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For the purposes of this division, the following words and phrases shall have the meanings described in this section, unless the context in which they are used specifically indicates otherwise.
ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq., and all rules promulgated thereunder.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 C.F.R., Chapter I, Subchapter N, Part 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage, any of which may enter the POTW.
BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter and biologically oxidizable inorganic matter under standard laboratory procedures for five days, at 20°C, expressed in milligrams per liter concentration, using Method 5210 B in Standard Methods for the Examination of Water and Wastewater, current edition.
BYPASS. The intentional diversion of waste streams away from any portion of a user’s treatment facility needed for compliance with pretreatment standards to a point of discharge.
CATEGORICAL PRETREATMENT STANDARDS (CPS). Pollutant limits for discharges to POTWs, promulgated by U.S. EPA in 40 C.F.R. Chapter I, Subchapter N, Parts 405 et seq., in accordance with § 307(B) and (C) of the Act, which are applicable to a non-domestic user which engages in a category or categories of industry that are subject to the following regulations:
Effluent Guidelines and Standards for Electroplating (40 C.F.R. 413)
Effluent Guidelines and Standards for Organic Chemicals, Plastics, and Synthetic Fibers (40 C.F.R. 414)
Effluent Guidelines and Standards for Inorganic Chemicals (40 C.F.R. 415)
Effluent Guidelines and Standards for Fertilizer Manufacturing (40 C.F.R. 418)
Effluent Guidelines and Standards for Petroleum Refining (40 C.F.R. 419)
Effluent Guidelines and Standards for Iron and Steel Manufacturing (40 C.F.R. 420)
Effluent Guidelines and Standards for Nonferrous Metals (40 C.F.R. 421)
Effluent Guidelines and Standards for Steam Electric Power Generating (40 C.F.R. 423)
Effluent Guidelines and Standards for Leather Tanning and Finishing (40 C.F.R. 425)
Effluent Guidelines and Standards for Glass Manufacturing (40 C.F.R. 426)
Effluent Guidelines and Standards for Rubber Processing (40 C.F.R. 428)
Effluent Guidelines and Standards for Timber Products (40 C.F.R. 429)
Effluent Guidelines and Standards for Pulp, Paper and Paper Board (40 C.F.R. 430)
Effluent Guidelines and Standards for Metal Finishing (40 C.F.R. 433)
Effluent Guidelines and Standards for Centralized Waste Treatment (40 C.F.R. 437)
Effluent Guidelines and Standards for Pharmaceutical Manufacturing (40 C.F.R. 439)
Effluent Guidelines and Standards for Transportation Equipment Cleaning (40 C.F.R. 442)
Effluent Guidelines and Standards for Waste Combustors (40 C.F.R. 444)
Effluent Guidelines and Standards for Landfills (40 C.F.R. 445)
Effluent Guidelines and Standards for Pesticide Chemicals Manufacturing (40 C.F.R. 455)
Effluent Guidelines and Standards for the Battery Manufacturing Point Source Category (40 C.F.R. 461)
Effluent Guidelines and Standards for Metal Molding and Casting (40 C.F.R. 464)
Effluent Guidelines and Standards for Coil Coating (40 C.F.R. 465)
Effluent Guidelines and Standards for Porcelain Enameling (40 C.F.R. 466)
Effluent Guidelines and Standards for Aluminum Forming (40 C.F.R. 467)
Effluent Guidelines and Standards for Copper Forming (40 C.F.R. 468)
Effluent Guidelines and Standards for Electrical and Electronic Components (40 C.F.R. 469)
Effluent Guidelines and Standards for Nonferrous Metals Forming and Metal Powders (40 C.F.R. 471)
C.F.R. The Code of Federal Regulations.
CITY. The City of Flint, Michigan, a municipal corporation.
CITY WATER POLLUTION CONTROL SUPERVISOR (CWPCS). The Director of the Department of Utilities of the City or other person or persons designated by that person or by the City Administrator to exercise control over City collection system and the POTW treatment plant or certain matters relating to the City collection system or the POTW treatment plant.
CITY ENFORCEMENT OFFICER. Any employee of the Water Pollution Control Division of the Department of Utilities of the City of Flint holding the title of Water Pollution Control Supervisor, Assistant Water Pollution Control Supervisor, Environmental Compliance Supervisor, Environmental Compliance Inspector, Senior Environmental Compliance Analyst, Environmental Compliance Analyst or Water Quality Supervisor.
CODE. The Code of the City of Flint.
COLLECTION SYSTEM. All of the sanitary sewers, lift stations, pumps and other equipment of the City and of a municipality, drainage district or other political subdivision of the State which has a contract with the City for discharge to the POTW treatment plant which are primarily installed to receive wastewater and pollutants directly from users for transmission to the POTW treatment plant.
CONSTRUCTION. Any placement, assembly or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where the equipment will be used, including preparation work at such premises, if the equipment will in any way actually or potentially affect the quality or quantity of discharges or the measurement or analysis of a discharge.
COOLING WATER. The water discharged from any use in which the only pollutant added is heat, shall be considered non-contact cooling water. Water discharged from any use in which heat and other pollutants have been added, shall be considered as contact cooling water.
CPS. Categorical Pretreatment Standards.
DAILY CONCENTRATION. The sum of all concentration measurements for any 24-hour period divided by the number of such measurements.
DISCHARGE. The introduction (including infiltration) of pollutants into the POTW which is either intentional or unintentional.
FLASHPOINT. The minimum temperature at which vapor combustion will spread away from its source of ignition.
GARBAGE.
GRAB SAMPLE. A sample which is taken from a discharge with no regard to the flow which is collected over a period of time not exceeding 15 minutes.
GROUNDWATER. Water which is pumped or otherwise captured from the ground and which is not used in a process. Mere treatment of GROUNDWATER is not used in a process.
HEXANE-EXTRACTABLE MATERIAL. Any material, such as fat, oil or grease, which is recoverable from wastewater by extraction with N-Hexane, using EPA Test Method 1664, Revision A, and as defined therein; Resources and Environmental Protection Act, Act 451 of 1994, as amended; or the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.
HAZARDOUS SUBSTANCE. Any substance as defined in Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, or the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.
INSTANTANEOUS CONCENTRATION. The concentration in any grab sample.
INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) therefore is a cause of a violation of any requirement of the NPDES permit for the POTW, the Act or State act (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or any more stringent State or local regulations): Section 405 of the Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act.
MAXIMUM ALLOWABLE INDUSTRIAL LOADING. The daily maximum mass of a pollutant, in pounds per day, which may be allowed by the City to be discharged to the POTW by the aggregate of all non-domestic users.
MDEQ. The Michigan Department of Environmental Quality or its successor.
MG/L. Milligrams per liter.
NEW SOURCE.
(1) Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if the standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site at which no other source is located;
b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)a. or (1)b. but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a new source has commenced if the owner or operator has: Begun, or caused to begin, as part of a continuous on-site construction program:
a. Any placement, assembly or installation of facilities or equipment;
b. Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or
c. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase; contracts which can be terminated or modified without substantial loss; and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.
NON-DOMESTIC USER. A user that discharges pollutants other than, or in addition to, sanitary sewage, but not including a user that is a municipality, drainage district or other political subdivision of the State that only discharges from its own collection system to the City’s collection system.
NPDES PERMIT. A permit issued pursuant to the National Pollutant Discharge Elimination System to regulate the discharge of wastewater into the surface waters of the State.
PASS-THROUGH. A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, cause a violation of any requirement of the Act or State act.
PERSON. Any individual, firm, municipality, company, association, society, corporation, partnership or group, including their officers and employees who have responsibility for or actual involvement in the matters regulated by this division.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
POLLUTANT. Any material which is discharged to the POTW or is proposed for discharge to the POTW. The term also includes properties of such materials such as pH and heat.
POLLUTION PREVENTION. The reduction or elimination of pollutants at their source by modifying production processes, promoting the use of alternative substances, implementing conservation techniques, and reusing materials rather than putting them into wastewater or allowing them to be discharged to the POTW.
POTW. Publicly owned treatment works, as defined by Section 212 of the Act, which are owned by the City and the collection system. The term also means the City or its authorized representative. This term includes any devices, processes and systems used by or for the City in the storage, treatment, recycling or reclamation of wastewater or sludge from the treatment works or the collection system.
POTW TREATMENT PLANT. The POTW exclusive of the collection system.
PRACTICABLE MINIMUM. The lowest level to which a pollutant can be reduced in practice through the use of reasonable and cost-effective control measures.
PREMISES. A lot or parcel of land, generally, or each lot or parcel of land, or building, having any connection, direct or indirect, to the POTW, as the context of the word within this division dictates.
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process change or by other means, except for the use of dilution, unless expressly authorized by an applicable pretreatment standard or requirement.
SANITARY SEWAGE. Wastewater or pollutants from toilet, kitchen, laundry, bathing or other facilities, all of which are used for household purposes or for non-commercial purposes at a commercial location.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities of a user which causes them to become all or partially inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
SEWER. A pipe or conduit for carrying wastewater, storm water, surface runoff or groundwater.
SIGNIFICANT NON-DOMESTIC USER. Any non-domestic user of the POTW that:
(1) Has a monthly average discharge to the POTW of 25,000 gallons or more per day, excluding sanitary sewage, non-contact cooling water, and blowdown from heating or air conditioning systems;
(2) Discharges or has a reasonable potential to discharge any toxic pollutant as defined pursuant to Section 307 of the Act, unless the actual or potential effect on the POTW is determined by the CWPCS to be insignificant
(3) Is found by the CWPCS to have a reasonable potential for adversely affecting the POTW, or for violating any limit, discharge prohibition, pretreatment standard or requirement;
(4) Is subject to a CPS; or
(5) Discharges wastewater, other than sanitary sewage, non-contact cooling water, and blowdown from heating or air conditioning systems, which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW.
SLUDGE. Solids or other residue, either of which are separated from wastewater and generated by any treatment process, or solids or other residue directly separated from a production process.
SLUG DISCHARGE. A discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
SOURCE. Any building, structure, facility, vehicle or installation from which there is or may be a discharge to the POTW.
STATE ACT. Part 31 Water Resources Protection of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, and all rules promulgated thereunder.
TOTAL SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, wastewater and which can be recovered by standard laboratory filtering, using Method 2540 D in Standard Methods for the Examination of Water and Wastewater, current edition.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards or other limits applicable to the user because of factors beyond the reasonable control of the user. An UPSET does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
U.S. EPA. The United States Environmental Protection Agency or its successor.
USER. A person who discharges into the POTW and a municipality or drainage district whose collection system discharges into the POTW.
WASTEWATER. Water discharged to the POTW by a user which may or may not contain other pollutants. This term does not include storm water, surface runoff, or non-contaminated groundwater and non-contact cooling water.
(Ord. 3630, passed 12-13-2004; Ord. 3735, passed 11-19-2008)
(a) Management of the POTW. The POTW shall be and remain under the management, supervision and control of the City. The City may employ a City Director to administer the facility and may employ such others as the City deems advisable to carry out the management and operation of the POTW. The City may make such rules, orders or regulations as deemed advisable and necessary to assure the management and operation of the POTW, including the establishment of local limits by rule and established by the City Director and the establishment of special alternative limits for a user by action of the City Director.
(b) Standards, rules and regulations. The standards, rules and regulations established in or pursuant to this division are for the preservation of and furtherance of the public health, safety and welfare, and to fulfill the obligations of the City with respect to State and Federal law and all rules and regulations adopted pursuant thereto.
(Ord. 3630, passed 12-13-2004)
(a) Where the collection system of the POTW is within 300 feet of the nearest point of a premises, no privy, septic tank or other private means of sewage or excreta disposal shall be maintained or used on the premises so located and all sanitary sewage originating on the premises shall be disposed of via a connection with the collection system of the POTW.
(b) Where the collection system of the POTW is located more than 300 feet from the nearest point of a premises, sewage or excreta disposal on the premises shall not be regulated under this division.
(Ord. 3630, passed 12-13-2004)
(a) Discharge prohibitions. The provisions in this section are intended to:
(1) Prohibit the discharge to the POTW of wastewater which may cause pass-through or interference or which could have detrimental effects on the physical structures or operating personnel of the POTW, or on the general public or the environment; and
(2) Restrict the discharge to the POTW of storm water, groundwater and non-contact cooling water.
(b) Prohibited discharges. No user shall discharge, cause to be discharged, or allow to be discharged into the POTW any of the following:
(1) Pollutants which may or do create a fire or explosion hazard in the POTW, including, but not limited to, pollutants or wastewater with a closed cup flashpoint of less than 140°F (60°C), as determined by a Pensky-Martens closed cup tester, using the test method specified in ATSM Standard D-93-79 or D-93-80k (incorporated by reference, see 40 C.F.R. § 260.21) or a Setaflash closed cup tester, using the test method specified in ATSM Standard D-3278-78 (incorporated by reference, see 40 C.F.R. § 260.21), and pollutants which exceed 10% of the lower explosive limit (LEL) at any operation or maintenance of the point within the POTW;
(2) Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW, in a quantity that may cause acute or chronic health and safety problems for workers or exceed any applicable occupational health or safety standard;
(3) Pollutants which may or do cause corrosive or abrasive structural damage to the POTW;
(4) Solid or viscous pollutants in amounts which may or do obstruct flow or cause interference in the POTW;
(5) Wastewater having an instantaneous pH less than 6.0 or greater than 10.5;
(6) Any pollutant, including oxygen- demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration which may or do cause interference in the POTW;
(7) Pollutants which may or do cause:
a. Restriction of hydraulic capacity of structures in the POTW;
b. Unsafe conditions to personnel in the operation, inspection or maintenance of the POTW or unsafe conditions to the general public, with respect to the collection system;
c. Exceptional or unreasonably burdensome effort, attention or expense in the operation or maintenance of the POTW; or
d. Heat in amounts which will inhibit biological activity in the POTW, resulting in interference, but in no case heat such that the temperature at the discharge to the collection system exceeds 150°F (66°C) or the influent at the POTW treatment plant exceeds 104°F (40°C);
(8) Pollutants which may or do cause pass- through or interference;
(9) Any pollutants which exceed, for that user, the limitations set forth in a categorical pretreatment standard, as adjusted under the combined wastestream formula in Michigan Rule R 323.2311(7), which may be expressed as concentration limits, mass limits, or both, as provided in Michigan Rule R 323.2311(5). A categorical pretreatment standard shall be adjusted if 40 C.F.R. § 403.15 applies and the criteria of 40 C.F.R. § 403.15(b) and (c) are met (net/gross calculation);
(10) Any liquids, gases or solids which either singly or by interaction with other substances may or do create a public nuisance;
(11) Any pollutant introducing colors not removed in the POTW treatment process, such as but not limited to, dye wastes and vegetable tanning solutions;
(12) Any unpolluted water, non-contact cooling water, storm water, groundwater or surface water, unless the City Director gives written permission to the user for the discharge of such waters based on available hydraulic capacity and potential impacts on the POTW treatment capability. The scope and duration of the discharge of the waters shall be determined at the sole discretion of the City Director;
(13) Any radioactive wastes in harmful quantities as such quantities are defined by applicable State and Federal regulations;
(14) Any grease or other pollutants that will become solid or viscous at a temperature of 140°F (60°C) or below after being discharged into the POTW;
(15) Hazardous substances that were not listed or disclosed in the user’s application for a use permit that:
a. May or do cause or contribute to a violation of State or Federal water quality standards in the receiving waters to which the POTW discharges; or
b. Result in or contribute to a liability of the City under Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, or the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (CERCLA). Nothing in this subsection determines the percentage share or allocation share amount of a user’s Part 201 or CERCLA liability.
(16) Hazardous substances in quantities exceeding the numerical limit in a user’s use permit which:
a. May or do cause or contribute to a violation of State or Federal water quality standards in the receiving waters to which the POTW discharges; or
b. Result in or contribute to a liability of the City under Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, or the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (CERCLA). Nothing in this subsection determines the percentage share or allocation share amount of a user’s Part 201 or CERCLA liability.
(17) Sludge, unless the City Director has determined that it is amenable to treatment by the POTW and does not otherwise violate any discharge prohibition; or
(18) Any new or used petroleum oil or grease, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that may or do cause interference or pass-through.
(c) Concentration limits for specific pollutants.
(1) Pollutant concentration limits. Discharges made by non-domestic users having concentrations of specific pollutants greater than the pollutant concentration limits described in Table 46-146(c) in the appendix at the end of this chapter are prohibited, except as regulated under subsection (d) of this section.
(2) Measurement of pollutant concentrations.
a. The instantaneous concentration limit for a specific pollutant shall apply to the instantaneous concentration of the pollutant measured by sampling in accordance with § 46-149(a)(3)a.
b. The daily concentration limit for a specific pollutant shall apply to the daily concentration of the pollutant measured by sampling in accordance with § 46-149(a)(3)b.
(d) Special arrangements. The CWPCS may establish a special arrangement between the City and a user in a use permit or an order that allows discharges to the POTW that are otherwise prohibited by this section. A special arrangement shall not cause the City to violate any NPDES permit provisions. The special arrangement may include special alternative limits (SALs) that are greater or less than the discharge limits in subsection (c) of this section. A special arrangement may also include requirements for best management practices (BMPs) in addition to, but not in lieu of, any discharge limit. BMPs shall be established in a use permit if the user is a significant non-domestic user. The decision to establish a special arrangement shall be made at the sole discretion of the CWPCS. The special arrangement may be terminated or modified at will at any time by the City. A special arrangement shall not create any vested rights or property rights in the user. A special arrangement shall create no rights to discharge to the POTW that the user would not have had in the absence of a special arrangement. Provisions relating to termination or modification of a special arrangement may be more fully set forth in the special arrangement document. As a condition precedent to the entry into a special arrangement, the City shall require the user to sign an acknowledgment and acceptance of the provisions of this subsection. Any special arrangement may contain provisions for the user to pay a compensatory charge to the City. A special arrangement shall not allow a discharge that exceeds a categorical pretreatment standard unless a removal credit or a fundamentally different factor variance applies to allow the user to exceed the otherwise applicable categorical pretreatment standard. In such case, the special arrangement shall not allow a discharge that exceeds the limit allowed by the removal credit or variance. A violation of the terms of a special arrangement, including any SAL, BMPs or special pretreatment requirements, shall be a violation of this division.
(1) Procedures for establishing special alternative limits. In determining a SAL, the CWPCS shall allocate a share of the maximum allowable industrial loading for the pollutant of concern as set forth in subsection (2) of this subsection (d) among one or more non-domestic users in amounts and on terms and conditions deemed appropriate by the CWPCS.
(2) Maximum allowable industrial loadings. The total mass of a pollutant of concern used by or allocated to all non-domestic users, including mass allocated by the CWPCS in establishing SALs for the pollutant, shall not exceed in the aggregate for all non-domestic users the maximum allowable industrial loadings described in Table 46-146(d)(2) in the appendix at the end of this chapter.
(e) Local initiative limits. The City Director may impose limits on a user for pollutants not specifically listed in Table 46-146(c) in the appendix at the end of this chapter, which may be in a use permit or in an order. In determining a local initiative limit (LIL), the City Director shall consider available data on acceptable POTW pollutant loading based on POTW design, treatability of the pollutant, the potential for pass-through or interference, current POTW pollutant loading, the properties of the pollutant, and other relevant factors deemed appropriate by the City Director. The City Director may also establish generally applicable LILs by rulemaking. A generally applicable LIL may be established and shall be enforceable as a discharge prohibition, provided the City Director first publishes notice of the proposed LILs in the newspaper in the City with the largest circulation, provides written notice to users who are known to the City Director to discharge a significant mass or concentration of the pollutant, and provides for an opportunity to interested persons to submit written comments. If significant public comments are received, the City Director shall hold a public hearing to take additional oral and written comments. After these procedures are completed, the City Director shall publish the final enforceable LILs in the same newspaper along with the effective date of the LILs.
(f) Categorical pretreatment standards. A user shall comply with all categorical pretreatment standards and any other pretreatment requirements established under §§ 307(b), 307(c) or 402(b)(8) of the Act that are applicable to that user, as adjusted under the combined wastestream formula in Michigan Rule R 323.2311(7). If a categorical pretreatment standard and another limit contained in this division or in an applicable State of Michigan pretreatment requirement regulate the same pollutant, then the more restrictive of them shall apply. If a user requests that a removal credit be applicable to that user, then the user shall pay all costs associated with supporting, obtaining, and administering the removal credit so that the City incurs no costs. It shall be at the sole discretion of the City whether or not a removal credit shall be established and how a removal credit shall be allocated.
(g) Trucked wastes. No wastes or wastewater shall be discharged by any user or person into the POTW from a vehicle which transported the waste or wastewater to the point of discharge. The preceding sentence does not prohibit a user from trucking wastes or wastewater to the user’s treatment facility.
(h) Future conditions. Future conditions imposed on the City by government agencies with proper jurisdiction may require subsequent amendment of this chapter by the City. Where Federal- or State-promulgated pretreatment standards require limits on parameters not covered in this chapter or limits more stringent than those specified in the chapter, the State or Federal limits shall have precedence and take effect with respect to the applicable user on the later of their promulgation date or the date specified for compliance with such standards.
(i) Reserved right of revision. The City reserves the right to establish by ordinance, rule, order or use permit more stringent limitations or requirements on discharges to the POTW.
(Ord. 3630, passed 12-13-2004; Ord. 3736, passed 11-19-2008)
No user shall increase the use of potable or process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment before discharge to the POTW to achieve compliance with the standards set forth in this division, except upon prior written approval from the City Director. Such approval shall be granted at the sole discretion of the City Director and consistent with Federal and State law.
(Ord. 3630, passed 12-13-2004; Ord. 3737, passed 11-19-2008)
(a) Authority of inspectors. Authorized representatives of the City exhibiting proper credentials and identification shall be permitted at all reasonable times, and at any time in an emergency, to enter any user’s property and the property of contract municipalities without delay for the purposes of inspection, observation, measurement, sampling and testing in connection with the administration and enforcement of this division.
(b) Safety rules of user. While on the property of the user, the authorized representative of the City shall observe all reasonable safety rules applicable to the premises established by the user that are communicated by the user to the City representative at the time of entry and during the visit, if practicable. The authorized representative of the City is not required to observe such safety rules in an emergency. The user shall advise the City representative of health and safety hazards and precautionary measures necessary to protect the health and safety of the City representative while on the user’s premises. The City Director may order any user to provide written information regarding such health and safety hazards and precautionary measures. If required by the user, the City representative intending to enter a user’s property shall be provided with an escort by the user to accompany the City representative while on the user’s property. The user shall provide the escort within a reasonable time after arrival at the user’s property. In the event of an emergency, or if the user does not provide an escort within a reasonable time the City representative is not required to wait for such an escort before proceeding with the entry and other activities on the user’s property. If the City representative proceeds without such an escort on the basis of an emergency or on the basis that the user did not provide an escort within a reasonable time under the circumstances, then the City shall provide the user with a written explanation of the situation.
(c) Other inspection. Inspection by State or Federal representatives pursuant to law shall not relieve a user from inspection by City representatives, and inspection by City representatives shall not relieve any user from compliance with lawful inspection by State and Federal representatives.
(Ord. 3630, passed 12-13-2004)
(a) Wastewater sampling and analyses.
(1) The prohibitions and restrictions in § 46-146, or as set forth in a SAL or LIL (which may be in a use permit), shall apply at the point where wastewater and pollutants are discharged into the POTW. Required pretreatment and sampling for analysis of parameters specified in a use permit, discharge limit, CPS or any discharge prohibition, limitation or standard shall be effected before such point is reached.
(2) All measurements, sampling, tests and analyses of the discharge shall be determined in accordance with the EPA-approved methods contained in 40 C.F.R. Part 136. In cases where 40 C.F.R. Part 136 procedures are not available for or do not apply to the pollutant involved, other sources such as Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, or the most current methods published by the American Society for Testing Material (ASTM) or another method accepted by the City Director may be used.
(3) All samples shall be collected at a time and in a manner that ensures they are representative of the wastewater discharged when the user’s normal operations are occurring, except when required by the City to be collected at another time or in another manner.
a. Sampling to measure the instantaneous concentration shall be done by collecting one grab sample.
b. Sampling to measure the daily concentration shall be done by collecting a 24-hour, flow-proportioned composite sample, except that a minimum of four grab samples shall be collected in lieu of a 24-hour, flow-proportioned composite sample for pH, cyanide, total phenols, hexane-extractable material, sulfide and volatile organic compounds. If it is not feasible to obtain a flow-proportioned composite sample, a time-proportioned composite sample or a minimum of four grab samples may be used in lieu of the flow-proportioned composite sample if the user demonstrates to the City Director that a representative sample will be obtained. Samples shall be collected during a single 24-hour period.
(b) Significant non-domestic user sampling and analyses. Unless otherwise modified by a use permit, the following shall apply.
(1) Subject to events beyond the control of the user, significant non-domestic users shall, at their expense, sample their discharge by flow-proportioned composite sampling. Samples must be obtained periodically each day, whenever the significant non- domestic user is discharging. The flow-proportioned composite sampler shall be programmed for a minimum of 100 sampling events per day based on the average permitted flow per day. Dilution is prohibited (see § 46-147). The significant non-domestic user shall submit a written description of the specific sampling method, sampling equipment, and sampling location to the City Director and obtain the approval of the City Director. Alternately, at the discretion of the City Director, users may provide a tour of sampling locations and a demonstration of sampling equipment and specific sampling methods to City Enforcement Officer in order to obtain approval. For significant non-domestic users with a new source, this approval shall be obtained prior to commencement of the discharge. Significant non-domestic users discharging as of the effective date of this section shall make application within 90 days of the effective date.
(2) The City may direct a significant non- domestic user to not perform self-monitoring, in which case the City may obtain samples of that user’s discharge for analysis using composite time-proportioned or flow-proportioned sampling (except for pH and for fat, oil and grease which shall be grab samples) or may contract with an independent firm for such sampling. Samples may be obtained by the City each day, whenever the user is discharging. The flow-proportioned composite sampler shall be programmed for a minimum of 100 sampling events per day based on the average permitted flow per day. Dilution is prohibited (see § 46-147). The significant non- domestic user shall pay a fee to the City to fully reimburse the City for such sampling and analysis, including administrative and overhead costs. If the City contracts with an independent firm for the sampling, the significant non-domestic user shall fully reimburse the City for amounts paid by the City to the firm.
(3) The significant non-domestic user shall provide equipment at its facility to properly preserve and store up to 35 consecutive daily samples, whether or not that user is performing the sampling.
(4) Samples shall be preserved and stored at the significant non-domestic user’s facility for every day on which a discharge occurs. At least ten daily samples shall be analyzed each calendar month. Daily samples for alternate days on which a discharge occurs shall be analyzed unless the City specifies to the significant non-domestic user, no later than the fifth day after the end of the calendar month, which days ten of the samples must be analyzed for that calendar month. If the significant non-domestic user discharges for less than ten days in a calendar month, then the number of samples shall equal the number of days on which there is a discharge and all such samples shall be analyzed. Analyses shall be performed for parameters specified in the significant non-domestic user’s use permit.
(5) Samples shall be analyzed at the sole cost of the significant non-domestic user. If a significant non-domestic user does its own sampling or causes its samples to be taken, then the user shall submit the samples to a laboratory (which may be the significant non-domestic user’s own laboratory) approved by the City for analysis. If the City does not approve the user’s chosen laboratory, the City shall provide the user with a written explanation why the City did not approve the laboratory. If the significant non-domestic user utilizes its own laboratory, that significant non-domestic user shall send a split sample to an independent laboratory at least quarterly as a quality control check. If a significant non-domestic user does its own sampling or analysis, the City may also take and have analyzed daily composites or grabs at the sole cost of the significant non-domestic user, in which case the City shall provide a written explanation within a reasonable time to the user why the City is performing such sampling. If the City takes the samples, the City, at its discretion, may analyze the samples in its own laboratory or contract with an independent laboratory for the analysis.
(6) The date when a sample is taken, start time, stop time, sample type, sample location, sampler programming information, persons involved in the sampling, and any other data specified in advance by the City Director, shall be recorded by the significant non-domestic user if the significant non-domestic user is self-monitoring.
(7) Flow measurements shall be taken to record the daily discharge volume. On each sample date, flow measurements shall be taken to record the daily discharge volume unless that is not feasible. In this case, flow estimates based on water meter readings may be used if a user demonstrates to the City Director that a representative estimate will be obtained.
(8) All analytical results for the month shall be submitted to the City by the fifteenth day of the following month if the significant non-domestic user does self-monitoring. The City shall provide copies of analytical results to the significant non-domestic user if the City performs the monitoring. If a significant non-domestic user monitors any pollutant more frequently than required by the City, using the procedures prescribed in subsection (a) of this section, the results of the monitoring shall be included in the next surveillance report or other monitoring report submitted to the City by that significant non-domestic user.
(9) The City shall be provided with splits of any sample taken by a significant non-domestic user if the City requests a split sample. A significant non-domestic user shall be provided with splits of any sample taken by the City if the significant non-domestic user requests a split sample within seven days after the sample is taken. Split samples shall be provided at the time the sample is taken, if possible.
(10) The significant non-domestic user (which is performing self-monitoring) or the City (if the significant non-domestic user is not performing self-monitoring) shall contract with an independent company to maintain, repair and calibrate the sampling and flow measurement equipment and instruments used to monitor that significant non-domestic user. Such maintenance, repair and calibration shall be performed as necessary so that monitoring data is accurate and representative, but in no event less frequently than twice in a calendar year at reasonable intervals. The City, in any event, may inspect and test a significant non-domestic user’s flow meters at reasonable times or at any time in the case of an emergency.
(c) Other users. The City Director may require any other user to install a suitable control structure and necessary measuring and sampling devices to facilitate the observation, sampling and measurement of the quantity, composition and concentrations of discharges to the POTW. Such structure and devices shall be constructed and installed at the user’s expense in accordance with plans submitted to the City Director and shall be maintained by the user as safe and accessible during all reasonable times and to provide accurate and representative monitoring data. If the user fails to install such a structure and devices, or maintain them, the City may do so at the expense of the user.
(d) Removal of samples and data. The City Director or the City Director’s authorized representative shall have the right to remove samples of wastewater and pollutants discharged into the POTW and to make copies of other data and materials concerning the same. Upon the written request of such user, split samples will be provided.
(e) Authority to require submission of samples. The City Director may require any user to submit one or more representative samples of the wastewater discharged, or which the user proposes to discharge, into the POTW.
(f) Failure to permit access or removal of samples and other data. In the event a user refuses to permit access at reasonable times, or at any time in the event of an emergency, to an authorized City representative or to permit the representative to obtain, take and remove samples and make copies of other data pursuant to this section, the City may take any or all of the following actions:
(1) Order the termination of the discharge of wastewater to the POTW;
(2) Order the user to permit access within a time certain; or
(3) Issue a citation for a violation of this chapter.
(g) New installation of pretreatment facilities.
(1) Notices. The user or its authorized agent shall notify the City Director in writing, at least 15 days before the installation of new pretreatment facilities, of the date it intends to commence operation thereof. A new pretreatment facility shall not be placed in regular operation until tests have been conducted by the user to establish that the discharges will be in compliance with this division.
(2) Tests by users. A representative of the City shall be permitted to witness the tests upon prior written request. The cost of the tests shall be paid by the user of the facilities.
(Ord. 3630, passed 12-13-2004)
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