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It is the purpose of this chapter to provide for the recovery of costs from users of the county’s wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the county’s schedule of charges and fees.
(2004 Code, § 181-22) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) The county may adopt charges and fees which may include:
(1) Fees for reimbursement of costs as calculated to recover the costs of developing and administering the county’s pretreatment program;
(2) Fees for monitoring, inspections, and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fees for filing appeals; and
(6) Other fees as the county may deem necessary to carry out the requirements contained herein.
(B) These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the county.
(2004 Code, § 181-23) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
ADMINISTRATION
(A) It shall be unlawful for any industrial user in any area under the jurisdiction of the county to discharge any wastewater to the county’s POTW without a county wastewater discharge permit, as authorized by the county in accordance with the provisions of this chapter.
(B) A user shall furnish all information requested by the Administrator concerning his or her operations pertinent to the wastes and processes.
(2004 Code, § 181-24) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993) Penalty, see § 52.999
(A) Requirements to apply for permit.
(1) The following industrial users are required to obtain a wastewater discharge permit:
(a) Any user whose discharge would be in violation of § 52.015 if he or she had no permit;
(b) Any significant industrial user;
(c) Any user subject to a national categorical pretreatment standard;
(d) Any user required by state pretreatment requirements to obtain a permit;
(e) Any user providing pretreatment; and
(f) Any other user directed by the POTW to apply for a permit.
(2) Existing users required to obtain a permit by division (A)(1) above must apply for a wastewater discharge permit within 180 days of the effective date of this chapter and shall obtain a wastewater discharge permit within 360 days of the effective date of this chapter.
(3) New sources required to obtain a permit by division (A)(1) above must apply for and receive a wastewater discharge permit prior to discharging pollutants into the POTW.
(4) Any user not required to obtain a permit for existing discharges must apply for and receive a wastewater discharge permit prior to changing the user’s discharge in such a manner that the resulting discharge would require a permit. A new source is considered any source the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1347) categorical pretreatment standard which will be applicable to such source.
(B) Permit application.
(1) Users required to obtain a wastewater discharge permit shall complete and file with the county an application in the form prescribed by the county, and accompanied by the fee required under the fee schedule adopted pursuant to § 52.046. Proposed new industrial users shall apply at least 90 days prior to connection to or contributing to the POTW. The county shall require the user to submit the following information in the application:
(a) Name, address, and location (if different from the address);
(b) Standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics including but not limited to those mentioned in §§ 52.015 through 52.032 as determined by a reliable independent analytical laboratory; sampling analysis shall be performed in accordance with procedure established by the EPA pursuant to § 304(g) of the Act and contained in 40 C.F.R. Part 136, as amended;
(d) Time and duration of contribution;
(e) Average daily and 30-minute peak wastewater flow rates, including daily, monthly, and seasonal variation, if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation;
(g) Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged;
(h) The nature and concentration of any pollutants in the discharge which are limited by any county, state, or federal pretreatment standards and a statement regarding whether the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(i) Compliance schedule: if additional pretreatment or operation and maintenance will be required for an industrial user to comply with any provisions of this chapter or a state or federal pretreatment standard or requirement, the county may require the industrial user to submit for approval a schedule specifying the shortest time frame for the industry to achieve compliance. This schedule will contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of the additional pretreatment to bring the industrial user into compliance;
(j) Each product produced by type, amount, process or processes, and rate of production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; and
(m) Any other information as may be deemed by the county to be necessary to evaluate the permit application.
(2) The county will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the county may issue a discharge permit subject to terms and conditions provided herein.
(C) Permit conditions.
(1) Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the county. Permits shall contain the following:
(a) Effective and expiration dates;
(b) Statement of nontransferability as specified in division (F) below;
(c) Effluent limitations based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and/or state and local law;
(d) Self-monitoring, sampling, reporting, notification, and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and/or state and local law; and
(e) Statements of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the compliance date beyond applicable federal deadlines.
(2) Wastewater discharge permits may contain the following:
(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer; and
(b) Other conditions as deemed appropriate by the county to ensure compliance with all applicable pretreatment standards and requirements.
(D) Basis for effluent limitations.
(1) Effluent limitations shall be based upon the more stringent of the following:
(a) National categorical pretreatment standards;
(b) State pretreatment requirements; or
(2) The POTW and the county may exempt a user from local limitations as long as the POTW does not violate the applicable NPDES or state discharge permit.
(E) Permits duration. Permits shall be issued for a specified time period not to exceed five years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the county during the term of the permit as limitations or requirements as identified in §§ 52.015 through 52.032 are modified or other just cause exists.
(F) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned nor transferred nor sold to a new owner, new user, different premises, or a new or changed operation without the prior written approval of the county. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(G) Permit modifications.
(1) Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by §§ 52.060 and 52.061, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Administrator within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by divisions (B)(1)(h) and (B)(1)(i) above.
(2) A user must reapply for a permit whenever the mass loading of pollutants contained in the permitted discharge exceeds the average daily quantity applied for by greater than 10%.
(3) A user may reapply for a wastewater discharge permit whenever the user believes that some of the permit requirements no longer apply.
(H) Appeals from permit decisions. Any applicant who desires to appeal a denial, revocation, termination, or modification of a permit or permit application shall have the right to appeal to the County Commissioners within 30 days after the decision regarding the permit. A decision of the County Commissioners can be appealed to the Circuit Court for Carroll County in accordance with Maryland Rules of Civil Procedure.
(2004 Code, § 181-25) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993) Penalty, see § 52.999
(A) Upon request of the county, any discharger or potential discharger of industrial wastes into the POTW may be required to submit plans, reports, questionnaires, notices, or analytical data to evaluate waste discharge characteristics and ensure compliance with this chapter. These may include baseline monitoring reports, compliance reports, periodic self-monitoring reports, compliance schedule progress reports, violation reports, and notice of slug loadings, upset, bypass, or any other reporting requirement specified in 40 C.F.R. § 403.12. Reports shall be submitted to the county (and the Maryland Department of the Environment if required) at least once every six months or more frequently on dates specified by the county or the Maryland Department of the Environment.
(B) All industries subject to categorical pretreatment standards and all industrial users submitting self-monitoring reports shall include and sign the certification statement as required by 40 C.F.R. § 403.12(b)(6). This statement is contained in 40 C.F.R. § 403.6(a)(2)(ii) and is as follows:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. All reports and certification statements must also be signed by an authorized representative as defined in 40 C.F.R. Part 403.12(1).”
(2004 Code, § 181-26) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
(A) Users shall provide and maintain in safe and proper condition, at their own expense, a suitable manhole and such other facilities as the county may require to allow the authorized representatives of the POTW, EPA, or the state to inspect, sample, or measure flows from wastewater subject to this chapter.
(B) There shall be ample room in or near such facilities to allow accurate sampling and preparation of samples for analysis.
(C) If locating such facilities on a user’s property would be impractical, the user may apply to the POTW for a right-of-way or for permission to construct on public property.
(2004 Code, § 181-27) (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 facilities of any industrial user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with.
(A) While performing the necessary work on private properties referred to above, the Administrator or duly authorized employees of the county shall observe all safety rules applicable to the premises established by the company; the company shall be held harmless for injury or death to the county employees; and the county shall indemnify the company against loss or damage to its property by county employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 52.063.
(B) The Director and other duly authorized employees of the county, the state, and EPA bearing proper credentials and identification shall be permitted to enter all private properties through which the county holds an easement, for the purpose of but not limited to inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(C) All measurements, tests, and analyses of the characteristics of the waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the APHA, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken.
(2004 Code, § 181-28) (Ord. 57, passed 2-18-1986; Ord. 57-A, passed 10-5-1993)
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