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(a) This Chapter sets forth uniform requirements for discharges into the City of Celina Publicly Owned Treatment Works (POTW), and enables the City to protect public health, safety and the environment in conformity with all applicable local, State and Federal laws relating thereto. These requirements apply to discharges into the City POTW from sources inside and outside of the City. (Ord. 38-09-O. Passed 6-22-09.)
(b) The objectives of this Chapter are:
(1) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW or contaminate the resultant POTW sludge;
(2) To prevent the introduction of pollutants into the wastewater system that do not receive adequate treatment in the POTW and that pass through the POTW into receiving waters, atmosphere or are otherwise incompatible with the POTW
(3) To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW.
(4) To protect the health, safety and welfare of the POTW workers;
(5) To prevent violation of any federal or state permit issued to the City, or any federal, state or local law.
(c) This Chapter provides for the regulation of discharges into the POTW. This Chapter does not provide for the recovery of surcharges for additional costs relating to treatment and collection operations, maintenance, repair or replacement of any component of the POTW, or the costs associated with the construction of collection and treatment systems used by Industrial Dischargers, that are the subject of separate enactments.
(19-02-0. Passed 6-3-02.)
(a) Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
(1) “Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. 1251, et seq.), as amended; as well as any regulation or rule, including any effluent limitations guidelines, or standards promulgated by the U.S. Environmental Protection Agency pursuant to the Clean Water Act.
(2) “Applicable pretreatment standard” means any federal, state or local pretreatment discharge limit, prohibition, or standard contained in this Chapter deemed to be the most restrictive with which non-domestic users will be required to comply.
(3) “Approval authority” means the Director of the Ohio Environmental Protection Agency, if the state possesses an approved state pretreatment program, or the administrator of the U.S. Environmental Protection Agency (EPA) in the event that the state does not possess an approved pretreatment program.
(3.1) “Approved pretreatment program” means a program administered by a POTW that meets the criteria established in 40 CFR Part 403 and Ohio Revised Code section 6111.032 and which has been approved by the USEPA Regional Administrator or the Director of the Ohio Environmental Protection Agency.
(4) “Authority” means the City who shall be the governmental entity enacting and enforcing this Chapter.
(5) “Authorized representative of industrial user” means:
A. The President, Secretary, Treasurer, or Vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy 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 twenty-five million dollars ($25,000,000), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures, if the industrial user is a corporation;
B. A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;
C. A member or manager, if the industrial user is a Limited Liability Corporation (LLC);
D. A duly authorized representative of the individual designated in subsection (a)(6)A., B., or C., if the authorization is made in writing by the individual, the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for the environmental matters for the company, and a copy of the written authorization is submitted to the Authority.
(6) “Average monthly discharge limitation” means the maximum allowable average discharge of a particular pollutant over a calendar month, calculated as the arithmetic sum of all daily laboratory monitoring results derived for a particular pollutant during a calendar month divided by the number of laboratory monitoring results derived during that month.
(7) “Average weekly discharge limitation” means the highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges, measured during a calendar week divided by the number of daily discharges measured during that week.
(8) “Beneficial uses” includes, but is not limited to, domestic, Municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by State or federal law.
(8.1) “Biochemical oxygen demand” (BOD) of sewage, sewage effluent, polluted waters or industrial wastes means the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic and/or nitrogenous matter by aerobic biochemical action under standard laboratory procedures for five days at 20° Centigrade. (Ord. 19-02-O. Passed 6-3-02.)
(8.2) “Bypass” means the intentional diversion of wastewater from any portion of a Discharger’s treatment facility.
(8.3) “City” means the City of Celina, Ohio.
(Ord. 38-09-O. Passed 6-22-09.)
(9) “Categorical pretreatment standards” means the National Categorical Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347), which applies to a specific category of industrial user, which may be discharged or introduced into the City’s POTW by a specific industrial Discharger.
(9.1) “Chemical oxygen demand” (COD) of sewage, sewage effluent, polluted waters or industrial wastes means the measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. (Ord. 19-02-O. Passed 6-3-02.)
(9.2) “Carbonaceous Biological Oxygen Demand (CBOD5)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees C.
(Ord. 38-09-O. Passed 6-22-09.)
(10) “Composite sample” means a minimum of eight discrete samples taken in proportion to time, or in proportion to discharge flow rate, over a 24 hour composting period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
(10.1) “Contamination” means an impairment of the quality of the Waters of the State by waste to a degree, which creates a hazard to the public health, e.g., through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not the Waters of the State are affected.
(10.2) “Cooling water” means the unpolluted wastewater discharge from any system of heat transfer, such as condensation, air conditioning, cooling or refrigeration.
(11) “Daily discharge” means the discharge of a pollutant measured during a calendar day or any twenty-four hour period that reasonably represents the calendar for purposes of sampling.
(11.1) “Deleterious substance” means any material which may be harmful to the City’s POTW, the POTW treatment plant processes, the health and safety of POTW personnel and/or the POTW effluent or residual products.
(12) “Director” means the Safety-Service Director of the City or his duly authorized agent.
(12.1) “Discharge” means the introduction of liquids or wastes into the City’s POTW.
(13) “Easement” means an acquired legal right of the specific use of land owned by others.
(13.1) “Fecal coliform” means any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
(13.2) “Floatable oil” means oil, fat or grease in a physical state, such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.
(14) “Garbage” means any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
(15) “Grab sample” means a sample, which is taken from a waste stream on a one-time basis with no regard to the flow rate in the waste stream and without consideration of time.
(15.1) “Grease and oil” means a group of substances including hydrocarbons, fatty acids, soaps, fats, waste, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures.
(15.2) “Grease and oil of animal and vegetable origin” means substances that are less readily biodegradable in nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries, restaurants.
(15.3) “Grease and oil of mineral origin” means substances that are less readily biodegradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. Such substances include machinery-lubricating oils, gasoline station wastes, petroleum refinery wastes, storage depot wastes.
(16) “Ground (shredded) garbage” means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater that one-half inch in dimensions.
(16.1) “Hexane Extracted Material (HEM)” means those substances and materials as detected and quantified in accordance with USEPA Analytical Method 1664, Revision A.
(16.2) “Incompatible” means any wastewater that is deleterious or which degrades the quality of the City’s POTW effluent, its sludges and/or residual products. (Ord. 19-02-O. Passed 6-3-02.)
(17) “Indirect discharge” means the introduction of pollutants to the City’s POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act, whether the source is located inside or outside of the City.
(Ord. 38-09-O. Passed 6-22-09.)
(18) “Industrial user” or “Industrial Discharger” means any source of an indirect discharge, including any person who discharges, or permits the discharge, of industrial waste to the City’s POTW.
(19) “Industrial waste” means any solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, and includes wastewater from pretreatment facilities and polluted cooling water located in or outside of the City.
(20) “Industrial waste permit” means a permit to deposit or discharge industrial waste into any sanitary sewer as issued by the Director.
(21) “Influent” means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
(22) “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
A. Inhibits or disrupts the POTW, its treatment process or operation, or its sludge process, 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): Section 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.
(23) “Maximum daily discharge limitations” means the highest allowable daily discharge.
(24) “May” indicates a discretionary condition.
(Ord. 19-02-O. Passed 6-3-02.)
(25) “mg/l” means milligrams per liter; same as ppm (parts per million).
(Ord. 38-09-O. Passed 6-22-09.)
(26) “New source” means any building, structure, facility or installation from which there is or may be a discharge to a POTW of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) the building, structure, facility or installation is constructed at a site at which no other source is located; or (b) the building, structure, facility, or installation totally replaces the process or production equipment that causes the introduction or discharge of pollutants at an existing source; or (c) the production or wastewater generating processes of the building structure, facility or installation are substantially independent of an existing source at the same site.
(27) “NPDES Permit” means the National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of the Act and Chapter 6111 of the Ohio Revised Code.
(28) “Nuisance” means anything which is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of property so as to interfere with human comfort or property, whether affecting individual interests per se or affecting at the same time an entire neighborhood or community.
(29) “OAC” means Ohio Administrative Code.
(29.1) “O. and M.” means operation and maintenance.
(29.2) Oil and Grease means, those hydrocarbon substances and materials commonly referred to as fats, oils and greases, as detected and quantified by an approved analytical method under 40 CFR Part 136, but not including hexane extractable material.
(30) “Other wastes” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes.
(30.1) “Owner” means any person who owns a facility or any part of a facility.
(30.2) “pH” means the logarithm, to the base 10, of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution
(30.3) “Pass through” means a discharge which exits the POTW into the waters of the State in quantities or concentrations which, alone, or in conjunction with a discharge or discharges from other sources is a cause of a violation of any requirement of the City’s POTW NPDES Permit (including an increase in the magnitude or duration of a violation).
(31) “Person” means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Ohio, the United States of America or other legal entity, or their legal representatives, agents, or assigns. The masculine gender includes the feminine, the singular includes the plural where indicated by the context.
(Ord. 19-02-O. Passed 6-3-02.)
(32) “POTW” or “publicly owned treatment works” means a treatment works, which is owned or operated by the City, including any devices and systems used in the storage, collection, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature from sources inside and outside of the City. This definition also includes sewers, pipes, pump stations, canals, ditches, and other conveyances if they convey wastewater to a POTW treatment plant. This term can also mean the City of Celina, which is the public authority, which owns or operates the POTW.
(Ord. 38-09-O. Passed 6-22-09.)
(33) “Pollutant” means any material or substance introduced or discharged into a POTW or its collection system, including, but not limited to, those substances listed in Appendix A and B hereto, or any substance which upon exposure to, assimilation into, any organism will cause adverse effects such as cancer, genetic mutations or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act. “Pollutant” also means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock sand, cellar dirt and industrial, municipal, and agricultural waste discarded into water.
(34) “Pollution” means the man-made or man induced alteration of the chemical, physical and radiological integrity of water, and includes the placing of any sewage, sludge, sludge materials, industrial waste, or other wastes, into waters of the State or the City’s POTW.
(35) “Pretreatment” means the reduction of the amount of pollutants, the elimination 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.
(36) “Pretreatment requirements” or “pretreatment standards” means any substantive or procedural requirements related to pretreatment, other than a categorical pretreatment standard imposed on an industrial user.
(37) “Receiving stream” means the watercourse, stream or body of water receiving the waters discharged from the City’s wastewater treatment plant.
(37.1) “Sanitary sewerage system” means the sewerage system which, (1) by design is intended to carry sanitary wastewater and/or industrial wastes, and (2) into which storm, surface and groundwater are not intentionally admitted.
(38) “Sewage” means water-carried human wastes or a combination of water- carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
(39) “Sewer” means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source;
(40) “Shall” is mandatory.
(40.1) “Significant Industrial User” shall mean (a) all Industrial Dischargers subject to a categorical pretreatment standard; and (b) any other Industrial Discharger that (1) discharges an average of 25,000 gallons per day or more of process wastewater to the City’s POTW (excluding sanitary, noncontact cooling water and boiler blowdown wastewater); or (2) contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the City’s POTW; or, (3) has a reasonable potential, in the opinion of the Director, to adversely affect the City’s POTW; or, (4) has violated any pretreatment standard or requirement. Provided, however, that the Director may at any time, on his own initiative, or in response to a petition received from an Industrial Discharger not subject to a categorical pretreatment standard, determine that the noncategorical Industrial Discharger is not a Significant Industrial User if said Industrial Discharger has no reasonable potential for adversely affecting the City’s POTW or for violating any pretreatment standard or requirements.
(40.2) “Significant Non-compliance” means any violation that meets one or more of the following criteria:
A. Chronic violations of discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a discharge limit (daily maximum or daily average) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
D. Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW’s exercise of emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in an Industrial Waste Permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide, within thirty (30) days after the due date, required reports such as Baseline Monitoring Reports, Ninety Day Compliance Reports, Periodic Self-Monitoring Reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation or group of violations, which the Director determines, has adversely affected, or will adversely affect, the operation or implementation of the City’s pretreatment ordinance
(41) “Sludge” means any solid, semi-solid or liquid waste generated from a Municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste having similar characteristics and effects as defined in standards issued under Section 402, 405 and 503 of the Act and in the applicable requirements under Section 3001, 3004 and 4004 of the Solid Waste Disposal Act PL 94-580.
(42) “Slugload” means any pollutant, including oxygen demanding pollutants (BOD, etc), released in a discharge at a rate and/or concentration, which causes interference to the POTW or Pass through.
(43) “Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
(44) “Standard Methods” means the laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
(44.1) “State” means State of Ohio.
(44.2) “TKN” or “Total kjehldahl nitrogen” means the sum of ammonia and organic nitrogen compounds that are converted to ammonium sulfate under analytical or test conditions.
(44.3) “Total Suspended solids” or “TSS” means solids, which either float on the surface of, or are in suspension in, water, sewage or other liquid and which are removable by laboratory filtration.
(44.4) “Total nonfilterable residue” or “TNFR” means the same as Total Suspended Solids.
(45) “Toxic amount” means concentrations of any pollutant or combination of pollutants, which, upon exposure to or assimilation into any organism, will cause adverse effects such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of PL 92-500.
(46) “Toxic pollutant” means those substances referred to in Section 307(a) of the Act, as well as, any other known potential substances capable of producing toxic effects, including those substances contained in Appendix A. (Ord. 19-02-O. Passed 6-3-02.)
(47) “Treatment Works” means any plant, disposal field, lagoon, dam, pumping station, building sewer connected directly to a treatment works, incinerator, or other works located inside or outside of the City used for the purpose of treating, stabilizing, blending, composting, or holding sewage, sludge, sludge materials, industrial waste, or other wastes, except as otherwise defined.
(48) “Ug/l” means micrograms per liter; same as ppb (parts per billion).
(Ord. 38-09-O. Passed 6-22-09.)
(49) “Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, that modifies the chemical or physical characteristics of the water making it unacceptable for discharge to storm drains, drainage ways, or directly to waters of the State.
(50) “Upset” means an exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance due to factors beyond the reasonable control of the Discharger, and excluding noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation thereof.
(50.1) “U.S.C.” means United States Code.
(51) “U.S. Environmental Protection Agency” or “EPA” means 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 such agency.
(52) “User” means any person that discharges, causes or permits the discharge of wastewater into the sewerage system.
(53) “Volatile organic matter” means the material in the sewage solids transformed to gases or vapors when heated at 550° Centigrade.
(54) “Wastewater” means industrial waste, sewage or any other waste, including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW.
(55) “Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
(56) “Wastewater treatment plant” or “wastewater treatment process” means any arrangement of devices and structures for treatment of wastewater.
(57) “Watercourse” means a channel in which Waters of the State flow, either continuously or intermittently.
(Ord. 19-02-0. Passed 6-3-02.)
(a) General Discharge Prohibitions. No person shall introduce, discharge, contribute, or cause to be discharged, directly or indirectly, any of the following described substances or materials to the City’s POTW or other wastewater facilities of the City:
(1) Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient either alone or by interaction, to cause a fire or explosion hazard in the POTW, including but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees F or 60 degrees C using the test methods specified in 40 CFR 261.21, or are injurious to the operation of the POTW;
(2) Solid or viscous substances or materials that will, or may, cause obstruction to the flow in a sewer or other interference with the operation of the POTW;
(3) Any wastewater having a pH less than 6.0 or higher than 11.0 or having any other corrosive property capable of causing structural damage or hazard to the City’s POTW or causes, or is capable of causing, a hazard to POTW workers;
(4) Any toxic pollutant in sufficient quantity, either singly or by interaction, that injures or interferes with any wastewater treatment process, constitutes a hazard to humans or animals, or exceeds the limitations established by the Director for such toxic pollutant;
(5) Any noxious or malodorous liquids, gases or solids which, either singly or by interaction, are capable of creating a public nuisance, worker health and safety problem, hazard to life, or are sufficient to prevent entry into the sewers or POTW for maintenance and repair;
(6) Any material or substance which may (a) cause the POTW’s effluent or treatment residues, sludges, solids, or scums, to be unsuitable for land application, reclamation, or reuse; or (b) interfere with any land application, reclamation, or reuse process employed by the City or its contractors. In no case, shall a material or substance introduced or discharged to the POTW cause the POTW to be in noncompliance with any local, state or federal law, including, but not limited to, sludge use or disposal criteria, adopted by USEPA under Section 405 or 503 of the Act, Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the sludge management method being used by the City;
(7) Any material or substance which will cause the City’s POTW to violate its NPDES permit, and/or any other permit issued to the City or City’s POTW.
(8) Any material or substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(9) Any wastewater having a temperature higher than 65° Centigrade (149° Fahrenheit) or which causes the wastewater at the headworks of the POTW treatment plant to exceed 40° Centigrade (104° Fahrenheit);
(10) Any slugload as defined herein;
(11) Any unpolluted water including, but not limited to, non-contact cooling water, storm water, boiler blowdown, or air compressor drips;
(12) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentrations as exceed limits established by the Director, or any applicable State or Federal standards or regulations;
(13) Any wastewater, which causes a hazard to human life or creates a public nuisance.
(14) Any water or wastes containing floatable oils, fat, or grease, or containing more than 50 milligrams per liter of petroleum oil, products of mineral oil origin, or other nonbiodegradable oils or substances, as determined by analysis of a grab sample. Grease and oil interception devices or traps shall be provided in accordance with the provisions set forth in Chapter 911.
(15) Any waste or wastewater with a closed cup flash point of 60° Centigrade (140° Fahrenheit) when tested using the test method specified in 40 CFR 261.21.
(16) Waste from garbage grinders, except wastes generated in preparation of food normally consumed on the premises, or waste of a specific character whose discharge after the Director authorizes grinding. Waste from garbage grinders used for grinding plastic, paper products or inert materials shall not be introduced or discharged to the POTW.
(17) Any material or substance into a manhole or other opening in the POTW without approval from the Director.
(18) Any deleterious substance;
(19) Any trucked and/or hauled waste, unless authorized by the Director.
(b) Limitations on Wastewater Strength.
(1) National categorical pretreatment standards. National categorical pretreatment standards established by USEPA pursuant to section 307 of the Act and set forth in 40 CFR Chapter 1, Subchapter N - Effluent Guidelines and Standards, shall be complied with by all Dischargers, subject to such national categorical standards, within three years of the date such standard shall become effective, unless a shorter time period is specified in the appropriate subpart of 40 CFR Chapter 1, subchapter N.
(2) Right of revision. The City reserves the right to amend this Chapter to establish more stringent local effluent limitations, or other requirements than the National Categorical Pretreatment Standards, that are necessary to protect the POTW and POTW workers, prevent pass through and interference, or when otherwise needed to achieve the objectives set forth in Section 917.01.
(3) Dilution. No Discharger shall increase the use of potable or process water in any way, nor mix separate waste streams, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this Chapter.
(Ord. 19-02-0. Passed 6-3-02.)
(4) Supplemental limitations. No Discharger shall discharge wastewater in excess of the following limitations, where the concentrations of the listed pollutants are determined from composite samples collected from the Discharger over a 24 hour time period of operation, so as to produce a representative sample of the Discharger’s discharge to the POTW:
Pollutant Limitations | ugl parts/billion |
Total cyanide |
40
|
Total Chromium |
1000
|
Total Copper |
671
|
Total Zinc |
1000
|
Total Cadmium |
200
|
Total Nickel |
859
|
Total Phenols |
500
|
Total Lead |
500
|
Mercury |
10
|
Total Silver |
200
|
Total Arsenic |
5
|
Total Selenium |
10
|
Total Molybdenum |
250
|
(Ord. 38-09-O. Passed 6-22-09.)
(5) All Dischargers shall comply with the supplemental limits set forth in Table 917-1. The City may, in its sole discretion, allow a Discharger a period of time, not to exceed 3 years, to comply with said supplemental limitations after notice to and consultation with the Discharger, and taking into consideration equipment delivery, construction completion times, and permit processing.
(6) Industries subject to National Categorical Pretreatment Effluent Limitations Guidelines and Standards shall, in addition to complying with the supplemental limitations set forth in Table 917-1, comply with the National Categorical Pretreatment Standards as established in Section 917.03(b)(1).
(7) In any permit issued by the City to an industrial Discharger, the applicable permit limit for a pollutant specified in the National Categorical Pretreatment Standards or in Table 917-1 shall be the more stringent of such standards or limitations.
(c) Accidental Discharges.
(1) Each Discharger shall provide protection from a slugload, or accidental discharge, of prohibited or regulated pollutants, materials or substances. Equipment and facilities needed to prevent a slugload or accidental discharge of prohibited pollutants, materials or substances shall be provided and maintained by the Discharger at the Discharger’s expense. Detailed plans showing equipment, facilities and operating procedures to provide this protection shall be submitted to the Director for review, and shall be approved by the Director prior to construction of the facility. No Discharger, who discharges, to the POTW shall be permitted to introduce pollutants into the system until slugload and the Director has approved accidental discharge protection procedures. Review and approval of such plans and operating procedures, by the Director, shall not relieve the
Discharger from the responsibility to modify its facility, as necessary, to meet the requirements of this Chapter. Approval of slugload and accidental discharge protection facilities by the Director does not, in any way, guarantee that these facilities will function in the manner described by their owner, designer or contractor, nor shall it relieve any person of the responsibility to enlarge or otherwise modify such facilities to accomplish the intended purpose.
(2) Dischargers shall notify the Director immediately upon the occurrence of a slugload, or accidental discharge of substances prohibited by this Chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. This notification shall be followed, within five (5) business days of the date of occurrence, by a detailed written statement from the Discharger describing the causes of the slug or accidental discharge and the measures being taken to prevent its future occurrence. Any Discharger who discharges a slugload of prohibited materials shall be liable for (a) any expense, loss or damage to the POTW; and (b) the amount of any State or Federal fines imposed on the City as a result of said discharge.
(3) Signs shall be permanently posted in conspicuous places on Discharger’s premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees, who may cause or discover such a discharge, with respect to emergency notification procedure.
(Ord. 19-02-0. Passed 6-3-02.)
(Ord. 19-02-0. Passed 6-3-02.)
(a) Purpose. It is the purpose of this Section to provide for the payment of fees by users of the City’s POTW and to compensate the City for the cost of administration of any delegated pretreatment program.
(b) Charges and Fees. The City may adopt charges and fees, which may include:
(1) Fees for monitoring, inspections, investigations, surveillance procedures and review of reports submitted by the User;
(2) Fees for filing appeals;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for sampling and laboratory analysis; and
(5) Fees for wastewater discharge having strength in excess of standard strength sewage as defined in Chapter 911.
(6) Fees for Permit Applications or Approvals to discharge to the POTW;
(7) Charges for costs incurred by the City to fix, repair, or rehabilitate its POTW or collection system caused by violations of a user, including, but not limited to: (a) costs for disposal of contaminated sludge or unusable solids; or (b) costs associated with additional treatment, storage or transportation incurred by the City to manage the noncompliant wastewater.
(Ord. 19-02-0. Passed 6-3-02.)
(a) Wastewater Dischargers. No person shall directly or indirectly discharge sewage, industrial wastes or other wastes to the City’s POTW, or to any sewer located inside or outside of the City, without having first complied with the terms of this Chapter.
(Ord. 38-09-O. Passed 6-22-09.)
(b) Wastewater Discharge Data Disclosure
(1) General disclosure. All industrial Dischargers proposing to connect to, or to introduce or discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this Chapter.
(2) Disclosure forms. Industrial Dischargers shall complete and file, with the Director, a disclosure declaration in the form prescribed by the Director. Existing industrial Dischargers shall file disclosure forms within thirty days after the effective date of this Chapter. Proposed new Dischargers shall file disclosure forms at least ninety days prior to connecting to the POTW. The disclosure declaration form shall include, but is not limited to:
A. Name, address and location of the Discharger;
B. Standard Industrial Classification (SIC) number according to the “Standard Industrial Classification Manual”, Bureau of the Budget;
C. Constituents and characteristics of the discharge. If sampling and analysis is required to determine the constituents and characteristics of the Discharger, the sampling and analyses shall be performed in accordance with the approved methods in 40 CFR, Part 136, as amended;
D. Time and duration of discharges;
E. Average daily and instantaneous maximum peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured, unless the Director due to cost or nonfeasibility approves other verifiable techniques;
F. Site plans, floor plans, mechanical and plumbing plans and details to show the exact location with respect to buildings, property line, streets and industrial process facilities, of all sewers, sewer connections, control manholes, sampling chambers and appurtenances by size and elevation;
G. Description of activities, facilities and plant processes on the premises, including all materials, which are or may be discharged and their average and maximum daily utilizations;
H. A statement regarding whether or not compliance is, or will be achieved, with the requirements of this Chapter at the time the discharge commences to the POTW;
I. Identification of each product produced by type, amount, process or processes and rate of production;
J. Type and amount of raw materials utilized (average and maximum per day);
K. A schematic process diagram indicating the regulated, unregulated and dilute flows, with volumes expressed as average daily and maximum daily flows in gallons, treatment processes and equipment, storage tanks, and points of discharge to the POTW,
L. A complete description of the method of pretreatment the Discharger intends to use to comply with applicable requirements, standards and limitations;
M. New Dischargers shall use their best efforts to develop accurate estimates for the information requested by the Disclosure Declaration Form.
N. All Disclosure Declaration Forms shall be signed by an authorized representative of the Discharger and certified that the information reported is representative of normal work cycles and expected or existing pollutant discharges to the POTW.;
O. All sewers shall have a control manhole which shall be constructed in accordance with the Celina Construction Standards and Contain flow measuring, recording and sampling equipment as required by the City to assure compliance with the requirements of this Chapter.
P. The Director will evaluate the complete Disclosure Declaration Form and data furnished by the Discharger, and may require additional information or an on-site inspection of the waste discharge system or other system pertaining to the industrial waste discharge.
Q. After full evaluation of the Disclosure Declaration Form and other data, the Director may, as provided by the City’s Pretreatment Ordinance, and after determining the wastewater discharge is acceptable to be discharged to the POTW, issue, to any Discharger entitled thereto, an Industrial Discharger Permit containing limits, standards, terms and conditions as the Director reasonably deems necessary.
(c) Industrial Discharger Permit. An Industrial Discharger Permit shall not be issued by the Director unless the City has received delegated authority to do so from the Director of Ohio EPA. If issued by the Director, such permit shall be expressly subject to all provisions of this Chapter.
(1) An Industrial Discharger Permit may contain any or all of the following:
A. Limits on the average and maximum wastewater constituents and characteristics;
B. Limits on rate and time of discharge and requirements for flow regulations and equalization;
C. Requirements for installation of inspection and sampling facilities;
D. Pretreatment requirement.;
E. Specifications for monitoring programs, which may include sampling locations, frequency and methods of sampling, number, types and standards for tests and reporting schedules;
F. Compliance schedules;
G. Requirements for notification to and acceptance by the Director of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the POTW;
H. Requirements for disposal of sludges, floats, and skimmings;
I. Requirements for submission of technical reports or discharge reports, including frequency of submission;
J. Requirements for maintaining pretreatment records relating to wastewater discharge, as specified by the Director, and affording the Director access thereto;
K. Mean and maximum mass emission rates, or other appropriate limits, when incompatible pollutants are proposed or present in the user’s wastewater discharge;
L. Statement of duration of the permit;
M. Requirement by the Discharger to develop and implement a slugload protection program, pollution prevention plan, accidental discharge plan, or spill prevention control and countermeasure (SPCC) plan;
N. Any other terms or conditions, as reasonably determined by the Director, are necessary for the protection of the POTW, worker health and safety, or water quality;
(2) Industrial Waste Permits shall be issued for a specified period of time, but in no event shall a permit extend beyond five years from its effective date. Ninety days prior to the expiration of the permit the Industrial Discharger shall apply to the Director for a renewal of the permit.
(3) When changes in an Industrial Discharger Permit are proposed by the Director before the expiration date of said permit, the Discharger shall be notified in writing at least thirty (30) days prior to the effective date of said changes, unless the Discharger has waived said notice. Where appropriate, the notice shall include the reason the permit has been opened, and if necessary, a specified time schedule for compliance. This time schedule shall be based on practical delivery and construction time requirements, and shall become part of the Industrial Discharger Permit.
(4) Industrial Discharger Permits shall be issued to a specific Discharger for a specific operation at a specific location. An Industrial Discharger Permit shall not be assigned, transferred or sold to another owner or another Discharger, without the written consent of the City.
(d) Revocation of Permit. Any Discharger who violates any of the requirements of this Chapter, or applicable State and/or Federal Regulations, or any of the following conditions, which are hereby made part of every permit, whether stated therein or not, is subject to having the permit revoked pursuant to Chapter 917.06.
(e) Modification of standards. The City reserves the right to amend this Chapter, and the terms and conditions thereof, in order to assure compliance by the City with applicable federal, state or local laws and regulations, and to provide for the protection of the POTW, receiving waters and worker safety and health.
(f) Baseline Monitoring Report. Existing Dischargers subject to a national categorical pretreatment standard, shall submit, to the Director, a Baseline Monitoring Report (BMR) within 180 days after the effective date of an applicable national categorical pretreatment standard or one hundred eighty days after the administrative decision of a category determination submission under OAC 3745-3-09 or 40 CFR 403.6, whichever is later The BMR shall include all of the disclosure information as required under Section 917.05(b)(2). Dischargers which are not subject to a national categorical pretreatment standard but later become subject to a categorical standard after the promulgation of an applicable categorical standard, shall also submit a BMR within one hundred and eighty days after the effective date of an applicable national categorical pretreatment standard or one hundred eighty days after the administrative decision of a category determination submission under OAC 3745-3-09 or 40 CFR 403.6, whichever is later.
(g) Reporting Requirements for Dischargers
(1) Initial Ninety-day compliance reports. Within ninety days following the date for final compliance, by the Discharger, with applicable pretreatment standards set forth in this Chapter, or ninety days following commencement of the introduction of wastewater into the POTW by a new Discharger, any Discharger subject to this Chapter shall submit to the Director a written report indicating: (a) the nature and concentration of all limited, prohibited or otherwise regulated pollutants, materials or substances in its discharge, and (b) the average and maximum daily flow of the wastewater discharge expressed in gallons. The report shall state whether the applicable pretreatment standards, limitations, or other requirements are being met and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the Discharger into compliance with such requirements. This report shall be signed by an authorized representative of the Discharger and certified that the results therein are representative of the normal daily operations of the Discharger.
(2) Periodic self-monitoring compliance reports.
A. Any Discharger subject to a pretreatment standard set forth in this Chapter, after the compliance date of such pretreatment standard, or in the case of a new Discharger, after commencement of the discharge to the City, shall submit to the Director during the months of June and December, unless required more frequently by the Director, a report indicating the nature and concentration, of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period in subsection (c)(1) hereof. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Director may accept reports of average and maximum flows estimated by verifiable techniques. The Director, for good cause shown, considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of such reports on months other than those specified above.
(3) Reports by Dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. The frequency of monitoring by the Discharger shall be as prescribed in the applicable pretreatment standard of this Chapter. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with any other sampling and analytical procedures approved by the Administrator of the EPA.
(h) Operating Upsets.
(1) Any Discharger which experiences an upset in operations which places the Discharger in a temporary state of noncompliance with the requirements of this Chapter or an Industrial Discharger Permit issued by the City or Ohio EPA shall immediately inform the City. Where such information is given orally, a written follow-up report shall be filed by the Discharger with the City within five business days. The report shall specify:
A. Description of the upset, the cause thereof and the upset’s impact on a Discharger’s compliance status;
B. Duration of noncompliance, including exact dates and times of noncompliance and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
C. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such upset or other conditions of noncompliance.
(2) Notification of an upset may be considered by the Director as a mitigating circumstance in any enforcement action brought by the City against a Discharger for any noncompliance which occurred during the period of upset.
(i) Control Manhole
(1) Each categorical Discharger shall install and operate, at the Discharger’s own expense, a control manhole to allow inspection, sampling, and flow measurement of each sewer discharge from the Discharger to the POTW. Each control manhole shall be situated on the Discharger’s premises, except where such a location would be impractical or cause undue hardship on the Discharger. In which case the City may, in its sole discretion, allow the manhole to be installed in the public street or sidewalk area providing that the manhole is located so that landscaping or parked vehicles will not obstruct it.
(2) There should be ample room in or near such control manhole to allow accurate sampling and preparation of samples for analysis. The control manhole, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the Discharger.
(3) Construction of the control manhole shall not begin until plans have been submitted and approved by the Director. Approval of proposed facilities by the Director does not, in any way, guarantee that these facilities will function in the manner described by their owner, designer or contractor; nor shall it relieve any person of the responsibility to enlarge or otherwise modify such facilities to accomplish the intended purpose.
(4) Each control manhole shall be constructed and maintained in accordance with the Celina Construction Standards and specifications. Construction shall be completed within 120 days of receipt of permit by Discharger.
(j) Inspection and Sampling. The City may inspect the control manhole of any Discharger to determine compliance with the requirements of this Chapter. The Discharger shall allow the City or its representatives, to enter upon the premises of the Discharger at all reasonable time for the purposes of inspection, investigations, sampling or examination of records. The City shall have the right to set up on the Discharger’s property, including the control manhole, such devices as are necessary to conduct sampling, investigations, inspections, compliance monitoring or metering operations.
(1) Where discharge is metered, the City water rates in effect may be used to compute the corresponding water billing.
(2) Sampling and analysis of industrial waste shall be taken at the correct location, consistent with the requirements of this Chapter, prior to discharge into the City sewerage system. Tests and analysis of waters and wastes shall be determined in accordance with the approved methods specified in 40 CFR, Part 136, or if there is no applicable approved method, a method approved by USEPA or Ohio EPA.
(k) If any waters or wastes are introduced or discharged, or are proposed to be introduced or discharged to the POTW, that contain or will contain the substances or possess the characteristics enumerated in Section 917.03(a) and (b) of this Chapter, or in the judgment of the Director, will or may have, a deleterious effect on the City’s POTW or receiving waters, create a hazard to life or limb, or constitute a public nuisance, the Director may (1) reject the waters or wastes; (2) require pretreatment to an acceptable condition for introduction or discharge to the POTW; (3) require control over the quantities and rates of discharge; or (4) require payment by the Discharger or proposed Discharger to cover the added costs of handling, treating, and disposing of the waters or wastes.
(l) No provision of this Section 917.06 shall be construed as authorizing a violation of, or a variance from, National Categorical Pretreatment Standards or any other requirement stated in this Chapter.
(m) Trade Secrets
(1) Information and data furnished to the City with respect to a Discharger shall be available to the public or other governmental agency without restriction, unless the Discharger specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under Ohio law.
(2) When requested by a Discharger and approved by the Director, the information and data constituting trade secrets shall not be made available to the public; provided, however, that such trade secret information and data shall be available to the State or Federal Governments, and may be used in any judicial poor enforcement proceedings involving the Discharger furnishing the information and data. Wastewater constituents and characteristics shall not be recognized as trade secrets.
(3) The Director shall make a decision whether to treat information and data as a trade secret within 45 days of a request to do so. Failure to make a request to treat information or data as a trade secret shall constitute a waiver of any rights the Discharger may have to prevent disclosure of the information and data to the public or State or Federal Government.
(Ord. 19-02-0. Passed 6-3-02.)
(a) Emergency Suspension of Service. The Director may on an emergency basis, without first holding a Show Cause Hearing, suspend wastewater treatment service to a Discharger when the Director reasonably determines that an actual or anticipated discharge presents or threatens an imminent substantial danger to the health or welfare of persons, the environment, or the City’s POTW. Upon receipt of an Emergency Suspension of Service Order and Notice to Show Cause, the Discharger shall cease all discharges immediately. In the event of failure of the Discharger to comply with the Emergency Suspension of Service Order, the City may take all steps necessary to protect human health and welfare, the environment and the City’s POTW, including but not limited to, blocking the Discharger’s pipe leading to the City’s POTW or any other lawful remedy available to the City. The Director shall hold a Show Cause Hearing within 10 business days of the date specified in the Order issued by the Director for the Discharger to cease discharging in the Order where the Discharger shall show cause as to why the Order shall not continue. Upon conclusion of the Show Cause Hearing, the Director shall withdraw the Order and reinstate the wastewater treatment service if the Discharger has submitted substantial and probative evidence that the noncomplying discharge or conditions have been eliminated or continue such Order in effect until the Discharger has demonstrated the danger has been eliminated to the satisfaction of the Director.
(b) Revocation of Treatment Services. The Director may, after notification to the Discharger and a Show Cause Hearing, revoke and terminate wastewater treatment services to any Discharger for failing to:
(1) Accurately disclose the wastewater constituents and characteristics of its discharge;
(2) Report significant changes in wastewater constituents or characteristics, including the volume of flow discharged whether such change is an increase or decrease in flow;
(3) Allow reasonable access to the Discharger’s premises by representatives of the City for the purpose of inspection, investigation, or monitoring; or
(4) Comply with the requirements of this Chapter, an Industrial Discharger Permit issued by Ohio EPA or the Director, or judicial order or court decision requiring compliance with this Chapter or the Industrial Discharger Permit issued by Ohio EPA or the Director.
(5) Possess a valid Industrial Discharger Permit issued by Ohio EPA or the Director.
(c) Revocation of Industrial Discharger Permit The Director may (1) revoke, after notification to the Discharger and a Show Cause Hearing, an Industrial Waste Permit issued by the Director; or (2) terminate, or cause to be terminated, wastewater treatment system service to any premise, if a violation of any provision of this Chapter is found to exist, or if a discharge or introduction of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this Chapter. Revocation of an Industrial Waste Permit by Ohio EPA or the Director is sufficient grounds for revocation of treatment service. The notification shall state the reasons for the revocation of service or permit.
(d) Notification of Violation. Whenever the Director finds that any Discharger has violated or is violating this Chapter, the Director shall serve, or cause to be served, upon such Discharger, a written Notice of Violation (NOV) with or without a penalty, either personally or by certified or registered mail, return receipt requested, stating the nature of the violation. Within fifteen (15) business days of the date of receipt of the NOV, the Discharger shall submit a written explanation of the violation to the Director, and a proposed Remedial Action Plan (RAP) to correct the violation and prevent a future violation. The Director may request the Discharger to sample the discharge and submit the laboratory test results to the Director upon receipt by the Discharger of the laboratory test. A Discharger’s RAP will be deemed to be acceptable if compliance is achieved and steps have been taken to prevent the violation from occurring again. The parties may meet to discuss the NOV and proposed RAP and if agreeable to the Director, establish a compliance schedule, with or without penalties and other conditions, for implementation of the RAP, if compliance has not been achieved at the time the RAP is submitted to the Director. If a Discharger disagrees with the Director’s finding that a violation has or continues to occur, the Discharger, in lieu of submitting an explanation and RAP, may request in writing, within fifteen (15) business days of receipt of the NOV, a Show Cause Hearing before the Director to present substantial and probative evidence as to why the Director’s NOV is not valid. The Director may schedule the Show Cause Hearing at a reasonable time and place after said request has been submitted. Multiple NOVs, which have been contested within the required time, may be consolidated by the Director for decision in one Show Cause Hearing. Failure to submit an explanation and RAP within the time specified may subject the Discharger to further enforcement.
(e) Show Cause Hearings.
(1) Emergency Suspension of Service Order. The Director shall hold a Show Cause Hearing within 10 days after issuing an Emergency Suspension of Service Order under Chapter 917.06(a) to allow the Discharger, or the Discharger’s authorized representative, to submit reliable, probative and substantial evidence as to why such Emergency Order should not continue. Upon the conclusion of the hearing, the Director shall determine whether the Order shall continue or be withdrawn. The Director may adopt procedures for holding such hearings.
(2) Revocation of Service or Permit. The Director shall hold a Show Cause Hearing whenever the Director seeks to revoke service on a non-emergency basis, or seeks to revoke a Discharger’s Industrial Discharger Permit issued by the Director before such revocation of service or permit. Written Notice shall be provided to the Discharger within 30 days of such Show Cause Hearing stating the reasons for the revocation. The Discharger shall present reliable, probative and substantial evidence as to why services or the permit should not be revoked. Upon a reasonable time after such hearing is held, the Director shall issue a decision as to whether the service or permit should be revoked, and whether further enforcement should be pursued. The manner and scope of enforcement is within the discretion of the Director. The Director may adopt procedures for holding such hearings.
(3) Notices of Violations. A Discharger may request a Show Cause Hearing to present reliable, probative and substantial evidence as to why a NOV issued by the Director is not valid and should not be subject to enforcement. The request shall be submitted to the Director within fifteen business days
of receipt of the NOV. A hearing may be held at a reasonable time and place to be determined by the Director. Multiple NOVs issued to the same Discharger within a reasonable time may be consolidated for hearing. Upon a reasonable time after such hearing is held, the Director shall issue a decision as to whether the NOV is valid and should be the subject of enforcement. The manner and scope of enforcement is within the Discretion of the Director. The Director may adopt procedures for holding such hearings.
(4) Appeal of any decision, determination, or order of the Director may be taken by the Discharger in accordance with applicable local or State law.
(f) Enforcement Actions; Annual Publication. At least annually, if required by the City’s Approved Pretreatment Program, the Director shall publish in the City’s largest daily newspaper a list of all industrial users, which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment requirements.
(Ord. 19-02-0. Passed 6-3-02.)
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