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(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)
Representatives of the county, the state, and EPA, upon showing proper identification, shall have the right to enter and inspect the premises of any user who may be subject to the requirements of this chapter. Industrial users required to obtain wastewater discharge permits shall allow authorized representatives of the POTW, state, and EPA, access at all reasonable times to all premises for the purpose of inspecting, sampling, examining records, or copying records in the performance of their duties. Authorized representatives of the POTW, state, and EPA shall have the right to place on the user’s property such devices as are necessary to conduct sampling and monitoring. Where a user has security or safety measures in force which would require clearance, training, or wearing of special protective gear, the user shall make necessary arrangements at its own expense, to enable authorized representatives of the county, state, and EPA to enter and inspect the premises as guaranteed by this section.
(2004 Code, § 181-17) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
All industrial users shall comply with the federal general pretreatment regulations in 40 C.F.R. Part 403 and the applicable national categorical pretreatment standards set out in 40 C.F.R., Subchapter N, Parts 401 through 471, upon promulgation and all applicable federal, state, or local requirements or standards.
(2004 Code, § 181-18) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
The Director shall set specific effluent limitations on discharges of heavy metals and other pollutants of concern to the POTW from nondomestic discharges. These limitations shall be established and developed using data collected from a POTW headworks loading analysis. This analysis will be performed so that limitations developed protect the POTW from interference and pass-through, to ensure the POTW’s compliance with water quality standards, and to protect sewer worker health and safety and the public health. In no circumstances shall the limitations allow the maximum allowable headworks loading for the POTW treatment plant to be exceeded.
(2004 Code, § 181-19) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Generally. In addition to the annual sewer service charge under §§ 51.01, 51.02, Sewer and Water Master Plan, and §§ 52.045 and 52.046, there may be charged a treatment surcharge for discharging any wastes into the system which exceed the maximum values of polluting materials established by the surcharge formula in division (B) below. Such treatment surcharge shall be applicable to all users that discharge directly or indirectly into the system and shall be payable to the county annually.
(B) Computation of treatment surcharges.
(1) Treatment surcharges will be based upon the volume and concentration of flow discharged to the system multiplied by factors expressing the cost for treating the constituents covered by the formula.
(2) The amount of surcharge will be determined by the following formula:
Total treatment surcharge = V x 8.34 x FA(BOD – 300) V x 834 x FB(TSS – 300)
Where:
V = Volume of waste in millions of gallons discharged to the system, such to be expressed to the nearest thousand gallons.
FA = Cost per pound (in dollars) of removing BOD constituents from the sewage, such to be expressed to the nearest tenth of a cent as determined by the engineer, subject to approval of the County Commissioners.
FB = Cost per pound (in dollars) of removing suspended solids from the sewage, such to be expressed to the nearest tenth of a cent as determined by the engineer, subject to the approval of the County Commissioners.
(3) A maximum of 300 mg/l by weight of BOD and TSS is allowable without payment of surcharge.
(4) Should it become necessary to place a surcharge on other constituents, charges will be computed in the same manner.
(5) Until a cost can be established for the treatment of each constituent at treatment plants operated by the county or Baltimore City, the cost factor may be based upon the average cost of treating those constituents at other plants having like or similar processes and effluent requirements.
(2004 Code, § 181-20) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
The county reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 52.001, including the right to apply these more stringent limitations or requirements to users who have permits previously issued hereunder.
(2004 Code, § 181-21) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
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