(a) Prohibited Discharge.
(1) General Prohibitions: No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other National, State or local Pretreatment Standards or Requirements.
(2) Specific Prohibitions: No User shall introduce or cause to be introduced into the POTW the following pollutants or wastewater:
A. Pollutants which create a fire or explosion hazard in the POTW including, but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test method specified in 40 CRF 261.21.
B. Any solid or viscous substances which will, or may, obstruct flow in a sewer or interfere with operation of the treatment works.
C. Any pollutants, including oxygen-demanding pollutants, discharged at a flow rate and/or pollutant concentration which will cause interference in the treatment works.
D. Any wastewaters having a pH of less than 6.5 or greater than 9.0, or having corrosive property capable of causing damage or hazard to structures, equipment or personnel of the treatment works.
E. Any wastewaters whose temperature will inhibit biological activity in the wastewater treatment plant resulting in interference or causing damage; but in no case, wastewater with a temperature at the introduction to the wastewater treatment plant which exceeds 40 degrees C (140 degrees F.).
F. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to insure or interfere with any wastewater treatment process, which constitute a hazard to humans or animals, or which exceed the limitations set forth in this Ordinance. A toxic pollutant shall include but not be limited to any pollutant identified in the Priority Pollutant List set forth in Appendix A hereto.
G. Any substance which may cause the POTWs effluent or treatment residues sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or developed pursuant to the Solid Waste Disposal Act, Resources Conservation and Recovery Act or State standards applicable to the sludge management method being used.
H. Any substances which will cause the POTW to violate its NPDES and/or other Disposal System permits.
I. Petroleum oil, non-biodegradable cutting oil, or products of a mineral oil origin, in amounts that will cause Interference or Pass Through.
J. Trucked or hauled pollutants, except at a discharge point designated by the Director. All septic haulers must discharge at the receiving station at the W.W.T.P. No trucks may discharge between the hours of 7 p.m. to 7 a.m. unless authorized by the Director.
K. No slug loads.
L. Any unpolluted water except such water as may be discharged to a sewer which is designated to carry storm water.
M. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentrations as exceed limits in compliance with applicable State or Federal regulations.
N. Any wastewater which causes a hazard to human life or creates a public nuisance.
O. Any noxious, malodorous or toxic liquids, gases, vapors, fumes or solids, which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair or may cause acute worker health and safety problems.
(b) National Categorical Pretreatment Standards shall be met by all Dischargers of regulated industrial categories.
(1) National Categorical Pretreatment Standards as promulgated by the US Environmental Protection Agency (U.S. EPA) pursuant to the Act shall be met by all dischargers of the regulated industrial categorical pretreatment standards may be considered for submittal to the Regional Administrator by the Director, when the City's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7.
(2) When a categorical Pretreatment Standard is expressed in terms of pollutant concentrations, an Industrial User may request that the City of Coshocton convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director. The City of Coshocton may establish equivalent mass limits only if the Industrial User meets all the conditions set forth in the City of Coshocton Pretreatment Ordinance.
(c) The City reserves the right to amend this chapter to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with objectives set forth in this chapter.
(d) Dilution. No Discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this Permit or the Coshocton Municipal Pretreatment Ordinance.
(e) Permit Modifications. The City reserves the right to amend this Permit and the terms and condition thereof in order to assure compliance by the City with applicable laws and regulations.
(f) Permit Conditions. Dischargers shall be expressly subject to all provisions of the Coshocton Municipal Pretreatment Ordinance, Permit, and all other applicable regulations, User charges and fees established by the City.
(g) Recording of Results. For each measurement or sample taken pursuant to the requirements of this permit, the User shall record the following information:
(1) The exact place, date, and time of sampling;
(2) The dates the analyses were performed;
(3) The analytical techniques or methods used; and
(4) The results of all required analyses.
(h) Duty to Reapply. The Discharger shall apply for permit issuance, a minimum of 180 days prior to the expiration of the Industrial Discharger's existing permit.
(i) Permit Transfer. A Wastewater Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new Industrial Discharger, different premises or a new or changed operation without the approval of the City.
(j) Sampling and Analytical Methods.
(1) The Permit Holder shall provide a sampling location(s) suitable to obtain representative wastewater samples and flow measurements.
(2) Required samples and measurements shall be representative of the Permit Holder's daily operation. Analytical procedures for limited pollutants shall conform to USEPA approved procedures contained in 40 CFR, Part 136, and Test Procedures for the Analysis of Pollutants, unless other analytical methods are specified by this permit.
(3) Unless otherwise specified, samples shall be collected using a flow proportional composite sampling technique. Where composite sampling is not physically possible or is not an approved method of 40 CFR, Part 136, a grab sample is acceptable.
(4) The control authority may now require an Industrial User to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary.
(5) Periodic Compliance Reports (IU Self-Monitoring Reports) now specifically require grab samples for pH, Hexavalent chromium, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds.
(6) If a violation is detected through sampling and analysis conducted by the control authority, in lieu of the Industrial User, the control authority shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the User of the violation and requires the User to perform the repeat sampling and analysis.
(7) The Permit Holder shall periodically calibrate and maintain all monitoring and analytical equipment owned and operated by the Permit Holder at appropriate intervals to ensure accurate measurements.
(8) All wastewater samples must be representative of the Users discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge.
(k) Right of Entry. The City may inspect the premises of any Discharger to determine compliance with the requirements of the Coshocton Municipal Pretreatment Ordinance. The Discharger shall allow the Director, or his representatives, to enter upon the premises of the Discharger at all reasonable hours for the purpose of inspection, sampling or records examination.
(l) Confidential Information. Except for data determined to be confidential under the Coshocton Municipal Pretreatment Ordinance, all reports required by this Permit shall be available for public inspection at the office of the Director. Wastewater constituents shall not be considered confidential information.
(m) Revocation of Permit. The City may terminate wastewater services or the permit if the Discharger fails to:
(1) Factually report the wastewater constituents and characteristics of its discharge
(2) Report significant changes in wastewater constituents or characteristics; or
(3) Permit reasonable access to the Discharger's premises by representatives of the City for the purpose of inspection or monitoring; or who violates the conditions of this permit, the Coshocton Pretreatment Ordinance, or any judicial order entered with respect thereto.
(n) Duty to Provide Information. Within a reasonable time, the Permit Holder shall submit any information Coshocton may request to determine compliance with this permit or to determine whether cause exists to modify or revoke this permit. At Coshocton's request, the Permit Holder shall submit copies of records maintained for compliance with this permit.
(o) Falsifying Information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this permit or Municipal Pretreatment Ordinance, or who falsifies, tampers with, or knowingly renders inaccurate, any monitoring devices or method required under this permit shall, upon conviction, be punished by the imposition of a misdemeanor of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months.
(p) Records Retention. Users subject to the reporting requirements of the Pretreatment Ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by the Pretreatment Ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices under the Pretreatment Ordinance. Records shall include the dates, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analysis were performed and the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City of Coshocton, or where the User has been specifically notified of a longer retention period by the Director.
(q) Severability. If any provisions, paragraph, word, section, or chapter of this permit is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force.
(r) Proper Disposal of Pretreatment Sludges and Spent Chemicals. The disposal of sludges and spent chemicals generated shall be done in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act.
(s) Signatory Requirements.
(1) Signatory requirements for Industrial User reports shall be by a responsible corporate officer, if the Industrial User submitting the reports required by subsections (s)(2), (3) or (4) is a corporation. For the purposes of this paragraph, a responsible corporate officer means: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-decision-making functions for the corporation, or the manager of one or more manufacturing, production facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations, which can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the Discharger submitting the reports is a partnership or sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated in subsection (s)(1) or (2) hereof if:
A. The authorization specifies either an individual described in subsection (s)(1) or (2) hereof;
B. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Discharger originates, such as the position of plant manager, operator of a well; or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
C. The written authorization is submitted to the Director.
(4) If an authorization under subsection (s)(3) hereof 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 subsection (s)(3) hereof must be submitted to the Director prior to, or together with any reports to be signed by an authorized representative.
(t) Need to Halt or Reduce Activity. It shall not be a defense for the Permit Holder in an enforcement action that it would have been necessary to halt or reduce permitted activity to maintain compliance with any permit condition.
(u) Property Rights. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any invasion of personal rights, nor any infringement of Federal, State or Local regulations.
(v) Penalty Provision.
(1) Any discharger who is found to have violated an order of the City or who has failed to comply with any provision of the Coshocton Municipal Pretreatment Ordinance or the Wastewater Discharge Permit, the regulations or rules of the City or orders of any court of competent jurisdiction may be subject to imposition of a misdemeanor not to exceed one thousand dollars ($1,000) for each offense.
(2) Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court cost, court reporters fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter, the Wastewater Discharge Permit or the orders, rules regulations and permits issued hereunder.
(w) Notice of Slug Loading.
(1) Any slug load shall be prohibited.
(2) Slug Plans. The City may require a User to develop a slug discharge control plan if determined to be necessary by the Director. The Slug Plan shall be reviewed at least once each five (5) year cycle.
(3) Significant Industrial Users are required to notify the Director immediately of any chances at its facility affecting the potential for a Slug Discharge.
(Ord. 44-21. Passed 11-8-21.)