925.09 ADMINISTRATION.

   (a)   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. The Service Director may issue orders to any industrial user to require compliance with any requirements under this chapter, including applicable categorical pretreatment standards, other discharge limits and reporting requirements.

   (b)   (1)    All Industrial users proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this chapter.

      (2)    Industrial users shall complete and file with the City a disclosure declaration, in the form prescribed by the City, 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 City and shall cover:

         A.   Disclosure of name, address and location of the user;

         B.   Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Number, Bureau of the Budget, 1972, as amended;

         C.   Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this chapter, 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 variation, if any. All flows shall be measured unless other verifiable techniques are approved by the City 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 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 user to comply with this chapter;

         I.   Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the user shall provide a declaration of the shortest schedule by which the user 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 user to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, having other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this chapter.

            2.   Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine months, nor shall the total time increments exceed two years.

            3.   Not later than fourteen days following each milestone date in the schedule and the final date for compliance the user shall submit a progress report to the City, including not less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.

            4.   Once a user's compliance schedule has been received and accepted by the City, any violation of the compliance schedule shall be considered a violation of this chapter.

         J.   General disclosure of products 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 disclosure forms, as well as any other reports required for submittal to the POTW shall be signed as follows:

            1.   By a responsible corporate officer if the industrial user is a corporation. A responsible corporate officer shall mean a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation, or the manager of one or more manufacturing, production or operation facilities if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. This manager must be authorized to make management decisions that govern the operation of the regulated facility, including the duty of making capital investment recommendations, initiating and directing other comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations. They must also be responsible for ensuring that the necessary systems are established so that the necessary actions are taken to gather complete and accurate information for the control mechanism requirements.

            2.   By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship respectively.

            3.   By a duly authorized representative of the individual designated in subsection (b)(2)L.1. or 2. hereof, if: the authorization is made in writing by the individual described in subsection (b)(2)L.1. or 2. hereof, the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the plant manager, operator, superintendent or a position of equal responsibility for environmental matters of the company and, the written authorization is submitted to the City.

            4.   If an authorization under subsection (b)(2)L.3. hereof is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (b) (2)L.3. hereof must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

   The disclosure forms and reports shall contain the following certification statement:

      "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."

   The City will evaluate the complete disclosure form and data furnished by the user and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the City shall notify the user of the City's acceptance thereof.

      (3)   The City reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance by the City with applicable laws and regulations. The user 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. All national categorical pretreatment standards now existing or promulgated in the future shall be adopted by reference as part of this chapter. Where a user, subject to a promulgated national categorical pretreatment standard, has not previously submitted a disclosure form as required by subsection (b)(2) hereof, the user shall file a disclosure form with the City within 180 days after the promulgation of the applicable national categorical pretreatment standard by the U.S. EPA. In addition, any user operating on the basis of a previous filing of a disclosure statement shall submit to the City 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.

   (c)    (1)    Within ninety days following the date for final compliance by the user 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 source, any user subject to this chapter shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow 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&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed in accordance with subsection (b)(2)L. hereof, and certified by a qualified engineer (licensed to practice in the State of Ohio).

      (2)    A.    Any significant industrial user shall submit to the City during the months of June and December, unless required more frequently by the City, 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 City 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.

         B.   Reports of users 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 frequency of monitoring by the user 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.

         C.   Sampling technique requirements;

            1.   Except as indicated in paragraphs 2. and 3. 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 CFR Part 136 and appropriate EPA guidance, multiple grab sample collected during a 24-hour period may be composited prior to 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.

            2.   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

            3.   For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 6.1 and 6.3 (40 CFR 403.12(b) and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling date is available, (the Superintendent) may authorize a lower minimum. For reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect a number of grab samples necessary to assess and assure compliance by which applicable Pretreatment Standards and Requirements.

         D.   All industrial users shall notify the Superintendent 30 days prior of any substantial change in the operations, 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).

         E.   If sampling performed by an industrial user indicates a violation of discharge limitations, the user shall notify the City within twenty-four 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 City within thirty days after becoming aware of the violation, except the user is not required to resample if:

            1.   The City performs sampling at the user at a frequency of at least once per month, or

            2.   The City performs sampling at the user between the time when user performs its initial sampling and the time when the user receives the results of this sampling.

         F.   If sampling performed by the control authority indicates a violation of discharge limitations, the control authority shall perform the repeat sampling and analysis within thirty (30) days of becoming aware of the violation unless it notifies the user and requires the user to perform the repeat sampling and analysis.

         G.   If the industrial user monitors any pollutant more frequently than required by the City the results of this monitoring shall be included in the periodic self-monitoring report.

         H.   Industrial Users with applicable standards that require compliance with a BMP or a pollution prevention alternative shall submit documentation to determine compliance with the standard when submitting baseline or periodic compliance reports.

   (d)   Each user shall provide and operate at the user's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the user's premises, except where such a location would be impractical or cause undue hardship on the user, 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. The monitoring structure shall have an opening of no less than twenty-two 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. 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 user. 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 permit by user.

   (e)   The City may inspect the monitoring facilities of any user to determine compliance with the requirements of this chapter. The user shall allow the City's representative(s) to enter upon the premises of the user at all reasonable hours, for the purposes of inspection, sampling or records examination. The City 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.

   (f)   Information and data 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 user 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 user.

   When requested by a user 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 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 user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

   Information accepted by the City as confidential, shall not be transmitted to any governmental agency by the City until and unless a ten-day notification is given to the user.

(Ord. 2009-041. Passed 5-5-09.)