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(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)
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