(a) Wastewater Discharge Orders.
(1) It shall be unlawful to discharge industrial wastes without discharge orders or permits issued by the City of Conneaut into any sewer within the jurisdiction of the City of Conneaut, and/or into the City of Conneaut's facilities without Orders issued by the City of Conneaut and without first having complied with the terms of this chapter. Wastewater Discharge Orders shall be conditioned upon the holder's compliance with any additional pretreatment, additional operation and maintenance requirements, and schedules of compliance approved by the Director under subsections (b), (c) and (f) hereof.
(2) New sources shall install and have in operating condition, and shall "start-up" all pollution control equipment required to meet applicable Pretreatment Standards before beginning to Discharge. Within the shortest feasible time (not to exceed 90 days), New Sources must meet all applicable Pretreatment Standards.
(3) Wastewater Pretreatment Discharge Orders or permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City of Conneaut. Orders and/or permits shall, to the extent applicable, contain the following, at a minimum:
A. Company name, address and location of discharge;
B. Limits on the wastewater constituents and characteristics;
C. Limits on the maximum wastewater concentrations and sewer flow rates;
D. Requirements for installation and maintenance of inspection and sampling facilities;
E. Compliance schedules, if applicable;
F. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule;
G. Requirements for submission of technical reports or discharge reports;
H. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City of Conneaut, and affording the City of Conneaut access thereto;
I. Requirements for notification of slug discharges;
J. Other conditions as deemed appropriate by the City of Conneaut to ensure compliance with this chapter.
(4) Prior to the issuance or reissuance of a Discharge Order or Permit by the City, the following information must be contained within the pretreatment file system. Some of the information may be gathered by the City, but the completeness of the information is the sole responsibility of the Industrial Discharger. The information that must be on file includes, but is not limited to, the following:
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, 1972, as amended;
C. Wastewater constituents and characteristics are as determined by bonafide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended;
D. Time and duration of discharges;
E. Average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility;
F. Provide a schematic process diagram which indicates points of discharge to the POTW from the regulated process.
G. Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City;
H. The nature and concentrations of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the Discharger to comply with this chapter;
I. Where additional pretreatment and/or operation and maintenance activities are required to comply with this chapter, the Discharger shall provide a schedule of compliance of the shortest schedule by which the Discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities;
J. The average rate of production;
K. Type and amount of raw materials utilized (average and maximum per day);
L. Completed forms and/or questionnaires as required by the City.
(5) Wastewater discharge orders or permits are issued to a specific person for a specific operation contingent on the complete, up to date, and thorough information called for by subsection (a)(4) hereof. Wastewater Discharge Orders shall not be reassigned or transferred or sold to a new owner, new person, different premises, or a new or changed operation without the approval of the Superintendent.
(6) Permits or Wastewater Discharge Orders shall be issued for a specific time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The Industrial User shall apply for permit reissuance a minimum of 180 days prior to the expiration of the Industrial User's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just cause exists. The Industrial User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(b) Baseline Monitoring Report Requirements. All Industrial Users subject to Federal Regulations shall complete and file with the City of Conneaut a baseline monitoring report in the forms provided therefore upon request of the City of Conneaut. The baseline monitoring report shall be submitted to the City of Conneaut within 180 days after the promulgation of their respective categorical standards as required by 40 CFR Part 403. At least 90 days prior to commencement of discharge, New Sources, and Industrial Users subject to the promulgation of an applicable Categorical Standard shall submit to the City of Conneaut a report which contains the information listed in this section. In addition, any Industrial User operating on the basis of a previous filing of a baseline monitoring report, shall submit to the City of Conneaut within 180 days after the promulgation of an applicable Categorical Pretreatment Standard, the additional information required by subsection (c) hereof. Any changes or new conditions in this chapter shall include a reasonable time schedule for compliance.
The baseline monitoring report to be made by the Industrial User shall be made on written forms and shall cover:
(1) Disclosure of name, address, and location of the Industrial User;
(2) Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) Disclosure of wastewater constituents and characteristics including, but not limited, to those mentioned in this chapter, as determined by bonafide chemical and biological analyses. Sampling and analysis shall be performed as described in subsection (f) hereof;
(4) Disclosure of time and duration of discharges;
(5) Disclosure of average daily wastewater flow rates in gallons per day, including daily, monthly and seasonal variations, if any;
(6) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
(7) Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the City of Conneaut's POTW. New Sources shall provide information on the method of pretreatment the source intends to use to meet applicable pretreatment standards;
(8) Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the Industrial User to comply with this chapter;
(9) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the Industrial User shall provide a declaration of the shortest schedule by which the Industrial User will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
A. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Industrial User to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this chapter.
B. Under no circumstances shall the City of Conneaut permit a time increment for any single step directed toward compliance which exceeds nine (9) months.
C. No later than 14 days following each milestone date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the City of Conneaut including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the City of Conneaut.
(10) Disclosure of each product by type, amount, process or processes and rate of production;
(11) Disclosure of the type and amount of raw materials utilized (average and maximum per day);
The City of Conneaut will evaluate the complete baseline monitoring report and data furnished by the Industrial User and may require additional information. Within a reasonable time after full evaluation and acceptance of the data furnished, the City of Conneaut shall notify the Industrial User of the City of Conneaut acceptance thereof.
(c) Standards Modification. All Categorical Pretreatment Standards presently in effect as hereafter added or amended are hereby adopted by reference by the City of Conneaut as part of this chapter.
(d) Compliance Date Report. Within 90 days following the date for final compliance by the Industrial User with applicable Pretreatment Standards set forth in this chapter or 90 days following commencement of the introduction of wastewater into the City of Conneaut facilities by a New Industrial User, any Industrial User subject to this chapter shall submit to the City of Conneaut a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the Industrial User into compliance with the applicable Pretreatment Standards or Requirements.
(e) Periodic Compliance Reports.
(1) Any Industrial User subject to a Categorical Pretreatment Standard shall submit to the City of Conneaut during the months of June and December, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are required by the Wastewater Discharge Orders. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement provided; however, where cost of feasibility or conditions justify, the City of Conneaut may accept reports of average and maximum flows estimated by verifiable techniques. The City of Conneaut, 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 said reports on months other than those specified above. Where required by the Wastewater Discharge Orders, the report shall include production and operating data.
(f) Monitoring and Analysis. Any sampling or analysis done as part of the reports required in this section of the Code shall be performed as follows:
(1) The sampling and analysis done as part of the reports required in subsection (e)(1) hereof shall consist of a minimum of four (4) grab samples within a 24-hour period, with the individual test results averaged, must be used for pH, cyanide, hexavalent chromium, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The City may waive flow proportional composite sampling for any Industrial User that demonstrates that flow proportional sampling is infeasible. In such cases, samplings may be obtained through time-proportional composite sampling techniques or through a minimum of four (4) grab samples where the User demonstrates to the Director's satisfaction that this will provide a representative sample of the effluent being discharged.
(2) Any sampling or analysis done as part of the reports required by subsection (a)(3)F. hereof shall consist of a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this section. The City may require additional samples.
(3) If sampling performed by the Industrial User indicates a violation, the User shall notify the City of Conneaut within 24 hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City of Conneaut within 30 days after becoming aware of the violation whether the violation is detected by sampling performed by the User or the City of Conneaut personnel.
(4) Reports of Industrial Users shall contain all results of sampling and analysis of the discharge, including the flow, the type of sample, and the nature and concentration, or production and mass where required by the City of Conneaut. The frequency of monitoring by the Industrial User shall be as prescribed in the Wastewater Discharge Orders. 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 the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Director.
(5) If an Industrial User subject to the reporting requirement in subsections (a)(3)F., (b)(3), (d) and (e)(1) monitors any pollutant more frequently than required by the City of Conneaut, using the procedures prescribed in subsection (f)(4), the results of this monitoring shall be included in the report.
(g) Signatory Requirements. Any reports required in this section shall include the certification statement 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."
Furthermore, all reports shall be signed by an Authorized Representative of the Industrial User. If an authorization under Section 931.02, Definitions, is no longer accurate because a different individual or position has responsibility for the overall operation of the Facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Section 931.02 must be submitted to the City of Conneaut prior to or together with any reports to be signed by an authorized representative.
(h) Inspection and Sampling: Inspection Chambers May Be Required.
(1) All sewer users discharging industrial wastes shall have an inspection and sampling manhole or structure with an opening of no less than 24 inches diameter and an internal diameter of no less than 36 inches containing flow measuring, recording and sampling equipment as required by the Director to assure compliance with this Code. The Director may require the owner of any premises which discharges to the system to install a suitable inspection chamber together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the discharge, or potential discharge. Such chambers, when required, shall be constructed in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 30 days of written notification from the Director that a manhole is required. The entire cost of the installation shall be paid by the Sewer User.
(2) If the sampling and monitoring facilities are not constructed within 30 days of official notification given to the property owner by the Director, the Director shall utilize City procurement procedures to commission the purchase and installation of said sampling and monitoring manhole. The cost of the installation shall be charged to and collected from the property owner.
(3) The City may inspect the facilities and the process and operation records of any Discharger to determine compliance with the requirements of this Code. The Discharger shall allow the City or its representatives, upon presentation of credentials of identification, access to all process and operation documents and to enter upon the premises of the Discharger for the purposes of inspection, sampling, or records examination. The Director shall have the right to set up on the Discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The Director shall, at all times, have free access to the premises and process and operation records of any User, and free access to the premises and process and operation records of any person reasonably believed by the Director to be a User or possible User, for the purpose of inspecting, sampling, or testing the discharge emanating therefrom, or any discharge which may emanate therefrom in order to determine whether such discharge, or potential discharge is acceptable or unacceptable to the City.
(i) Confidential Information. Information and data furnished to the City of Conneaut with respect to the nature and frequency of discharge shall be available to the public without restriction, unless the Industrial User demonstrates that release of such information would divulge information entitled to protection as trade secrets or proprietary information. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City of Conneaut as confidential, shall not be transmitted to any governmental agency until and unless a ten (10) day notification is given to the Industrial User.
No Industrial User shall have a claim against the City of Conneaut for release of any information as a condition of continuance of their Wastewater Discharge Orders.
(j) Bypass of Treatment System.
(1) Bypass not violating applicable pretreatment standards or requirements. An Industrial User may allow any bypass to occur which does not cause an Applicable Pretreatment Standard to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsection (j)(3) hereof.
(2) Notice.
A. If an Industrial User knows in advance of the need for a bypass, it shall submit prior notice to the City of Conneaut at least ten days before the date of the bypass.
B. An Industrial User shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to the City of Conneaut immediately upon the time the Industrial User becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the Industrial User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City of Conneaut may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(3) Prohibition of bypass.
A. Bypass is prohibited, and the City of Conneaut may take enforcement action against an Industrial User for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a Bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
B. The City of Conneaut may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the two (2) conditions listed in subsections (j)(3)A.1.and 2.
(k) Notification of Change in Discharge Characteristics. All Industrial Users shall promptly notify the Conneaut WWTP Superintendent in advance of any substantial change in the volume or character of pollutants in their discharge including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12 (p).
(l) Self-Monitoring and Reporting Requirements. The City of Conneaut may, when deemed necessary by the Service Director, require any sewer user to sample, analyze and report the characteristics of the user's sewer discharge. The frequency, type of sample, and the parameters selected for analysis shall be set by the Service Director.
(m) Resampling Upon Discovery of a Violation.
(1) When a sewer user becomes aware of a violation as a result of any self-monitoring, the sewer user shall notify the City of Conneaut within 24 hours. The sewer user shall resample and report the results to the City within 30 days of the time that the violation became known to the user.
(2) When the City of Conneaut becomes aware of a violation as a result of monitoring of industrial effluent, the sewer user with the violation will be resampled within 30 days of the time that the violation became known to the City. The parameters sampled for will be determined by the City. The sewer user will be responsible for the cost of all subsequent sampling and analysis.
(n) Modification of Sampling Point. All sewer users required to self-monitor shall collect samples from the point designated by the City. The sampling point shall not be changed without specific permission of the City.
(Ord. 106-15. Passed 12-14-15.)