(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.)