operation and maintenance of the facility.
(2004 Code, § 181-12) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
The industrial user shall permanently post a notice in a prominent place advising all employees of whom to call in the event of a discharge for which notification is required. Employers shall advise all employees who may cause or be injured by such a discharge of the emergency notification procedure.
(2004 Code, § 181-13) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Users shall retain and make available upon request of authorized representatives of the POTW, the state, or the EPA all records required to be collected by the user pursuant to this chapter.
(B) These records shall remain available for a period of at least three years after their collection.
(C) This period shall be extended during any litigation concerning compliance with this chapter or permit conditions.
(2004 Code, § 181-14) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
All analyses, including sampling techniques, submitted in support of any application, report, evidence as required by any permit or order shall be performed in accordance with 40 C.F.R. Part 136 and amendments thereto. Where 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator (as defined in 40 C.F.R. Part 136) determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the Administrator (as defined in 40 C.F.R. Part 136).
(2004 Code, § 181-15) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Information and data about a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs and from inspections shall be available to the public unless the user specifically requests and is able to demonstrate to the satisfaction of Administrator that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
(B) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection except upon written request by the state or EPA for uses related to this chapter. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information. Information accepted by the POTW as confidential shall not be disclosed to the public unless the user is given a ten-day notification.
(2004 Code, § 181-16) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
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