(a) Discharge Permit Requirements.
(1) All dischargers must notify the Superintendent of the nature and characteristics of their wastewater prior to commencing their discharge. Normally the data disclosure documents (baseline monitoring report) will be used for this purpose.
(2) It shall be unlawful for significant industrial users to discharge wastewater, either directly or indirectly, into the POTW without first obtaining an industrial user discharge permit from the Superintendent. Any violation of the terms and conditions of an industrial user discharge permit shall be deemed a violation of this chapter. Obtaining an industrial user discharge permit does not relieve a permittee of his or her or its obligation to obtain other permits required by Federal, State or local law.
(3) The Superintendent may require that other industrial users discharging to the POTW, including liquid waste haulers, obtain industrial user discharge permits as are necessary to carry out the purpose of this chapter.
(b) Discharge Data Disclosure/Permit Application. Industrial users required to have a discharge permit shall complete and file with the City a discharge data disclosure/permit application in the form prescribed by the City. Proposed new dischargers and existing dischargers who plan to modify their processes or wastewater characteristics, including flow rates and volumes, shall file their discharge data disclosure/permit application forms ninety days prior to any connection or change. Any significant industrial user who discharges into the POTW prior to the effective date of this chapter who does not already have an industrial user discharge permit and who wishes to continue such discharges in the future, shall, within ninety days after the effective date of this chapter, apply to the City for an industrial user discharge permit and shall not cause or allow discharges to the POTW to continue after 180 days from the effective date of this chapter, except in accordance with a discharge permit issued by the Superintendent. Within 180 days after the effective date of a categorical pretreatment standard or a final administrative category determination, whichever is later, existing industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, must submit a disclosure/application form if one was not previously submitted (baseline monitoring report).
The discharge date disclosure/permit application to be made by the discharger shall be made on written forms provided by the City and shall disclose the following information:
(1) The name, address and location of the discharger.
(2) The Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972 edition, as amended, for both the industry as a whole and any processes for which categorical pretreatment standards have been promulgated.
(3) The measured or estimated wastewater constituents and characteristics, including, but not limited to, those mentioned in Section 925.05, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established in Section 925.09(a).
(4) The time and duration of discharges.
(5) The average daily, monthly 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.
(6) 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) A description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or wastewater works of the City.
(8) A statement regarding whether or not compliance with the limits defined in Section 925.05(a) and (b) is being achieved on a consistent basis, and, if not, whether additional operation and maintenance activities or additional pretreatment is required for the discharger to comply with the limits. Where compliance is not being achieved, a compliance schedule shall be submitted in accordance with subsection (c) hereof.
(9) Each product produced by type, amount, process or processes and rate of production.
(10) The type and amount of raw materials utilized (average and maximum) per day.
(11) The number and type of employees and hours of operation, and proposed or actual hours of operation of the pretreatment system.
(12) Any other information as may be deemed necessary by the Superintendent.
All discharge data disclosure/permit application forms shall be signed and certified in accordance with the signatory and certification requirements specified in Section 925.08(d). All required plans must be signed by a qualified engineer. The City will evaluate the completed discharge data disclosure/permit application form and data furnished by the discharger and may require additional information, studies, public hearings, etc. After full evaluation and acceptance of the data furnished, the City shall notify the discharger of the City's acceptance thereof, and the City shall issue a discharge permit to all significant industrial users and any other industrial user for which the City deems such a permit is necessary.
(c) Compliance Schedules.
(1) Where additional facilities, pretreatment, control and/or operation and maintenance activities will be required to comply with this chapter or a discharge permit or order issued under the provisions of this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide these additional facilities and/or implementation of additional operational and maintenance activities. This time schedule shall not exceed a total of two years, unless approved by the City; or, if complying with categorical pretreatment standards, see also Section 925.05(b)(1).
The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional facilities required for the discharger to comply with this chapter or a discharge permit or order issued under the provisions 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 contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter or a discharge permit or order issued under the provisions of this chapter.
Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City, including not 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 the delay and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between these progress reports to the City.
(2) When additional pretreatment or operation and maintenance activities are placed into operation, the discharger shall revise the data disclosure required in subsection (b) hereof. Specifically, the discharger shall provide the data and information required in paragraphs (b)(3) and (b)(8) hereof.
(3) If the discharger installs pretreatment or control facilities, the design, installation and operating procedures for these facilities shall be subject to review and approval by the City and the OEPA, and to the requirements of all applicable local and State codes, ordinances and laws. All facilities shall be located so as to be readily and easily accessible for cleaning and inspection.
(d) Discharge Permit Contents. Discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the POTW's effluent, protect worker health and safety, facilitate POTW sludge management and disposal, protect ambient air quality and protect against damage to the POTW collection system or plant. Permits may contain, but need not be limited to, the following:
(1) Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
(2) Limits on the average and/or maximum concentration, mass or other measure of identified wastewater constituents or properties based on applicable general pretreatment standards in 40 CFR, Part 403, categorical pretreatment standards, local limitations and State and local law;
(3) Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;
(4) Development and implementation of spilt/slug control plans or other special conditions, including additional management practices necessary to adequately prevent accidental, unanticipated or routine discharges;
(5) Requirements for installation and maintenance of inspection and sampling facilities;
(6) Specifications for monitoring programs, which may include sampling locations, the frequency of sampling, the number, types and standards for tests and reporting schedules;
(7) Compliance schedules in accordance with the conditions defined in subsection (c) hereof;
(8) Requirements for submission of technical reports or discharge reports;
(9) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Superintendent and affording the Superintendent, or his or her representatives, access thereto;
(10) Requirements for notification of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater being introduced into the POTW;
(11) Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the permittee;
(12) Requirements for notification of excessive, accidental or slug discharges;
(13) A statement of applicable administrative, civil and criminal penalties for violation of pretreatment standards and requirements;
(14) Signatory and certification requirements in accordance with the provisions of Section 925.08(d);
(15) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this chapter, and State and Federal laws, rules and regulations; and
(16) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable Federal pretreatment standards, including those which become effective during the term of the permit.
(e) Discharge Permit Issuance Process.
(1) Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years, at the discretion of the Superintendent.
(2) Public notification. The Superintendent will afford notice to interested parties of the City's intent to issue a discharge permit at least fourteen days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
(3) Appeals. Appeals must be filed in accordance with the appeals provisions of this chapter.
(4) Modifications. The Superintendent may modify the permit for good cause, including, but not limited to, the following:
A. To incorporate any new or revised Federal, State or local pretreatment standards or requirements;
B. Material or substantial alterations or additions to the discharger's operation processes or discharge volume or character that were not considered in drafting the effective permit;
C. A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the POTW, POTW personnel or the receiving waters;
E. Violation of any terms or conditions of the permit;
F. Misrepresentation or failure to disclose fully all relevant facts in the discharge data disclosure/permit application or in any required reporting;
G. Revision of, or a grant of variance from, such categorical standards pursuant to the fundamentally different factors provisions of 40 CFR 403.13;
H. To correct typographical or other errors in the permit;
I. To reflect transfer of the facility ownership and/or operation to a new owner/operator; or
J. Upon request of the permittee, provided that such request does not create a violation of any applicable requirements, standards, laws or rules and regulations.
The filing of a request by the permittee for a permit modification, revocation, reissuance or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. A permit modification request shall include a detailed description of the requested modification as well as detailed justification as to why a modification is necessary.
(5) Transfers. Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Superintendent, provided that the following conditions are met:
A. The permittee must give at least thirty days advance notice to the Superintendent; and
B. The notice must include a written certification by the new owner which:
1. States that the new owner has no immediate intent to change the facility's operations and processes;
2. Identifies the specific date on which the transfer is to occur; and
3. Acknowledges full responsibility for complying with the existing permit.
(6) Termination. Discharge permits may be terminated in accordance with the enforcement provisions of this chapter at Section 925.13. Reasons for permit termination may include the following:
A. Falsifying self-monitoring reports;
B. Tampering with monitoring equipment;
C. Refusing to allow timely access to the facility premises and records;
D. Failure to meet effluent limitations;
E. Failure to pay fines;
F. Failure to pay sewer charges; and
G. Failure to meet compliance schedules.
(7) Reissuance. An industrial user shall apply for permit reissuance by submitting a complete discharge data disclosure/permit application, as described in subsection (b) hereof, a minimum of ninety days prior to the expiration of the industrial user's existing permit.
(8) Expired permits. An expired permit will continue to be effective and enforceable until the permit is reissued if:
A. The industrial user has submitted a complete discharge data disclosure/permit application at least ninety days prior to the expiration date of the industrial user's existing permit; and
B. The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user.
(9) Special agreements. Nothing in this chapter shall be construed as preventing any special agreement or arrangement between the POTW and any user whereby wastewater of unusual strength or character or clean water is accepted into the POTW and specially treated, subject to any payment or user charge as may be applicable. However, no discharge which violates pretreatment standards will be allowed under the terms of such special agreements. If, in the opinion of the Superintendent, the discharge may have the potential to cause or result in any of the following circumstances, no such special agreement will be made:
A. Pass through or interference; or
B. Endangerment to POTW employees or the public.
(Ord. 5330. Passed 10-15-91.)
(f) Compliance Reports.
(1) Categorical pretreatment standards.
A. Initial compliance reports. Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the discharge of wastewater into the POTW, any discharger subject to such standards shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge and the average and maximum daily flow. Sampling and analysis shall be performed in accordance with procedures established in Section 925.09(a). The report shall state whether or not applicable standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance or pretreatment is necessary to bring the discharger into compliance with the applicable standards or requirements. This report shall be signed and certified in accordance with the signatory and certification requirements specified in Section 925.08(d) and certified by a qualified engineer. In cases where the Standard requires compliance with a Best Management Practice or pollution prevention alternative, the discharger shall submit documentation as required by the City Administrator or the applicable Standards to determine compliance with the Standard. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. 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 City Administrator. Where time-proportional composite sampling or grab sampling is authorized, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the discharger’s file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:
1. Cyanide, total phenols, and sulfides samples may be composited in a laboratory or in the field;
2. Oil and grease and volatile organics samples may be composited in the laboratory;
3. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized by the City Administrator as appropriate.
B. Periodic compliance reports. Any discharger subject to a categorical pretreatment standard set forth in this chapter, after the compliance date of the pretreatment standard, or, in the case of a new source, following commencement of the discharge of wastewater into the POTW, shall submit a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards in June and December of each year unless required more frequently by the City Administrator.
The required report shall include a record of measured or estimated average and maximum daily flows during the reporting period. All monitoring and analysis costs shall be borne by the discharger. For good cause shown, the City Administrator may authorize the submission of twice yearly reports required by this paragraph at six month intervals ending in months other than June and December. In cases where the Pretreatment Standard requires compliance with a Best Management Practice or pollution prevention alternative, the discharger shall submit documentation required by the City Administrator or the Pretreatment Standard to determine the compliance status of the discharger. 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 historical sampling data do not exist. The City Administrator may authorize a lower minimum for facilities for which historical sampling data are available but shall in all events require a sufficient number of grab samples to assess and assure compliance with Applicable Pretreatment Standards and Requirements by the discharger.
(2) Noncategorical pretreatment standards.
A. Any significant noncategorical industrial user discharging to the POTW must submit a description of the nature, concentration and flow of the pollutants for which reporting is required by the industrial user’s discharge permit at least once every six months on the dates specified by the Superintendent in the individual user’s discharge permit. In cases where a local limit requires compliance with a Best Management Practice or pollution prevention alternative, the discharger must submit documentation required by the City Administrator to determine the compliance status of the discharger. These reports must be based on sampling and analysis performed in the period covered by the report. The City Administrator shall require a sufficient number of grab samples to assess and assure compliance with Applicable Pretreatment Standards and Requirements by the discharger.
B. The City Administrator may require any other dischargers to submit initial and/or periodic reports indicating the nature and concentration of prohibited or regulated substances in their discharge.
(3) Sampling and analysis. The periodic compliance reports specified in paragraphs (f)(1)B. and (f)(2)A. and (f)(2)B. of this section must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, and representative of conditions occurring during the reporting period. The self-monitoring provisions specified in Section 925.08
(c), the signatory and certification provisions specified in Section 925.08
(d) and the measurement and monitoring provisions specified in Section 925.09
(a) shall be followed. The frequency of sampling shall be prescribed in the industrial user's discharge permit where applicable, or otherwise by the Superintendent. Sampling and analysis may be conducted by the City or a municipally-designated contractor in lieu of the industrial user. If the City has collected all the information required for the initial compliance report and/or one or more periodic compliance reports, the industrial user may be relieved of the obligation to submit the reports by the City Administrator. In the event an Industrial User subject to periodic compliance reporting requirements under paragraphs (f)(1)B., (f)(2)A. or (f)(2)B. of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required using the appropriate procedures, the results of this monitoring shall be included in the report.
(Ord. 7515. Passed 7-9-13.)