(a) Wastewater Dischargers. No person shall discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the Authority, and/or to the POTW without having first complied with the terms of this chapter.
(b) Wastewater Discharge Data Disclosure.
(1) General permits disclosure. 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 within ninety days after the effective date of this section.
(2) Disclosure forms. Industrial dischargers shall complete and file with the Authority a disclosure declaration in the form prescribed by the Authority and accompanied by the appropriate fee. Existing industrial dischargers shall file disclosure forms within thirty days after the effective date of this section, and proposed new dischargers shall file their disclosure forms at least ninety days prior to connecting to the POTW. The disclosure to be made by the discharger shall be made on written forms provided by the Authority and shall cover:
A. Disclosure of name, address and location of the discharger;
B. Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, 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 bona fide 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;
D. Disclosure of time and duration of discharges;
E. Disclosure of average daily 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 Authority 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 on the premises, including all materials which are or may be discharged to the sewers or works of the Authority;
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 operational 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 a contract for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.
2. Under no circumstance shall the Authority 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 Authority, 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 Authority.
4. When the Authority accepts a discharger's compliance schedule for additional pretreatment or O and M activities. A violation of this compliance schedule is a violation of this chapter.
J. Disclosure of each product produced by type, amount, process or processes and rate of production;
K. Disclosure of each product produced by type and amount of raw materials utilized (average and maximum per day);
L. All disclosure forms shall be signed by a principal executive officer of the discharger and a qualified engineer (licensed professional);
M. All industrial dischargers 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 Authority to assure compliance with this chapter.
The Authority shall evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the Authority shall notify the discharger of the Authority's acceptance thereof.
(3) Standards modification. The Authority reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance by the Authority with applicable laws and regulations. Where a discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted a disclosure form as required by subsection (b)(2) hereof, the discharger shall file a disclosure form with the Authority within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any discharger operating on the basis of a previous filing of a disclosure statement shall submit to the Authority within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the additional information required by subsection (b)(2)H. and I. hereof. The discharger shall be informed of any proposed changes in the chapter at least thirty days prior to the effective date of change. Any changes or new conditions in the chapter shall include a reasonable time schedule for compliance.
(c) Reporting Requirements for SIUs and Categorical Dischargers.
(1) Compliance data report. Within ninety days following the specific date of final compliance by the discharger with applicable pretreatment standards set forth in this chapter or ninety days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to this chapter shall submit to the Authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O and M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger.
(2) Periodic compliance reports for SIUs and categorical dischargers.
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 Authority, shall submit to the Authority during the months of June and December, unless required more frequently by the Authority, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in subsection (c)(1) hereof. Flows shall be reported on the basis of actual measurement provided, however, where cost or feasibility considerations justify, the Authority may accept reports of average and maximum flows estimated by verifiable techniques. The Authority 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.
B. Reports of 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 Authority. The frequency of monitoring by the discharger shall be as prescribed by the Authority. All analysis shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. (Comment: 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.)
C. All industrial users shall promptly notify the Director in advance of any substantial changes 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).
D. All SIUs are required to submit periodic self-monitoring reports at least once every six months. This monitoring may be conducted by the POTW instead of the SIU.
POTWs shall evaluate SIUs every two years to determine whether they need a plan to control slug discharges. If the POTW determines that such a plan is needed, the plan shall contain certain minimum elements specified in the regulation.
(3) Signatory requirements. All reports required under this section shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed by:
A. A president, secretary, treasurer or vice president of a corporation; or,
B. A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively; or,
C. A duly authorized representative of the above if the authorization is previously made in writing to the Superintendent.
(4) Hazardous waste notification requirements. Industrial users are required to notify their POTW, the Ohio EPA, and U.S. EPA Regions V by February 23, 1991, if they are disposing of any RCRA listed or characteristic hazardous waste, as defined in 40 CFR 261, by discharging it into the POTW. Exempt from this notification requirement are those IUs who discharge fifteen kilograms or less per month of non-acute hazardous waste. The IU is also required to certify that they are implementing a program to reduce the amount of hazardous waste generated.
East Liverpool Waste Water Treatment Plant
Superintendent
126 West 6th Street
East Liverpool, OH 43920
U.S. EPA, REGION V
Director
Waste Management Division
Environmental Protection Agency
230 South Dearborn Street
Chicago, IL 60604
Ohio EPA (614) 644-2917
Data Management Section
Division of Solid and Hazardous Waste Management
Ohio Environmental Protection Agency
1800 Water Mark Drive, P.O. Box 1049
Columbus, OH 43266-0149
(d) Monitoring Facilities. Each discharger shall provide and operate at the discharger's own expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the Authority. 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 Authority may concur with the facility being constructed in the public street or sidewalk area provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
There shall 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.
All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of the permit by discharger.
(e) Inspection and Sampling. The Authority shall inspect the monitoring facilities and records of dischargers to determine compliance with the requirements of this chapter. The discharger shall allow the Authority or its representatives, upon presentations of credentials of identification, to enter upon the premises for the purposes of inspection, sampling or records examination or records copying. The Authority 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.
(f) Confidential Information. Information and data furnished to the Authority 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 Authority 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.
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 National Pollutant Discharge Elimination System (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 shall not be recognized as confidential information. Information accepted by the Authority as confidential shall not be transmitted to any governmental agency or to the general public by the Authority until and unless a ten-day notification is given to the Discharger.
(Ord. 66. 1991. Passed 10-21-91.)