(1) Permits. Connection permits are required for all commercial and industrial users. Discharge permits are required for all significant industrial users.
(a) Application. An application for original, additional, or continuation of service must be made at the office of the Department of Water Quality Control or other specified locations, and must be dully approved before connection is made. The application shall be in the prescribed form of the Department of Water Quality Control. In support of this application, the user shall submit the following information:
(i) Name, address, and SIC number of applicant;
(ii) Volume of wastewater to be discharged by category (i.e., contact cooling water, non-contact cooling water, process wastes, sanitary sewage);
(iv) Time and duration of discharge;
(v) Average and 30-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;
(vi) A site plan/floor plan drawing to an approximate scale showing the property, water distribution system and sewer layout, indicating existing and proposed pretreatment and/or equalization facilities and the location of all floor drains and connections to the sewer system;
(vii) Description of activities, facilities and plant processes, including quantities of all materials on the premises which are, or could be, discharged; and
(viii) Any other information as may be deemed by the Control Authority to be necessary to evaluate the permit application.
The receipt by the City of a prospective customer's application for service shall not obligate the city to render the service. If the service applied for cannot be supplied in accordance with this chapter, or the city's rules and regulations and general practice, the application shall be rejected and there shall be no liability of the City to the applicant for such service.
The Control Authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Control Authority may issue a wastewater discharge permit subject to terms and conditions provided herein.
(b) Confidential information. All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or any other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Control Authority that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user which would be detrimental to the user's competitive position.
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, but shall be made available to governmental agencies as required to administer and enforce the pretreatment program. Wastewater constituents and characteristics will not be recognized as confidential information.
(c) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, user charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this chapter, and applicable state and federal regulations. Permit conditions may include the following:
(i) Statement of duration; Permits shall be issued for a specified time period, not to exceed five years. If application for permit renewal has been made in accordance with the requirements of this section, the existing permit shall remain in force until a new permit is issued.
(ii) Statement that the permit is non-transferable.
(iii) Effluent limits. Limits will be based on:
(A) Applicable general pretreatment standards,
(B) Categorical Pretreatment Standards,
(C) Local limits,
(D) State and local laws, and
(E) Best Management Practices.
(iv) Reporting requirements. This includes POTW or self-monitoring, sampling, reporting, notification and record keeping requirements, identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type.
(v) Unit charges for violation of limitations on wastewater strength.
(vi) Requirements for flow regulation and equalization.
(vii) Requirements for installation and maintenance of inspection and sampling facilities.
(viii) Whenever deemed necessary, such as newly constructed industries, the Control Authority may require Users to designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the User's compliance with the requirements of this ordinance.
(ix) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Control Authority and allowing access to records by employees of the Department and other authorized persons. Records shall be available for inspection and copying by the Control Authority.
(x) Requirements for submitting certification statements of data accuracy.
(xi) Requirements for notification to the Control Authority of any new processes or any substantial changes in the existing process or in the volume or characteristics of the existing discharge.
(xii) The Control Authority may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Control Authority may develop such a plan for any User. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
(A) Description of discharge practices, including non-routine batch discharges;
(B) Description of stored chemicals;
(C) Procedures for immediately notifying (the Superintendent) of any accidental or Slug Discharge, as required by § 18-206 of this chapter; and
(D) Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(xiii) Requirements to control slug or accidental discharges and for notification of slug or accidental discharges to the Control Authority.
(xiv) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.
(xv) Any applicable compliance schedule.
(xvi) Other conditions to ensure compliance with this chapter.
(d) Permit modification. The terms and conditions of the permit may be subject to modification and change by the Control Authority during the life of the permit, as limitations or requirements are modified and changed. The user shall be informed of any proposed changes in his permit at least thirty (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 as determined by the Control Authority.
(e) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation and shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.
(2) Sampling and analytical requirements. Sampling and analysis shall be conducted in accordance with procedures established by the administrator pursuant to Section 304(h) of the Act and contained in 40 CFR Part 136 as amended. All reports of sampling and analysis shall identify the analytical method used as well as the person's name who conducted the sampling and analysis.
Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which no historical history is available. For facilities with historical data available for grab samples, the POTW may authorize a lower minimum. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the POTW. Where time-proportional composite sampling is authorized by the POTW, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the Industrial User's file.
(3) Reporting requirements, (a) Permit limit violations. If sampling performed by an Industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation and shall provide written notice of the violation within 5 days of becoming aware of the violation. This written notice shall include an explanation of the cause of the violation, and steps being taken to correct the violation and prevent future violations. Such notification shall not relieve the user of liability for any damage caused to the POTW by the discharge, or from any enforcement action which may be taken by the city as a result of the violation.
The user shall also repeat the sampling and analysis for the parameter(s) violated and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation.
Reporting requirements for Industrial Users upon effective date of Categorical Pretreatment Standard-Baseline Report.
Within 180 days after the effective date of a categorical Pretreatment Standard, or 180 days after the final administrative decision made upon a category determination submission under Tennessee Rule 0400-40-14-.06(1)(d), whichever is later, existing Industrial Users subject to such categorical Pretreatment Standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the Control Authority a report which contains the following information listed in subparagraphs (i)-(vii) of this paragraph. At least 90 days prior to commencement of discharge, New Sources, and sources that become Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall be required to submit to the Control Authority a report which contains the information listed in subparagraphs (i)-(vii) of this paragraph. New Sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New Sources shall give estimates of the information requested in subparagraphs (iv) and (v) of this paragraph:
(i) Identifying Information. The User shall submit name and address of the facility including the name of the operator and owners.
(ii) Permits. The User shall submit a list of any environmental control permits held by or for the facility.
(iii) Description of Operations. The User shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by such Industrial User. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(iv) Flow Measurement. The User shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams as necessary to allow the use of the combined waste stream formula of Tennessee Rule 0400-40-14-.06(5). The Control Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(v) Measurement of Pollutants.
(A) The User shall identify the Pretreatment Standards applicable to each regulated process.
(B) In addition, the User shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations. In cases where the Standard required compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Control Authority or the applicable Standards to determine compliance with the Standard.
(C) The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
(D) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other waste streams are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined waste stream formula of Tennessee Rule 0400-40-14-.06(5) in order to evaluate compliance with the Pretreatment Standards. Where an alternative concentration has been calculated in accordance with Tennessee Rule 0400-40-14-.06(5) this adjusted limit along with supporting data shall be submitted to the Control Authority.
(E) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator of the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator of the EPA.
(F) The Control Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(G) The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(vi) Certification. A statement, reviewed by an authorized representative of the Industrial User and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements. This certification must state that the information submitted is to the best of the authorized representatives knowledge and belief to be true, accurate, and complete per Tennessee Rule 0400-40-14-.06(1)(b)2.
(vii) Compliance Schedule. If additional Pretreatment and/or Operation and Maintenance will be required to meet Pretreatment Standards; the shortest schedule by which the Industrial User will provide such additional pretreatment or Operation and Maintenance. The completion date established for the applicable Pretreatment Standard shall not be later than the compliance date established for the applicable Pretreatment Standard.
(b) POTW Sampling of Industrial Users. The POTW will sample in lieu of the Industrial User. The POTW will work with a lab to ensure all pollutants within the Industry's permit are sampled according to their permit. The sampling reports will be forwarded to both the Industrial User and POTW for review. The POTW has the ultimate control of the sampling requirements, procedures, and schedule; however, the Industrial User will also evaluate the sampling reports and sign stating whether the Industrial User is in violation. The Industrial User is still required to oversee their sampling reports to ensure their awareness of their discharge parameters in relation to their Industrial permit and to certify that they are operating within their permit limits. Control Authority approval is required for an Industrial User to monitor and schedule its own sampling with a lab.
(c) Permit limit violations. If sampling performed by the POTW/Industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation and shall provide written notice of the violation within 5 days of becoming aware of the violation. This written notice shall include an explanation of the cause of the violation, and steps being taken to correct the violation and prevent future violations. Such notification shall not relieve the user of liability for any damage caused to the POTW by the discharge, or from any enforcement action which may be taken by the city as a result of the violation.
The POTW/Industrial user shall also repeat the sampling and analysis for the parameter(s) violated and submit the results of the repeat analysis to the Control Authority within 30 days after becoming aware of the violation. Repeat analysis is not required if:
(i) The POTW/User samples the Industrial User at a frequency of at least once per month, or
(ii) The POTW/User performs sampling at the Industry between the time of initial sampling and the time when the POTW/User receives the results of this sampling.
(d) Schedule. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of new sources, within 90 days of commencement of discharge, any industrial user subject to the categorical pretreatment standards shall submit to the Control Authority, a report containing the information described in subparagraphs (2)(d)-(f) of Tennessee Rule 0400-40-14-.12. The report shall state whether the applicable categorical standards are being met on a consistent basis, and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance. This statement shall be signed by an authorized representative of the user, and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional Operation and Maintenance (O & M) and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements.
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 Industrial User to meet the applicable categorical Pretreatment Standards. Not later than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the Control Authority including, at a minimum, whether or not it complied with the increment of progress to be met on such 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 schedule established. In no event shall more than 9 months elapse between such progress reports to the Control Authority.
(e) Periodic compliance reports. All significant industrial users whose discharge is monitored, are required to submit to the Control Authority monitoring reports at the intervals specified in the users permit. The reports should be received in the office of the Department no later than the 15th day of the month following the reporting period. This report shall contain the results of all sampling and analyses, performed in accordance with § 18-206(2), of the discharge for the reporting period, as well as all flow measurements, even if the sampling is performed more frequently than required. This report shall include a statement that the information submitted is to the best of the authorized representatives knowledge and belief to be true, accurate, and complete per Tennessee Rule 0400-40-14-.06(1)(b)2. The report shall be signed by an authorized representative of the user. Any violations detected during self-monitoring are subject to the reporting requirements of § 18-206
(3)(c).
In cases where the Pretreatment Standard requires compliance with a Best Management Practice (or pollution prevention alternative), the User shall submit documentation required by the POTW or Pretreatment Standard necessary to determine the compliance status of the User in the same month in which the compliance/monitoring report is due. These reports must be based on sampling and analysis performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto.
The Industrial User shall be required to retain for a minimum of 3 years any Best Management Practice records or records of monitoring activities and results (whether or not such monitoring activities are required by this rule) and shall make such records available for inspection and copying by the POTW. The period of retention shall be extended during the course of any unresolved litigation regarding the Industrial User or POTW or when requested by the POTW.
(f) Notice of discharges. Significant Industrial Users are required to notify the POTW immediately of any changes to its facility affecting potential for a slug discharge. Users shall notify the Control Authority immediately upon accidental discharge or slug discharge in violation of this chapter to enable countermeasures to be taken to minimize damage to the POTW and the receiving waters.
This notification shall be followed within five (5) days of the date of occurrence by a detailed written statement describing the cause of the violation and a plan including specific required actions for the satisfactory correction of the violation and prevention of future violations of the same nature. Such notification will not relieve users of liability for any expense, loss, or damage to the sewer system, treatment plant, or treatment process, or for any penalties or fines imposed on the city on account thereof under state and federal law.
(g) Notice to employees. In order that employees of users be informed of the City's requirements, users shall make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the Control Authority from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of a violation of this chapter. Employees shall be informed that immediate reporting of accidental and slug discharges is required.
(h) Discharge of hazardous wastes. All industrial users shall notify the Control Authority, the Tennessee Department of Environment and Conservation, Division of Solid Waste Management and the EPA Region IV Waste Management Division Director in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 (RCRA). The notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other).
If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the user: An identification of the hazardous constituents contained in the wastes, an estimate of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the wastewater expected to be discharged during the following 12 months.
Notification shall be provided within 180 days of discharge. Notification need be submitted only once for each hazardous waste discharged; however, advance notification of substantial change is required.
Industrial users are exempt from notification requirements if:
(i) The pollutants are already monitored and reported under the user's permit requirements; or
(ii) Less than 15 kilograms of non-acute hazardous wastes are discharged within a calendar month.
If new regulations identify additional characteristics of hazardous wastes or list new hazardous wastes, notification of the appropriate authorities by the industrial user is required within 90 days of the effective date of such regulations.
If notification is required, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined economically feasible.
(iii) Additional sampling. All sampling performed in accordance with 40 CFR part 136, by an industrial user subject to the reporting requirements of a pretreatment permit shall submit the results for all sampling. This includes sampling that is done in addition to the required sampling of the users permit.
(4) Pretreatment.
(a) Criteria for pretreatment. Any wastewater discharge from a significant industrial user whose discharge violates EPA regulations, any applicable categorical pretreatment standards, or the limitations set out under §§ 18-204
(2) and 18-204
(3) of this chapter shall pretreat at the point of origin in a private wastewater treatment plant provided, maintained and operated by the owner.
Any discharge exceeding only the "limitations on strength" provisions of this chapter (§ 18-204(5)) may be pretreated at the point of origin in a private wastewater treatment plant provided, maintained and operated by the owner, or the user may pay the applicable surcharge as contained in § 18-207(6).
(b) Design and construction. All users who elect or are required to construct new or additional facilities for pretreatment shall submit at least two complete sets of plans, specifications, and other pertinent information relative to the proposed construction to the Control Authority for approval. Plans and specifications submitted for approval must bear the seal of a professional engineer registered to practice engineering in the State of Tennessee. Written approval from the Control Authority must be obtained before construction of new or additional facilities may begin. The plans, specifications, and other pertinent information submitted to the city for approval will be retained as file material for future reference with one approved copy returned to the user.
(c) New pretreatment facilities for existing sources. In the event new or additional pretreatment facilities for existing sources are required under the provisions of this chapter, the user shall be issued a compliance schedule for completion of the facilities. This compliance schedule shall include milestone deadlines for completion of design, start of construction, completion of construction, start-up of facilities and full compliance with all limitations. During the compliance schedule time period, the industrial user shall submit written progress reports to the Control Authority not less often than every three months. In the event the user is making a good faith effort to comply but is prevented from compliance due to circumstances beyond the user's control, deadlines may be extended by the Control Authority. Time limits imposed by federal pretreatment regulations shall take precedence over any compliance schedule issued by the city.
(d) Inspection of facilities. A permit for the operation of a new or existing pretreatment or equalization system shall not be issued until and unless the installation is completed to the satisfaction of the Control Authority and written approval for operation is issued to the owner by the Control Authority. The Control Authority shall be allowed to inspect the work at any state of construction. The applicant for the permit shall notify the Control Authority when the work is ready for final inspection.
(e) Maintenance of facilities. It shall be the responsibility of the owner to maintain all wastewater treatment or equalization facilities in good working order at all times. The Department of Water Quality Control must be notified in writing when pretreatment facilities will not be or are not operative by reason of equipment malfunction, emergency, routine maintenance, or any reason whatsoever. It shall be the responsibility of the owner to repair and maintain all pretreatment facilities on a high priority basis.
(5) Monitoring facilities. All significant industrial users shall be required to install a monitoring facility (a monitoring facility is a manhole or other suitable facility approved by the Control Authority which includes a metering device with suitable accommodations for composite sampling). When, in the judgment of the Control Authority, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Control Authority may require that separate monitoring facilities be installed for each separate source of discharge.
Monitoring facilities that are required to be installed shall be constructed and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewaters produced by a user. If sampling or metering equipment is also required by the Control Authority it shall be provided and installed at the user's expense. Such sampling equipment shall be required by the Control Authority only after sampling by the city establishes the existence of significant variations in concentrations or constituents of the user's discharge.
Operation, maintenance, sampling, and testing shall be performed by the Control Authority at the user's expense. Wastewater samples will be made available to the industry if requested.
The monitoring facility will normally be required to be located on the user's premises outside of the building. The Control Authority may, when such a location would be impractical or cause undue hardship on the user, allow the monitoring facility to be constructed in the public street right-of-way with the approval of the public agency having jurisdiction of the right-of-way. The monitoring facility shall be located, so that it will not be obstructed by landscaping or parked vehicles.
If the monitoring facility is inside the user's fence, special accommodation must be made so City personnel can have access without communicating with plant personnel before entry, such as for surprise sampling visits.
Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Control Authority's requirements and all applicable local agency construction standards and specifications. When, in the judgment of the Control Authority, an existing user requires a monitoring facility, the user will be so notified in writing. Construction must be completed within 180 days following written notification unless an extension is granted by the Control Authority.
(6) Grease, oil and sand interceptors.
(a) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Control Authority, they are necessary for the proper handling of liquid wastes containing grease from food establishments or grease, petroleum, grit, or other harmful ingredients from any other establishment; except that such interceptors shall not be required for private living quarters or dwelling units.
(b) Grease interceptors shall be sized and installed according to the Fats, Oil, and Grease (FOG) Management Program as it currently exists and amended in the future. The FOG Management Program is available at the City of Cookeville Department of Water Quality Control and on the Department's website. The FOG Program, developed by the Control Authority, may also have requirements for design specifications for interceptors, acceptable manufactures for "under sink" interceptors, cleaning frequency, and reporting requirements for interceptor pumping and/or cleaning.
(c) The Control Authority will determine the minimum capacity and specifications for interceptors for establishments that produce or handle grease or fluid, grit, or other floatable or settable pollutants not covered by the FOG Management Program based on the process and flow.
(d) When a grease or sand interceptor is required for an existing user, the user shall be notified in writing by the Control Authority. Grease and sand interceptors required for existing users shall be installed within 90 days of notification.
(e) Interceptors shall be located to be easily accessible for cleaning and inspection. Such interceptors shall be routinely inspected, pumped, cleaned, and repaired as necessary for proper operation of the interceptor and in accordance with the City's FOG Management Program by the User at their expense.
(f) Manifests for pumping and hauling the waste from the interceptor shall be kept on file at the facility for a minimum of 3 years.
(g) Facilities that do not pump their interceptor on a routine basis, causing overflows or blockages within the sanitary sewer collection system, will be required by the Control Authority to pump said interceptor on a compliance schedule determined by the Control Authority. Pump manifests shall be submitted to the Control Authority for a period of time to be determined by the Control Authority.
(7) Inspection. The Control Authority and representatives of the State and EPA bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
The facilities of any user may be inspected to ascertain whether the purposes of this chapter are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Control Authority as well as representatives of the State and EPA ready and immediate access at any time to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The Control Authority shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations.
If, during an inspection of his facility, the user is found to be in violation of his discharge permit, then such user shall be financially responsible and shall pay for any and all damages, including sampling and analytical costs.
(8) Safety. While performing the necessary work on private properties referred to in the above paragraph, the Control Authority shall observe all safety rules applicable to the premises established by the user, and the user shall be held harmless for injury or death to the Department of Water Quality Control employees, unless the owner/occupier of the property caused injury, death or damage.
(9) Revocation of permit. Any user who violates any condition of his permit, this chapter, or any applicable state and federal regulations is subject to having his permit revoked. Violations which may result in permit revocation include, but are not limited to, the following:
(a) Intentional failure of a user to accurately report the wastewater constituents and characteristics of his discharge;
(b) Failure of the user to report significant changes in operations for wastewater characteristics;
(c) Refusal of access to the user's premises for the purpose of inspection or monitoring; or,
(d) Violation of conditions of the permit.
(10) Waiver for Pollutant Sampling. The POTW may authorize the Industrial User subject to a categorical Pretreatment Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the Industrial User. This authorization is subject to the following conditions:
(a) The POTW may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical Standard and otherwise includes no process wastewater.
(b) The monitoring waiver is valid only for the duration of the effective period of the Permit, but in no case longer than 5 years. The Industrial User must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
(c) In making a demonstration that is a pollutant is not present, the Industrial User must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for the monitoring waiver must be signed in accordance with subparagraph (a) of this paragraph, and include the certification statement in Tennessee Rule 0400-40-14-.06(l)(b)2. Non-detectable sample results may only be used as a demonstration that a pollutant is not present is the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(d) Any grant of the monitoring waiver by the POTW must be included as a condition in the User's control mechanism. The reason's supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the POTW for 3 years after expiration of the waiver.
(e) Upon approval of the monitoring waiver and revision of the User's control mechanism by the POTW, the Industrial User must certify on each report with the statement below, that there has been no increase in the pollutant in its waste stream due to activities of the Industrial User:
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Tennessee Rule 0400-40-14-.12(5)(a).
(f) In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the User's operations, the User must immediately; notify the POTW and begin monitoring/reporting for said pollutant per requirements specified by the specified National Pretreatment Standard.
(g) This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard.
(Ord. #O17-09-17, October 2017)