Section
8-2-1 Definitions
8-2-2 General sewer use requirements
8-2-3 Pretreatment of wastewater
8-2-4 Wastewater discharge permit issuance process
8-2-5 Reporting requirements
8-2-6 Compliance monitoring
8-2-7 Confidential information
8-2-8 Publication of industrial users in significant non-compliance
8-2-9 Administrative enforcement remedies
8-2-10 Judicial enforcement remedies
8-2-11 Supplemental enforcement action
8-2-12 Pretreatment charges and fees
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
ABBREVIATIONS.
(1) C.F.R. Code of Federal Regulations.
(2) NPDES. National Pollutant Discharge Elimination System.
(3) RCRA. Resource Conservation and Recovery Act.
(4) SWDA. Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.).
(5) U.S.C. United Stated Code.
ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER. A responsible corporate officer or manager, a partner, proprietor or representative as defined in 40 C.F.R. § 403.12(1).
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter (mg/l).
CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with § 307 (b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear in 40 C.F.R. Chapter I, Subchapter N, parts 405 through 471.
COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water.
COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
INDUSTRIAL USER. A source of pollutants introduced into the POTW from any non-domestic source regulated under § 307 (b), (c) or (d) of the Act.
INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge process, use or disposal; and
(2) Therefore, is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder: § 405 of the Clean Water Act (CWA), being 33 U.S.C. § 1345; the SWDA, including Title II (RCRA), being 42 U.S.C. §§ 6901 et seq.; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act, being 42 U.S.C. §§ 7401 et seq.; and the Toxic Substance Control Act, being 15 U.S.C. §§ 2601 et seq.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NEW SOURCE. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commences after the publication of proposed pretreatment standards under § 307(c) of the Act which will be applicable to such source if such standards are therefore promulgated in accordance with that section.
NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product or finished product.
PASS THROUGH. A discharge which exits the POTW into waters of the U.S. in quantities or concentration which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities.
pH. A measure of the acidity or alkalinity of a substance, expressed in standard units.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural or industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor).
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutants properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS. Pretreatment standards shall mean prohibitive discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances: these prohibitions appear in § 8-2-2(A) of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW). A “treatment-works” as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by the municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
SEPTIC TANK WASTE. Any sewerage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations and the like).
SHALL; MAY; TENSES. “Shall” is mandatory; “may” is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
SIGNIFICANT INDUSTRIAL USER. Applies to:
(1) Industrial users subject to categorical pretreatment standards; and
(2) Any other industrial user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater;
(b) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
(c) Is designated as significant by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POW’s operation or for violating any pretreatment standard or requirement.
SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards of this chapter or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non- customary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt.
SUPERINTENDENT. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter or his or her duly authorized representative.
SUSPENDED SOLIDS. Solids that either float on the surface or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
TOXIC POLLUTANT. One of 126 pollutants or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of § 307 (33 U.S.C. § 1317) of the Act.
TREATMENT PLANT EFFLUENT. Any discharge of pollutants from the POTW into waters of the state.
WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwelling, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW designed to provide treatment of sewage and industrial waste.
(Ord. C-172, passed 9-7-1993)
(A) Prohibited discharge standards. No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirement. Furthermore, no industrial user shall contribute the following substances to the POTW:
(1) Pollutants which create a fire or explosive hazard in the Municipal wastewater collection and POTW, including but not limited to waste streams with a closed-cup flashpoint of less than 140°F or 60°C using the test methods specified in 40 C.F.R. § 261.21;
(2) Any wastewater having a pH less than 5.0 or more than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment, or endangering city personnel;
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;
(4) Any wastewater containing pollutants, including oxygen demanding pollutants (BOD and the like), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW; or any wastewater treatment or sludge process, or which will constitute a hazard to humans or animals;
(5) Any wastewater having a temperature greater than 150°F or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F or 40°Ce;
(6) Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass through;
(7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(8) Any trucked or hauled pollutants, except at discharge points designated by the city;
(9) Any noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life or to prevent entry into the sewers for maintenance and repair;
(10) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent thereby violating the city’s NPDES’s permit;
(11) Any wastewater containing any radioactive wastes or isotopes, except as specifically approved by the Superintendent in compliance with applicable state or federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent;
(13) Any sludges, screenings or other residues from the pretreatment of industrial wastes;
(14) Any medical wastes, except as specifically authorized by the Superintendent;
(15) Any wastewater containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed and causes the treatment plant effluent to violate the city’s NPDES permit or causes the treatment plant effluent to fail a toxicity test;
(16) Any wastes containing detergents, surface active agents or other substances which may cause excessive foaming in the POTW;
(17) Any water or waste containing fats, wax, grease or oils, whether emulsified or not in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F;
(18) Any wastes which cause unusual concentrations of inert suspended solids or inert dissolved solids;
(19) Any unusual volume of flow or concentration of wastes constituting a “slug load”, as defined herein;
(20) Any water or waste waters not in compliance with national categorical pretreatment standards as defined in § 8-2-1 of this chapter; and
(21) Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user’s pretreatment facility before connecting with the POTW.
(B) Influent limits. The maximum influent limits shall not exceed those limits as established in the pretreatment program manual at Table 8, page 18, as adopted by the City Council.
(C) Dilution. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement.
(D) Special agreement. The city reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement.
(E) City’s right of revision. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives of this chapter or the general and specific prohibitions in this chapter. The Superintendent shall have the authority to develop local limits based on the maximum allowable headworks loadings (MAHL) and the authority to apply these limits in industrial user discharge permits.
(Ord. C-172, passed 9-7-1993)
(A) Provision of necessary wastewater treatment. Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 8-2-2 of this chapter within the time limitations specified by the EPA, the state or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, continuously operated and maintained at the industrial user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be approved, in writing, by the city before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter.
(B) Restriction of discharge. Whenever deemed necessary, the Superintendent may require industrial users to restrict their discharge during peak flow periods, to install and maintain a suitable storage and flow control facility to ensure equalization of flow, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the industrial user’s compliance with the requirements of this chapter.
(C) Interceptors and bar screens. Grease, oil and sand interceptors and bar screens shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amount of grease and oil, sand or screenings; except that, such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly as needed, by the owner at his or her expense.
(D) Combustible gas detection meter. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(E) Slug control plan. The Superintendent may require any industrial user to develop a slug control plan which outlines discharge practices, describes stored chemicals and contains procedures both to notify the treatment plant immediately and to prevent adverse impacts from any accidental or slug discharges.
(F) Hauled wastewater.
(1) Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment plant area, and at such times as are established by the Superintendent; provided, such wastes do not violate this chapter or any other requirements established or adopted by the city. The Superintendent may issue discharge permits for individual vehicles to use such facilities and may require the completion of records to establish the origin of and the constituents in the hauled waste.
(2) The discharge of hauled industrial wastes as “industrial septage” requires prior approval from the city. The Superintendent shall have authority to prohibit the disposal of such wastes or any other hauled wastes if such disposal would interfere with the treatment plant operation. Waste haulers are subject to all other sections of this chapter.
(3) Fees for dumping septage or other hauled wastes and fees for analyzing such wastes may be established by the Superintendent in conjunction with the sewer rate system provisions in § 8-7-2 of this code of ordinances.
(G) Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this chapter.
(H) Vandalism. No person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter.
(I) Pollution control equipment. An industrial user defined as a “new source” shall install and have in operating condition and shall “start up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within 90 days, new sources must meet all applicable pretreatment standards.
(Ord. C-172, passed 9-7-1993)
(A) Wastewater survey. When requested by the Superintendent all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the chapter.
(B) Wastewater discharge permit requirements.
(1) It shall be unlawful for any significant industrial user to discharge wastewater into the city’s POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
(2) The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
(C) Wastewater discharge permitting existing connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date hereof and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the city for a wastewater discharge permit in accordance with division (E) below, and shall not cause or allow discharges to the POTW to continue after 60 days of the effective date hereof, except in accordance with a wastewater discharge permit issued by the Superintendent.
(D) Wastewater discharge permitting new connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least 60 days prior to the date upon which any discharge will begin.
(E) Wastewater discharge permit application contents. In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required in § 8-2-5(A)(2) of this chapter. The Superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested:
(1) Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW;
(2) Number and type of employees, hours of operation and proposed or actual hours of operation of the POTW;
(3) Each product produced by type, amount, process or processes and rate of production;
(4) Type and amount of raw materials processed (average and maximum per day);
(5) The site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge;
(6) Time and duration of the discharge; and
(7) Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.
(F) Application signatories and certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user: “I certify under penalty of law that this document and all attachments were prepared under my direction of 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.”
(G) Wastewater discharge permit decisions. The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 15 days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The Superintendent may deny any application for a wastewater discharge permit.
(H) Wastewater discharge permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period less than five years at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(I) Wastewater discharge permit contents.
(1) Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW.
(2) Wastewater discharge permits must contain the following conditions:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(b) A statement that the wastewater discharge permit is non-transferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) Effluent limits applicable to the user based on applicable standards in federal, state and local law;
(d) Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; and
(e) Statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
(2) Wastewater discharge permits may contain, but need not be limited to, the following:
(a) Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
(b) Limits on the instantaneous, daily and monthly average and/or maximum;
(c) Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;
(d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges;
(e) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(g) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(h) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this chapter, and state and federal laws, rules and regulations.
(J) Wastewater discharge permit appeals. Any person, including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) If the city fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Lee County District Court at Fort Madison within ten days.
(K) Wastewater discharge permit modification.
(1) The Superintendent may modify the wastewater discharge permit for good cause, including, but not limited to, the following:
(a) To incorporate any new or revised federal, state or local pretreatment standards or requirements;
(b) To address significant alterations or additions to the industrial user’s operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;
(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel or the receiving waters;
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. § 403.13;
(h) To correct typographical or other errors in the wastewater discharge permit; and
(i) To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
(2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
(L) Wastewater discharge permit transfer.
(1) Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 15 days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which:
(a) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
(b) Identifies the specific date on which the transfer is to occur; and
(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(2) Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.
(M) Wastewater discharge permit revocation.
(1) Wastewater discharge permits may be revoked for the following reasons:
(a) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the city of changed condition pursuant to § 8-2-5(E) of this chapter;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the city timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of a permitted facility; and/or
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
(2) Wastewater discharge permits shall be voidable upon non-use, cessation of operations or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.
(N) Wastewater discharge permit reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with division (E) above a minimum of 30 days prior to the expiration of the industrial user’s existing wastewater discharge permit.
(Ord. C-172, passed 9-7-1993)
(A) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the city a report which contains the information listed in division (A)(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in division (A)(2) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(2) The industrial user shall submit the information required by this section including:
(a) Identifying information. The name and address of the facility including the name of the operator and owners;
(b) Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility;
(c) Description of operations. A brief description of the nature, average rate of production and standard industrial classification of the operations carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(d) 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 waste stream formula set out in 40 C.F.R. § 403.6(e);
(e) Measurement of pollutants.
1. Identify the categorical pretreatment standards applicable to each regulated process;
2. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in division (J) below; and
3. Sampling must be performed in accordance with procedures set out in division (K) below.
(f) Certification. A statement reviewed by the industrial user’s 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;
(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard; and
(h) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 8-2-4F of this chapter.
(B) Compliance schedule progress report. The following conditions shall apply to the schedule required by division (A)(2)(g) above. 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 hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial 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, as 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 industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(C) Report 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 POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in divisions (A)(2)(d) through (A)(2)(f) above. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the industrial user’s long-term production rate. For all other industrial 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 industrial user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 8-2-4(F) of this chapter.
(D) Periodic compliance reports.
(1) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 8-2-4(F) of this chapter.
(2) All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
(3) If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, the results of this monitoring shall be included in the report.
(E) Report of changed conditions. Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user’s operations or system which might alter the nature, quality or volume of its wastewater at least 60 days before the change.
(1) The Superintendent may require the industrial 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 § 8-2-4(E) of this chapter.
(3) No industrial user shall implement the planned changed conditions until and unless the Superintendent has responded to the industrial user’s notice.
(4) For purposes of this requirement flow increases of 10% or greater, and the discharge of any previously unreported pollutants, shall be deemed significant.
(F) Reports of potential problems.
(1) In the case of any discharge including, but not limited to accidental discharges of a non- routine, episodic nature, a non-customary batch discharge or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 8-2-2(A) of this chapter), it is the responsibility of the industrial user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
(2) Within five days following such discharge, the industrial 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 industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this chapter.
(3) Failure to notify the city of potential problem discharges shall be deemed a separate violation of this chapter.
(4) A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (F)(1) above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
(G) Reports from non-significant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the Superintendent may require.
(H) Notice of violation/repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user’s at least once a month, or if the POTW performs sampling between the industrial user’s initial sampling and when the industrial user receives the results of this sampling.
(I) Notification of the discharge of hazardous waste.
(1) Any industrial 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 industrial user discharges more than ten kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notification must take place no later than 180 days after the discharge commences. Any notification under this division (I)(1) above need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under division (E) above. The notification requirements in this section does not apply to pollutants already reported under the self-monitoring requirements in divisions (A), (C) and (D) above.
(2) (a) Discharges are exempt from the requirements of division (I)(1) 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 non-acute 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.
(b) Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under § 3001 of RCRA, being 42 U.S.C. § 6921, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, 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.
(4) In the case of any notification made under this section, the industrial 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.
(J) 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, 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, sampling and analyses must be performed in accordance with procedures approved by the EPA.
(K) Sample collection.
(1) Except as indicated in division (K)(2) below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques.
(L) Determination of non-compliance. The Superintendent may use a grab sample(s) to determine non-compliance with pretreatment standards.
(M) Timing. Written reports will be deemed to have been submitted on the date post-marked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern.
(N) Record keeping. Industrial users shall retain and make available for inspection and copying, all records and information required to be retained under this chapter. 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 compliance with this chapter, or where the industrial user has been specifically notified of a longer retention period by the Superintendent.
(Ord. C-172, passed 9-7-1993)
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