(a) Wastewater Discharges. No person shall discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City and/or to the POTW without having first complied with the terms of this chapter and of the orders issued by the Director.
(b) Wastewater Discharge Data Disclosure and Permits.
(1) General disclosure and permits.
A. All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this chapter.
B. All industrial dischargers proposing to contribute cyanide to the POTW shall obtain a wastewater discharge permit before contributing cyanide to the POTW. All existing industrial dischargers contributing cyanide to the POTW shall obtain a wastewater discharge permit within a period established by the POTW, but not to exceed 180 days after the effective date of this chapter.
(2) Baseline report. Industrial dischargers shall complete and file with the Director, a baseline report in the form prescribed by the Director. Proposed new dischargers shall file baseline reports at least ninety days prior to connecting to the POTW. New sources shall also be required to include in this report information on the method of pretreatment the discharger intends to use to meet applicable pretreatment standards. The report to be made by the discharger shall be made on written forms provided by the Director and shall include:
A. Disclosure of name, address, location of the discharger and a list of any environmental control permits held
B. Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Office Of Management And Budget, 1987, as amended;
C. Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this chapter, including Appendices A and B as appropriate, as determined by bonafide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended; both daily maximum and average concentration must be reported and submission of documentation indicating compliance with any BMPs;
D. Disclosure of time and duration of discharges;
E. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the Director due to cost or nonfeasibility;
F. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
G. Description of activities, facilities and plant processes, including process diagrams, on the premises including all materials which are or may be discharged to the sewers or treatment works of the City;
H. Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with this chapter.
I. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operation and maintenance activities:
1. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.
2. Under no circumstances shall the Director permit a time increment for any single step directed toward compliance which exceeds nine months.
3. 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 Director, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the Director. All construction activities shall be conducted in a manner that allows the Director the opportunity to monitor and inspect such activities.
J. Disclosure of each product produced by type, amount, process or processes and rate of production;
K. Disclosure of the type and amount of raw materials utilized (average and maximum per day);
L. All baseline reports shall be signed by the authorized representative of the discharger, and certified to by a qualified professional; the report shall contain a statement certifying whether categorical pretreatment standards are being met consistently and, if not, whether additional pretreatment is required (see paragraph I).
M. All industries shall have an inspection and sampling manhole or structure (with an opening of no less than twenty four inches diameter and an internal diameter of no less than thirty six inches) containing flow measuring, recording and sampling equipment as required by the City to assure compliance with this chapter.
N. The Director shall evaluate the complete baseline report and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the Director shall notify the discharger of the City's acceptance thereof. The Director may issue orders to any discharger to require compliance with any requirements under this chapter, including applicable categorical pretreatment standards, other discharger limits and reporting requirements.
O. Any discharges of petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin if discharged in amounts that can pass through or cause interference. This also includes the same restrictions to all biodegradable oils and grease of vegetable oil origin that also can pass through and cause interference.
P. No person shall access the sewer system or POTW for any activity including discharge of hauled septic or industrial wastes except at locations and at times as designated by the Director. Any removal of manhole lids, or other access to the sewer system for the purpose of discharging wastes at times and/or locations other than those designated by the Director, or without the expressed permission of the Director, shall be considered a violation and shall be subject to enforcement action including fines and penalties allowed under this chapter.
(3) Permit application. Industrial dischargers required to obtain a wastewater discharge permit shall complete and file with the Director an application in the form prescribed by the Director. Proposed new industrial dischargers shall apply at least ninety days prior to connecting to or contributing to the POTW. In support of the application, the industrial discharger shall submit, in units and terms appropriate for evaluation, the information listed in subsection (b)(2) hereof. The Director shall evaluate the data furnished by the discharger and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue a wastewater discharge permit subject to terms and conditions provided herein. The Director reserves the right to deny or condition new or increased contributions of pollutants for all dischargers at any time.
(4) Standards modification. The City reserves the right to amend this chapter and the terms and conditions thereof in order to assure compliance by the City with applicable laws and regulations. Within a reasonable time after the promulgation of a National Categorical Pretreatment Standard, this chapter and/or the wastewater discharge permit subject to such standards shall be amended to require compliance by dischargers with such standards within the time frame prescribed by such standards. All National Categorical Pretreatment Standards adopted after the promulgation of this chapter shall be adopted by the City as part of this chapter. Where a discharger subject to a National Categorical Pretreatment Standard has not previously submitted a baseline report as required by subsection (b)(2) hereof, and/or an application as required by subsection (b)(3) hereof, the discharger shall file a baseline report and/or apply for a wastewater discharge permit with the Director within 180 days after the promulgation of the applicable National Categorical Pretreatment Standards by the U.S. EPA. In addition, any discharger operating on the basis of a previous filing of a baseline report and/or wastewater discharge permit shall submit to the City within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the additional information required by paragraphs H. and I. of subsection (b)(2) hereof. The discharger shall be informed of any proposed changes in this chapter at least thirty days prior to the effective date of change. Any changes or new conditions in this chapter shall include a reasonable time schedule for compliance.
(5) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. Permits shall contain the following:
A. Limits on the average and maximum wastewater constituents and characteristics based on applicable general pretreatment standards of this chapter, categorical pretreatment standards, local limits (including any BMP's), and state and federal law;
B. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
C. Requirements for installation and maintenance of inspection and sampling facilities;
D. Self monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards of this chapter, categorical pretreatment standards, local limits, and state and federal law;
E. Compliance schedule;
F. Requirements for submission of technical reports or discharge reports as outlined in subsection (c) hereof.
G. Requirements for maintaining and retaining pretreatment facility records relating to wastewater discharge as specified by the City, and affording City access thereto;
H. Requirements for notification of the City of any new introduction of wastewater constituents or any substantial (greater than 10 percent) change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
I. Requirements for notification of slug discharges pursuant to Section 924.03(c) and requirements to control slug discharges if the Director deems them necessary;
J. Statement of permit duration;
K. Applicable civil and criminal penalties for violations;
L. Any applicable monitoring waiver; and
M. Other conditions as deemed appropriate by the Director to ensure compliance with this chapter including conditions for transfer.
(6) Permit 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 one year or may be stated to expire on a specific date. The industrial discharger shall apply for permit reissuance a minimum of 180 days prior to the expiration of the industrial discharger's existing permit. The terms and conditions of the permit as limitations or requirements as identified in Section 924.03 are modified or other just cause exists. The industrial discharger shall be informed of any proposed changes in its permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(7) Permit transfer. Wastewater discharge permits are issued to a specific industrial discharger for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new industrial discharger, different premises or a new or changed operation without the approval of the City. Any succeeding owner or industrial discharger shall also comply with the terms and conditions of the existing permit.
(c) Compliance Reports.
(1) Initial compliance report.
A. 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 introduction of wastewater into the POTW, any discharger subject to pretreatment standards and requirements shall submit to the Director a report containing information as indicated in subsection (b)(2)C. through F. and L. hereof, inclusive. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and shall include documentation indicating compliance with BMPs. If not in compliance, the discharger shall submit a description of what additional operation and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. New sources shall install and have in operating condition, and shall start up all pollution control equipment and BMPs required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety days), new sources must meet all applicable pretreatment standards.
B. For dischargers subject to equivalent mass or concentration limits established by the Director in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the discharger's long term production rate. For all other dischargers subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the discharger's actual production during the appropriate sampling period. This report shall be signed by an authorized representative of the discharger.
(2) Periodic compliance report.
A. Any discharger subject to a pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or, in the case of a new discharger, after commencement of the discharge to the City, shall submit to the Director during the months of June and December, unless required more frequently by the Director, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof and documentation of compliance with BMPs. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Director may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles or other extenuating factors, may authorize the submission of such reports on months other than those specified above. Reports from dischargers must be signed by an authorized representative of the discharger. All sampling results obtained by the discharger shall be reported to the Director including any sampling performed more frequently than required. Dischargers shall notify the Director in writing within twenty four hours if any sampling results violate applicable pretreatment standards. The discharger shall repeat the sampling and analysis for those parameters in violation and resubmit the results within thirty days of becoming aware of the violation. Where the City performs sampling and analysis and a violation is indicated, the City shall repeat sampling and analysis within 30 days.
B. Reports of all industrial dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. The minimum frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard of this chapter. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.
(d) Monitoring Facilities.
(1) Each discharger shall provide and operate at the discharger's own expense, a monitoring facility to allow inspection, and provide sampling and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the discharger's premises, except where such a location would be impractical or cause undue hardship on the discharger, the City may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
(2) There should be ample room in or near such 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 discharger.
(3) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. New dischargers shall complete construction prior to commencement of discharge.
(e) Inspection and Sampling.
(1) The City may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the Director or his representatives to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling, examining and/or copying records. The City shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
(2) Where a discharger has security measures in force which would require proper identification and clearance before entry into their premises, the discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(3) All SIU sampling required by this subsection shall be conducted as follows:
A. Except as indicated in paragraphs B. and C. below, the user must collect wastewater samples using 24 hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director upon justification maintained in the user's file. Where time proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge. 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 composite prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Director as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and initial compliance reports required in subsections (b)(2) and (c)(1) hereof, a minimum of four or 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; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. Unless an alternate sampling procedure is specified by the Director, where the flow of the stream being sampled is less than or equal to 250,000 gallons per day, the user shall take three samples within a two-week period; where the flow of the stream being sampled is greater than 250,000 gallons per day, the user shall take six samples within a two-week period. For the periodic compliance reports required by subsection (c)(2) hereof the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
D. Samples should be taken immediately downstream from pretreatment facilities, if such exists, or immediately downstream from the regulated process if no pretreatment exists.
(f) Pretreatment.
(1) Industrial dischargers 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 City shall be provided, operated and maintained at the discharger's expense.
(2) Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director and approved in writing before construction of the facility. The review of such plans and operating procedures shall in no way relieve the discharger from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Director 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 Director and approved in writing prior to the discharger's initiation of the changes.
(g) Confidential Information.
(1) Information and dates furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
(2) When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, State disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(3) Information accepted by the Director as confidential shall not be transmitted to any governmental agency or to the general public by the Director until and unless a ten day notification is given to the discharger.
(h) Reporting Requirements for City. The City will forward pertinent information regarding changes in the National Pretreatment Categorical Standards to industries affected if the information received by the City from EPA does not indicate that industry has already been informed by EPA.
(i) Notification of Changed Discharge. All dischargers shall promptly notify the Director at least 30 days prior to any substantial change (greater than 10 percent) in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(Ord. 2008-55. Passed 10-14-08.)