(A) Application requirements.
(1) Any person who is now discharging any industrial wastewater into the wastewater disposal system or who desires to discharge any industrial wastewater shall complete an official application and file it with the local government.
(2) Approval shall be evidenced by written notice from the Superintendent. Any person now so discharging industrial wastewater shall complete and file an application within 180 days from the date of passage of this chapter.
(3) Any person desiring to commence discharging industrial wastewater after this chapter becomes effective shall complete and file an application in order to obtain discharge permission from the local government prior to commencing the discharge of the wastes into the wastewater disposal system.
(B) Contents of application.
(1) Contents of application:
(a) Name, address and location, (if different from the address);
(b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics including but not limited to those mentioned in § 52.04(D) and (G) above, as determined by a qualified laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136, as amended;
(d) Time and duration of discharge;
(e) Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all building drains, building sewers and appurtenances by the size, location and elevation;
(g) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any local government, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional O&M and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(i) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide the additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like);
2. No increment referred to in division (B)(1)(i)1. above shall exceed nine months; and
3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on that 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 user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(j) Each product produced by type, amount, process or processes and rate of production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number of type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; and
(m) Any other information as may be deemed by the local government to be necessary to evaluate the application.
(2) The Superintendent will evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the data provided, the local government will grant permission to discharge subject to the terms and conditions provided herein.
(3) Significant industrial users which through changes in the use of the premises or water usage cause a significant change in wastewater volume, strength or characteristic shall require a new application filed prior to making the change or alteration.
(C) Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to those standards shall be revised to require compliance with that standard within the time frame prescribed by that standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by division (A) above, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the local government within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by division (B)(1)(h) and (i) above.
(D) Control structure.
(1) When required by the local government, the owner of any property served by a building sewer carrying nonresidential wastewater shall build a control structure in the building sewer from his or her premises just prior to the entrance of the building sewer into the public sewer suitable for sampling and measuring his or her wastewater. Plans for this structure shall be approved by the local government. There shall be ample room in or near the sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the owner.
(2) Each sampling chamber shall contain a Parshall flume, weir or similar device with a recording and totalizing register for measuring liquid quantity; or the metered water supply to the industrial plant may be used as a measure of liquid quantity where it is substantiated by the Superintendent that the metered water supply and waste quantities are approximately the same or where a measurable adjustment agreed to by the local government is made in the metered water supply to determine the liquid waste quantity.
(E) Authority of local government to furnish technical advice. The local government is authorized to consult with and furnish technical assistance and advice to industrial users of the wastewater disposal system in order to assist them in devising procedures and constructing equipment to reduce or eliminate from industrial wastewater objectionable characteristics or properties which may not otherwise be discharged into the wastewater disposal system under this chapter.
(F) Notice of process change/interruption of operation. Notice by the user shall be given to the Superintendent in advance or at the earliest possible time when normal operations of the industry will be interrupted for 24 hours or longer, when wastes will not be available for discharge, or prior to implementation of a process change which will alter demands on the POTW.
(G) User records. Any user shall maintain and retain for three years all plant records relating to wastewater discharges as specified by the local government and afford the local government access thereto. These records include but are not limited to production records, wastewater self-monitoring records and state and EPA required records.
(H) Transfer of discharge permission.
(1) Wastewater discharge permission is issued to a specific industrial user for a specific operation.
(2) Wastewater discharge permission shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the local government.
(3) Any succeeding owner or user shall also comply with the terms and conditions of the ordinance. Written requests for transfer of discharge permission shall be made to the Superintendent.
(I) Confidentiality.
(1) Information and data on a user obtained from reports, questionnaires, discharge applications and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the local government that the release of that information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing the report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public. It will, however, be made available upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that those portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information.
(2) Information accepted by the local government as confidential shall not be given to any governmental agency or to the general public by the local government until and unless a ten-day notification is given to the user.
(J) Pretreatment.
(1) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the local government shall be constructed, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Superintendent for review, and shall be acceptable to the local government before construction of the facility. The review of the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the local government under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the local government prior to the user’s initiation of the changes.
(2) The local government shall annually publish in the local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(3) All records relating to compliance with pretreatment standards shall be made available to officials of the EPA, the state or other approval authority upon request.
(K) Special industrial discharges.
(1) Any person engaging in the activities permitted by this section shall be referred to as contractors. Contractors shall be permitted to empty septic tank sludge or wastes from chemical toilets into the POTW at the designated structure located at the wastewater treatment plant.
(2) This discharge is subject to the following limitations and conditions:
(a) The contractor must empty all wastes only at the designated structure at the wastewater treatment plant and must keep this area maintained and clean;
(b) The contractor must provide accurate and complete information as to the origin of the septic tank waste;
(c) Any discharge of any waste other than the domestic type from a septic tank contractor is forbidden without special permission from the local government and only after laboratory analyses of the waste. The cost of the laboratory analyses shall be paid by the contractor;
(d) Septic tank contractors shall purchase books of permit tickets from the local government to enable them to discharge wastes at the wastewater treatment plant. The driver of the septic tank vehicle shall present the completed ticket to the operator on duty. The permit ticket shall include the name of the individual, firm or corporation responsible for the waste, the name of the driver, the date and time of discharge and the name, address and telephone number of the owner of each premises where the waste was collected;
(e) Spot checks of septic tank wastes shall be made at the discretion of the Superintendent and laboratory analyses performed. Should any waste be found in violation of any section or division of the ordinance the following penalties shall be assessed the contractor:
1. First offense: $100 penalty;
2. Second offense: $250 penalty; and
3. Third offense: permission to discharge septic tank wastes into the POTW shall be revoked
(f) A contractor may apply to the local government to regain permission to empty septic tank wastes and shall have all septic tank waste checked and analyzed until the Superintendent is satisfied that no more violations have occurred. The cost of the laboratory analyses shall be paid by the contractor.
(Ord. passed 8-15-1984)