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(A) Application for discharge of commercial or industrial wastewater. All users or prospective users which generate commercial or industrial wastewater shall make application to the Superintendent for connection to the municipal wastewater treatment system. It may be determined through the application that a user needs a discharge permit according to the provisions of federal and state laws and regulations. Applications shall be required from all new dischargers as well as for any existing discharger desiring additional service or where there is a planned change in the industrial or wastewater treatment process. Connection to the city sewer or changes in the industrial process or wastewater treatment process shall not be made until the application is received and approved by the Superintendent, the building sewer is installed in accordance with § 51.06 of this chapter and an inspection has been performed by the Superintendent or his or her representative. The receipt by the city of a prospective customer’s application for connection shall not obligate the city to render the connection. If the service applied for cannot be supplied in accordance with this subchapter and the city’s rules and regulations and general practice, the connection charge will be refunded in full, and there shall be no liability of the city to the applicant for such service. Etowah reserves the right to refuse to issue a permit to discharge to the sanitary sewer if the discharge will cause the treatment plant to violate its NPDES permit. Trucking companies that wish to haul wastewater to the wastewater treatment plant or a sanitary sewer manhole designated by Etowah Utilities must secure a pump and haul permit from the Pretreatment Coordinator.
(B) Industrial wastewater discharge permits.
(1) General requirements. All industrial users proposing to connect to or to contribute to the WWF shall apply for service and apply for a discharge permit before connecting to or contributing to the WWF. All existing industrial users connected to or contributing to the WWF may be required to apply for a permit within 180 days after the effective date of this chapter.
(2) Applications. Applications for wastewater discharge permits shall be required as follows.
(a) Users required by the Superintendent to obtain a wastewater discharge permit shall complete and file with the pretreatment coordinator, an application on a prescribed form accompanied by the appropriate fee.
(b) The application shall be in the prescribed form of the city and shall include, but not be limited to, the following information: name, address and SIC/NAICS number of applicant; wastewater volume; wastewater constituents and characteristic, including, but not limited to, those mentioned in §§ 51.09 and
51.25
discharge variations daily, monthly, seasonal and 30-minute peaks; a description of all chemicals handled on the premises, each product produced by type, amount, process or processes and rate of production, type and amount of raw materials, number and type of employees, hours of operation, site plans, floor plans, mechanical and plumbing plans and details showing all sewers and appurtenances by size, location and elevation; a description of existing and proposed pretreatment and/or equalization facilities and any other information deemed necessary by the pretreatment coordinator.
(c) Any user who elects or is required to construct new or additional facilities for pretreatment shall as part of the application for wastewater discharge permit submit plans, specifications and other pertinent information relative to the proposed construction to the pretreatment coordinator for approval. A wastewater discharge permit shall not be issued until such plans and specifications are approved. Approval of such plans and specifications shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this subchapter.
(d) If additional pretreatment and/or operations and maintenance will be required to meet the pretreatment standards, the application shall include the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. For the purpose of this division (B)(2)(d), pretreatment standard shall include either a national pretreatment standard or a pretreatment standard imposed by this subchapter.
(e) The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.
(f) The receipt by the city of a prospective customer’s application for wastewater discharge permit shall not obligate the city to render the wastewater collection and treatment service. If the service applied for cannot be supplied in accordance with this subchapter 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 of such service.
(g) The pretreatment coordinator will act only on applications containing all the information required in this section. Persons who have filed incomplete applications will be notified by the pretreatment coordinator that the application is deficient and the nature of such deficiency and will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days or within such extended period as allowed by the local administrative officer, the local administrative officer shall deny the application and notify the applicant in writing of such action.
(h) Applications shall be signed by the duly authorized representative.
(3) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the city.
(a) Permits shall contain the following:
1. Statement of duration;
2. Provisions of transfer;
3. Effluent limits, including best management practices, based on applicable pretreatment standards in this chapter, state rules, categorical pretreatment standards, local, state and federal laws;
4. Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law;
5. Statement of applicable civil and criminal penalties for violations of pretreatment standards and the requirements of any applicable compliance schedule. Such schedules shall not extend the compliance date beyond the applicable federal deadlines;
6. Requirements to control slug discharges, if determined by the WWF to be necessary; and
7. Requirement to notify the WWF immediately if changes in the users processes affect the potential for a slug discharge.
(b) Additionally, permits may contain the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
2. Requirements for installation and maintenance of inspection and sampling facilities;
3. Compliance schedules;
4. Requirements for submission of technical reports or discharge reports;
5. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;
6. Requirements for notification of the city 60 days prior to implementing any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system, and of any changes in industrial processes that would affect wastewater quality or quantity;
7. Prohibition of bypassing pretreatment or pretreatment equipment;
8. Effluent mass loading restrictions; and
9. Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
(4) Permit modification. The terms and conditions of the permit may be subject to modification by the pretreatment coordinator during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in this permit at least 60 days prior to the effective date of change; except in the case where federal deadlines are shorter, in which case the federal rule must be followed. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(5) 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 a year or may be stated to expire on a specific date. The user shall apply for permit renewal a minimum of 180 days prior to the expiration of the user’s existing permit.
(6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the written approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The permit holder must provide the new owner with a copy of the current permit.
(7) Revocation of permit. Any permit issued under the provisions of this chapter is subject to be modified, suspended or revoked in whole or in part during its term for cause including, but not limited to, the following:
(a) Violation of any terms or conditions of the wastewater discharge permit or other applicable federal, state, or local law or regulation;
(b) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
(c) A change in:
1. Any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
2. Strength, volume or timing of discharges; and
3. Addition or change in process lines generating wastewater.
(d) Intentional failure of a user to accurately report the discharge constituents and characteristics or to report significant changes in plant operations or wastewater characteristics.
(C) Confidential information. All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection shall be available to the public or any governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the pretreatment coordinator that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the users. 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 for use; related to this chapter or the city’s or user’s NPDES permit. 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 person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the pretreatment coordinator as confidential shall not be transmitted to any governmental agency or to the general public by the pretreatment coordinator until and unless prior and adequate notification is given to the user.
(Ord. 699, passed 10-26-2009; Ord. 784, passed 4-25-2016)
(A) Monitoring facilities.
(1) The installation of a monitoring facility shall be required for all industrial users. A monitoring facility shall be a manhole or other suitable facility approved by the pretreatment coordinator.
(2) When in the judgment of the pretreatment coordinator, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user the pretreatment coordinator may require that separate monitoring facilities be installed for each separate source of discharge.
(3) 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 wastewater produced by a user. If sampling or metering equipment is also required by the pretreatment coordinator, it shall be provided and installed at the user’s expense.
(4) The monitoring facility will normally be required to be located on the user’s premises outside of the building. The pretreatment coordinator may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street right-of-way with the approval of the public agency having jurisdiction of that right-of-way and located so that it will not be obstructed by landscaping or parked vehicles.
(5) There shall be ample room in or near such sampling manhole or 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 expenses of the user.
(B) Sample methods. All samples collected and analyzed pursuant to this regulation shall be conducted using protocols (including appropriate preservation) specified in the current edition of 40 C.F.R. Part 136 and appropriate EPA guidance. Multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows. For cyanide, total phenol and sulfide 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 control authority, as appropriate.
(C) Representative sampling and housekeeping. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measuring facilities shall be properly operated, kept clean and in good working order at all times. The failure of the user to keep its monitoring facilities in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(D) Proper operation and maintenance. The user shall at all times properly operate and maintain the equipment and facilities associated with spill control, wastewater collection, treatment, sampling and discharge. Proper operation and maintenance includes adequate process control as well as adequate testing and monitoring quality assurance.
(E) Inspection and sampling. The city may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination and copying or in the performance of any of its duties. The city, approval authority and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. The city will utilize qualified city personnel or a private laboratory to conduct compliance monitoring. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibility.
(F) Safety. While performing the necessary work on private properties, the pretreatment coordinator or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the monitoring and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
(G) New sources. New sources of discharges to the WWF shall have in full operation all pollution control equipment at start up of the industrial process and be in full compliance of effluent standards within 90 days of start up of the industrial process.
(H) Slug discharge evaluations. Evaluations will be conducted of each significant industrial user according to the state and federal regulations. Where it is determined that a slug discharge control plan is needed, the user shall prepare that plan according to the appropriate regulatory guidance.
(I) Accidental discharges or slug discharges.
(1) Protection from accidental or slug discharge.
(a) All industrial users shall provide such facilities and institute such procedures as are reasonably necessary to prevent or minimize the potential for accidental or slug discharge into the WWF of waste regulated by this subchapter from liquid or raw material storage areas, from truck and rail car loading and unloading areas, from in plant transfer or processing and materials handling areas, and from diked areas or holding ponds of any waste regulated by this subchapter. Detailed plans showing the facilities and operating procedures shall be submitted to the pretreatment coordinator before the facility is constructed.
(b) The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility to provide the protection necessary to meet the requirements of this subchapter.
(2) Notification of accidental discharge or slug discharge.
(a) Any person causing or suffering from any accidental discharge or slug discharge shall immediately notify the pretreatment coordinator in person, or by the telephone to enable countermeasures to be taken by the pretreatment coordinator to minimize damage to the WWF, the health and welfare of the public, and the environment.
(b) This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the cause of the accidental discharge and the measures being taken to prevent future occurrence.
(c) Such notification shall not relieve the user of liability for any expense, loss or damage to the WWF, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or state or federal law.
(3) Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 699, passed 10-26-2009)
(A) Users, whether permitted or non-permitted may be required to submit reports detailing the nature and characteristics of their discharges according to the following division (B).
(B) Failure to make a requested report in the specified time is a violation subject to enforcement actions under §
51.29
.
(1) Baseline monitoring report.
(a) Report. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Tennessee Rule 1200-4-14-.06(1)(d), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the WWF shall submit to the Superintendent a report which contains the information listed in division (B)(1)(b) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in division (B)(1)(b) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b) Information. Users described above shall submit the information set forth below:
1. Identifying information. The user name, address of the facility including the name of operators and owners;
2. Permit information. A listing of any environmental control permits held by or for the facility;
3. Description of operations. A brief description of the nature, average rate of production (including each product produced by type, amount, processes and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the WWF from the regulated processes;
4. Flow measurement. 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 use of the combined wastestream formula; and
5. Measurement of pollutants.
a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process;
c. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported;
d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 C.F.R. Part 136 and amendments, unless otherwise specified in an applicable categorical standard. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or the applicable standards to determine compliance with the standard;
e. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division (B)(1)(b)5.e.;
f. 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 wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula to evaluate compliance with the pretreatment standards;
g. Sampling and analysis shall be performed in accordance with 40 C.F.R. Part 136 or other approved methods;
h. The Superintendent 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; and
i. 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 WWF.
(c) Compliance certification. A statement, reviewed by the user’s duly authorized representative 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 to meet the pretreatment standards and requirements.
(d) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in division (B)(2) below.
(e) Signature and report certification. All baseline monitoring reports must be certified in accordance with division (B)(14) below and signed by the duly authorized representative.
(2) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by division (B)(1)(d) above.
(a) The schedule shall contain progress increments 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 user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).
(b) No increment referred to above shall exceed nine months.
(c) The user shall submit a progress report to the Superintendent no later than 14 days following each date in the schedule and the final date of compliance including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.
(d) In no event shall more than nine months elapse between such progress reports to the Superintendent.
(3) Reports on compliance with categorical pretreatment standard deadline. Within 90 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 WWF, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in divisions (B)(1)(b)4. and (B)(1)(b)5. above. For all other users 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 user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with division (B)(14) below. All sampling will be done in conformance with division (B)(11) below.
(4) Periodic compliance reports.
(a) All significant industrial users must, at a frequency determined by the Superintendent submit no less than twice per year (at 180 day intervals) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user.
(b) All periodic compliance reports must be signed and certified in accordance with this chapter.
(c) All wastewater samples must be representative of the user’s 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.
(d) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Superintendent, using the procedures prescribed in division (B)(11) below, the results of this monitoring shall be included in the report.
(5) Reports of changed conditions. Each user must notify the Superintendent of any significant changes to the user’s operations or system which might alter the nature, quality or volume of its wastewater at least 60 days before the change.
(a) The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under §
51.25
of this chapter.
(6) Report of potential problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(b) Within five days following such discharge, the user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which might be incurred as a result of damage to the WWF, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this chapter.
(c) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (B)(6)(a), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(d) Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
(7) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Superintendent as the Superintendent may require to determine users status as non-permitted.
(8) Notice of violations/repeat sampling and reporting. Where a violation has occurred, another sample shall be conducted within 30 days of becoming aware of the violation, either a repeat sample or a regularly scheduled sample that falls within the required time frame. If sampling performed by a user indicates a violation, the user must notify the Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the user’s facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user.
(9) Notification of the discharge of hazardous waste.
(a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall 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 estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under division (B)(5) above. The notification requirement in this division (B)(9)(a) does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self monitoring requirements of divisions (B)(1), (B)(3) and (B)(4) above.
(b) Dischargers are exempt from the requirements of division (B)(9)(a) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(d) In the case of any notification made under this section, the 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 to be economically practical.
(e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued there under, or any applicable federal or state law.
(10) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by EPA.
(11) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(a) Except as indicated in divisions (B)(11)(b) and (B)(11)(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 Superintendent. Where time proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited 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 city, 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 90-day compliance reports required in divisions (B)(1) and (B)(3) above, a minimum of four 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 Superintendent may authorize a lower minimum. For the reports required by division (B)(4) above, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
(12) Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, the date of receipt of the report shall govern.
(13) Record keeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, 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 established under § 51.32. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed 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 years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the Superintendent.
(14) Certification statements.
(a) Signature and certification. All reports associated with compliance with the pretreatment program shall be signed by the duly authorized representative and shall have the following certification statement attached:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(b) Reports. Reports required to have signatures and certification statement include, permit applications, periodic reports, compliance schedules, baseline monitoring, reports of accidental or slug discharges, and any other written report that may be used to determine water quality and compliance with local, state and federal requirements.
(Ord. 699, passed 10-26-2009; Ord. 784, passed 4-25-2016)
Under the authority of Tenn. Code Ann. §§ 69-3-123 et seq.:
(A) Complaints; notification of violation; orders.
(1) (a) Whenever the local administrative officer has reason to believe that a violation of any provision of the wastewater regulations, pretreatment program or of orders of the local hearing authority issued under it has occurred, is occurring, or is about to occur, the local administrative officer may cause a written complaint to be served upon the alleged violator or violators.
(b) The complaint shall specify the provision or provisions of the pretreatment program or order alleged to be violated or about to be violated and the facts alleged to constitute a violation, may order that necessary corrective action be taken within a reasonable time to be prescribed in the order, and shall inform the violators of the opportunity for a hearing before the local hearing authority.
(c) Any such order shall become final and not subject to review unless the alleged violators request by written petition a hearing before the local hearing authority as provided in division (B) below, no later than 30 days after the date the order is served; provided, that the local hearing authority may review the final order as provided in Tenn. Code Ann. § 69-3-123(a)(3).
(d) Notification of violation: notwithstanding the provisions of divisions (A)(1)(a) through (A)(1)(c) above, whenever the pretreatment coordinator finds that any user has violated or is violating this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirements, the city or its agent may serve upon the user a written notice of violation. Within 15 days of the receipt of this notice, the user shall submit to the pretreatment coordinator an explanation of the violation and a plan for its satisfactory correction and prevention including specific actions. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section limits the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(2) (a) When the local administrative officer finds that a user has violated or continues to violate this subchapter, wastewater discharge permits, any order issued hereunder or any other pretreatment standard or requirement, he or she may issue one of the following orders. These orders are not prerequisite to taking any other action against the user.
1. Compliance order. An order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the specified time, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain
other requirements to address the non-compliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation.
2. Cease and desist order. An order to the user directing it to cease all such violations and directing it to immediately comply with all requirements and take needed remedial or preventive action to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
3. Consent order. Assurances of voluntary compliance, or other documents establishing an agreement with the user responsible for non-compliance, including specific action to be taken by the user to correct the non-compliance within a time period specified in the order.
4. Emergency order.
a. Whenever the local administrative officer finds that an emergency exists imperatively requiring immediate action to protect the public health, safety or welfare, the health of animals, fish or aquatic life, a public water supply, or the facilities of the WWF, the local administrative
officer may, without prior notice, issue an order reciting the existence of such an emergency and requiring that any action be taken as the local administrative officer deems necessary to meet the emergency.
b. If the violator fails to respond or is unable to respond to the order, the local administrative officer may take any emergency action as the local administrative officer deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The local administrative officer may assess the person or persons responsible for the emergency condition for actual costs incurred by the city in meeting the emergency.
(b) Appeals from orders of the local administrative officer.
1. Any user affected by any order of the local administrative officer in interpreting or implementing the provisions of this chapter may file with the local administrative officer a written request for reconsideration within 30 days of the order, setting forth in detail the facts supporting the user’s request for reconsideration.
2. If the ruling made by the local administrative officer is unsatisfactory to the person requesting reconsideration, he or she may, within 30 days, file a written petition with the local hearing authority as provided in division (B) below. The local administrative officer’s order shall remain in effect during the period of reconsideration.
3. Except as otherwise expressly provided, any notice, complaint, order or other instrument issued by or under authority of this section may be served on any named person personally, by the local administrative officer or any person designated by the local administrative officer, or service may be made in accordance with state statutes authorizing service of process in civil action. Proof of service shall be filed in the office of the local administrative officer.
(B) Hearings.
(1) Any hearing or rehearing brought before the local hearing authority shall be conducted in accordance with the following:
(a) Upon receipt of a written petition from the alleged violator pursuant to this division (B), the local administrative officer shall give the petitioner 30 days’ written notice of the time and place of the hearing, but in no case shall the hearing be held more than 60 days from the receipt of the written petition, unless the local administrative officer and the petitioner agree to a postponement;
(b) The hearing may be conducted by the local hearing authority at a regular or special meeting. A quorum of the local hearing authority must be present at the regular or special meeting to conduct the hearing;
(c) A verbatim record of the proceedings of the hearings shall be taken and filed with the local hearing authority, together with the findings of fact and conclusions of law made under division (B)(1)(d) below. The recorded transcript shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the local administrative officer to cover the costs of preparation;
(d) In connection with the hearing, the chair shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the Chancery Court of the county has jurisdiction upon the application of the local hearing authority or the local administrative officer to issue an order requiring the person to appear and testify or produce evidence as the case may require, and any failure to obey an order of the Court may be punished by such Court as contempt;
(e) Any member of the local hearing authority may administer oaths and examine witnesses;
(f) On the basis of the evidence produced at the hearing, the local hearing authority shall make findings of fact and conclusions of law and enter decisions and orders that, in its opinion, will best further the purposes of the pretreatment program. It shall provide written notice of its decisions and orders to the alleged violator. The order issued under this division (B)(1)(f) shall be issued by the person or persons designated by the chair no later than 30 days following the close of the hearing;
(g) The decision of the local hearing authority becomes final and binding on all parties unless appealed to the courts as provided in division (B)(2) below;
(h) Any person to whom an emergency order is directed under division (A)(2)(a)4. above shall comply immediately, but on petition to the local hearing authority will be afforded a hearing as soon as possible. In no case will the hearing be held later than three days from the receipt of the petition by the local hearing authority.
(2) An appeal may be taken from any final order or other final determination of the local hearing authority by any party who is or may be adversely affected, including the pretreatment agency. Appeal must be made to the Chancery Court under the common law writ of certiorari set out in Tenn. Code Ann. § 27-8-101 et seq. 60 days from the date the order or determination is made.
(3) Show cause hearing: notwithstanding the provisions of divisions (B)(1) or (B)(2) above, the pretreatment coordinator may order any user that causes or contributes to violation(s) of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirements, to appear before the local administrative officer and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for the action, and a request that the user show cause why the proposed enforcement action should be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. The notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be prerequisite for taking any other action against the user. A show cause hearing may be requested by the discharger prior to revocation of a discharge permit or termination of service.
(C) Violations, administrative civil penalty. Under the authority of Tenn. Code Ann. § 69-3-125:
(1) (a) Any person including, but not limited to, industrial users, who does any of the following acts or omissions is subject to a civil penalty of up to $10,000 per day for each day during which the act or omission continues or occurs:
1. Unauthorized discharge, discharging without a permit;
2. Violates an effluent standard or limitation;
3. Violates the terms or conditions of a permit;
4. Fails to complete a filing requirement;
5. Fails to allow or perform an entry, inspection, monitoring or reporting requirement;
6. Fails to pay user or cost recovery charges; or
7. Violates a final determination or order of the local hearing authority or the local administrative officer.
(b) Any administrative civil penalty must be assessed in the following manner:
1. The local administrative officer may issue an assessment against any person or industrial user responsible for the violation;
2. Any person or industrial user against whom an assessment has been issued may secure a review of the assessment by filing with the local administrative officer a written petition setting forth the grounds and reasons for the violator’s objections and asking for a hearing in the matter involved before the local hearing authority and, if a petition for review of the assessment is not filed within 30 days after the date the assessment is served, the violator is deemed to have consented to the assessment and it becomes final;
3. Whenever any assessment has become final because of a person’s failure to appeal the assessment, the local administrative officer may apply to the appropriate court for a judgment and seek execution of the judgment, and the court, in such proceedings, shall treat a failure to appeal the assessment as a confession of judgment in the amount of the assessment;
4. In assessing the civil penalty the local administrative officer may consider the following factors:
a. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
b. Damages to the pretreatment agency, including compensation for the damage or destruction of the facilities of the publicly owned treatment works, and also including any penalties, costs and attorneys’ fees incurred by the pretreatment agency as the result of the illegal activity, as well as the expenses involved in enforcing this section and the costs involved in rectifying any damages;
c. Cause of the discharge or violation;
d. The severity of the discharge and its effect upon the facilities of the publicly owned treatment works and upon the quality and quantity of the receiving waters;
e. Effectiveness of action taken by the violator to cease the violation;
f. The technical and economic reasonableness of reducing or eliminating the discharge; and
g. The economic benefit gained by the violator.
5. The local administrative officer may institute proceedings for assessment in the Chancery Court of the county in which all or part of the pollution or violation occurred, in the name of the pretreatment agency.
(c) The local hearing authority may establish by regulation a schedule of the amount of civil penalty which can be assessed by the local administrative officer for certain specific violations or categories of violations.
(d) Assessments may be added to the user’s next scheduled sewer service charge and the local administrative officer shall have such other collection remedies as may be available for other service charges and fees.
(2) Any civil penalty assessed to a violator pursuant to this section may be in addition to any civil penalty assessed by the Commissioner for violations of Tenn. Code Ann. § 69-3-115(a)(1)(F). However, the sum of penalties imposed by this section and by Tenn. Code Ann. § 69-3-115(a) shall not exceed $10,000 per day for each day during which the act or omission continues or occurs.
(D) Assessment for non-compliance with program permits or orders.
(1) The local administrative officer may assess the liability of any polluter or violator for damages to the city resulting from any person’s or industrial user’s pollution or violation, failure or neglect in complying with any permits or orders issued pursuant to the provisions of the pretreatment
program or this section.
(2) If an appeal from such assessment is not made to the local hearing authority by the polluter or violator within 30 days of notification of such assessment, the polluter or violator shall be deemed to have consented to the assessment, and it shall become final.
(3) Damages may include any expenses incurred in investigating and enforcing the pretreatment program of this section, in removing, correcting and terminating any pollution, and also compensation for any actual damages caused by the pollution or violation.
(4) Whenever any assessment has become final because of a person’s failure to appeal within the time provided, the local administrative officer may apply to the appropriate court for a judgment, and seek execution on the judgment. The court, in its proceedings, shall treat the failure to appeal the assessment as a confession of judgment in the amount of the assessment.
(E) Judicial proceedings and relief. The local administrative officer may initiate proceedings in the Chancery Court of the county in which the activities occurred against any person or industrial user who is alleged to have violated or is about to violate the pretreatment program, this section, or orders of the local hearing authority or local administrative officer. In the action, the local administrative officer may seek, and the Court may grant, injunctive relief and any other relief available in law or equity.
(F) Termination of discharge.
(1) In addition to the revocation of permit provisions in § 51.26(B)(7) of this chapter, users are subject to termination of their wastewater discharge for violations or a wastewater discharge permits, or orders issued hereunder, or for any of the following conditions:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling;
(e) Violation of the pretreatment standards in the general discharge prohibitions in § 51.09 of chapter; and
(f) Failure to properly submit an industrial waste survey when requested by the pretreatment coordination Superintendent.
(2) The user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause, as provided in division (B)(3) above, why the proposed action should not be taken.
(G) Disposition of damage payments and penalties–special fund. All damages and/or penalties assessed and collected under the provisions of this section shall be placed in a special fund by the pretreatment agency and allocated and appropriated for the administration of its wastewater fund or combined water and wastewater fund.
(H) Levels of non-compliance.
(1) Insignificant non-compliance. For the purpose of this chapter, insignificant non-compliance is considered a relatively minor infrequent violation of pretreatment standards or requirements. These will usually be responded to informally with a phone call or site visit but may include a notice of violation (NOV).
(2) Significant non-compliance.
(a) Per 1200-4-14-.08(6)(b)8:
1. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for each parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limit;
2. Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). TRC calculations for pH are not required;
3. Any other violation of a pretreatment standard or requirement (daily maximum of longer-term average, instantaneous limit or narrative standard) that the WWF determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the WWF’s exercise of its emergency authority under § 51.29(A)(2)(a)4., Emergency Order, to halt or prevent such a discharge;
5. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
6. Failure to provide, within 45 days after their due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
7. Failure to accurately report non-compliance;
8. Any other violation or group of violations, which may include a violation of best management practices, which the WWF determines will adversely affect the operation of implementation of the local pretreatment program; and
9. Continuously monitored pH violations that exceed limits for a time period greater than 50 minutes or exceed limits by more than 0.5 s.u. more than eight times in four hours.
(b) Any significant non-compliance violations will be responded to according to the Enforcement Response Plan Guide Table (Appendix A).
(I) Public notice of the significant violations. The Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the WWF, a list of the users which, at any time during the previous 12 months, were in significant non-compliance with applicable pretreatment standards and requirements. The term significant non- compliance shall be applicable to all significant industrial users (or any other industrial user that violates divisions (I)(3), (I)(4) or (I)(7) below) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH), TRC calculations for pH are not required;
(3) Any other violation of a pretreatment standard or requirement as defined by § 51.31 (daily maximum, long term average, instantaneous limit or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of WWF personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent’s exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to accurately report non-compliance;
(7) Any other violation(s), which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program; or
(8) Continuously monitored pH violations that exceed limits for a time period greater than 50 minutes or exceed limits by more than 0.5 s.u. more than eight times in four hours.
(J) Criminal penalties. In addition to civil penalties imposed by the local administrative officer and the state, any person who willfully and negligently violates permit conditions is subject to criminal penalties imposed by the state and the United States.
(Ord. 699, passed 10-26-2009)
(A) Purpose. The purpose of this chapter is to provide for the consistent and equitable enforcement of the provisions of this chapter.
(B) Enforcement Response Guide Table. The applicable officer shall use the schedule found in Appendix A to impose sanctions or penalties for the violation of this chapter.
(Ord. 699, passed 10-26-2009)
(A) Purpose. It is the purpose of this chapter to provide for the equitable recovery of costs from users of the city’s wastewater treatment system including costs of operation, maintenance, administration, bond service costs, capital improvements, depreciation and equitable cost recovery of EPA administered federal wastewater grants.
(B) Types of charges and fees. The charges and fees as established in the city’s schedule of charges and fees may include but are not limited to:
(1) Inspection fee and tapping fee;
(2) Fees for applications for discharge;
(3) Sewer use charges;
(4) Surcharge fees (see Table C);
(5) Waste hauler permit;
(6) Industrial wastewater discharge permit fees;
(7) Fees for industrial discharge monitoring; and
(8) Other fees as the city may deem necessary.
(C) Fees for application for discharge. A fee may be charged when a user or prospective user makes application for discharge as required by § 51.26 of this chapter.
(D) Inspection fee and tapping fee. An inspection fee and tapping fee for a building sewer installation shall be paid to the city’s sewer department at the time the application is filed.
(E) Sewer user charges.
(1) The City Commission shall establish monthly rates and charges for the use of the wastewater system and for the services supplied by the wastewater system.
(2) Such rates are reflected in administrative ordinances or resolutions, which are of record in the city offices.
(F) Industrial wastewater discharge permit fees. A fee may be charged for the issuance of an industrial wastewater discharge fee in accordance with this section.
(G) Fees for industrial discharge monitoring. Fees may be collected from industrial users having pretreatment or other discharge requirements to compensate the city for the necessary compliance monitoring and other administrative duties of the pretreatment program.
(H) Administrative civil penalties. Administrative civil penalties shall be issued according to the following schedule. Violations are categorized in the Enforcement Response Guide Table (Appendix A). The local administrative officer may assess a penalty within the appropriate range. Penalty assessments are to be assessed per violation per day unless otherwise noted.
Category 1 | No penalty |
Category 2 | $50—$500 |
Category 3 | $500—$1,000 |
Category 4 | $1,000—$5,000 |
Category 5 | $5,000—$10,000 |
(Ord. 699, passed 10-26-2009)
(A) Fat, oil and grease (FOG), waste food and sand interceptors. FOG, waste food and sand interceptors shall be installed when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing fats, oils and grease, any flammable wastes, ground food waste, sand, soil and solids, or other harmful ingredients in excessive amount which impact the wastewater collection system. Such interceptors shall not be required for single family residences, but may be required on multiple family residences. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.
(B) Fat, oil, grease and food waste.
(1) New construction and renovation. Upon construction or renovation, all restaurants, cafeterias, hotels, motels, hospitals, nursing homes, schools, grocery stores, prisons, jails, churches, camps, caterers, manufacturing plants and any other sewer users who discharge applicable waste shall submit a FOG and food waste control plan that will effectively control the discharge of FOG and food waste.
(2) Existing structures. All existing restaurants, cafeterias, hotels, motels, hospitals, nursing homes, schools, grocery stores, prisons, jails, churches, camps, caterers, manufacturing plants and any other sewer users who discharge applicable waste shall be required to submit a plan for control of FOG and food waste, if and when the Superintendent determines that FOG and food waste are causing excessive loading, plugging, damage or potential problems to structures or equipment in the public sewer system.
(3) Implementation of plan. After approval of the FOG plan by the Superintendent the sewer user must:
(a) Implement the plan within a reasonable amount of time;
(b) Service and maintain the equipment in order to prevent impact upon the sewer collection system and treatment facility. If in the opinion of the Superintendent the user continues to impact the collection system and treatment plan, additional pretreatment may be required, including a requirement to meet numeric limits and have surcharges applied;
(c) Sand, soil and oil interceptors: all car washes, truck washes, garages, service stations and other sources of sand, soil and oil shall install effective sand, soil and oil interceptors. These interceptors shall be sized to effectively remove sand, soil and oil at the expected flow rates. The interceptors shall be cleaned on a regular basis to prevent impact upon the wastewater collection and treatment system. Owners whose interceptors are deemed to be ineffective by the Superintendent may be asked to change the cleaning frequency or to increase the size of the interceptors. Owners or operators of washing facilities will prevent the inflow of rainwater into the sanitary sewers;
(d) Laundries: commercial laundries shall be equipped with an interceptor with a wire basket or similar device, removable for cleaning, that prevents passage into the sewer system of solids one-half inch or larger in size such as strings, rags, buttons or other solids detrimental to the system;
(e) Control equipment: the equipment of facilities installed to control FOG, food waste, sand and soil, must be designed in accordance with the State Department of Environment and Conservation engineering standards or applicable city guidelines. Underground equipment shall be tightly sealed to prevent inflow of rainwater and easily accessible to allow regular maintenance. Control equipment shall be maintained by the owner or operator of the facility so as to prevent a stoppage of the public sewer, and the accumulation of FOG in the lines, pump stations and treatment plant. If the city is required to clean out the public sewer lines as a result of a stoppage resulting from poorly maintained control equipment, the property owner shall be required to refund the labor, equipment, materials and overhead costs to the city. Nothing in this division (B)(3)(e) shall be construed to prohibit or restrict any other remedy the city has under this chapter, or state or federal law. The city retains the right to inspect and approve installation of control equipment;
(f) Solvents prohibited: the use of degreasing or line cleaning products containing petroleum based solvents is prohibited. The use of other products for the purpose of keeping FOG dissolved or suspended until it has traveled into the collection system of the city is prohibited; and
(Ord. 699, passed 10-26-2009)
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