(a) It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the Authority and/or to the POTW without first having complied with the terms of this chapter.
(b) The City Manager may issue, at any time deemed necessary, an administrative order to any User to control the User’s discharge to the sewerage system and ensure compliance with any regulation established by this chapter including, but not limited to, the following:
(1) The general and specific discharge prohibition.
(2) Compliance with specific local discharge limits.
(3) The applicable Federal Categorical Pretreatment Standards.
(4) Compliance with categorical standards reporting requirements
(c) An administrative order will be in the form of a written notice from the City Manager and may be served upon any user by a duly authorized representative of the City Manager or by certified mail with return receipt requested.
(d) Wastewater Discharger/Disclosure Data.
(1) All industrial users proposing to connect to the POTW must plan and construct pretreatment and/or monitoring facilities when necessary to comply with applicable federal, state, and City regulations before connecting to the POTW. Detailed plans of proposed monitoring and/or pretreatment facilities shall be submitted to the City before construction of the facilities and must be approved by the City before construction.
All industrial users proposing to connect to the POTW shall submit to the City in units and terms appropriate for evaluation, the following information at least 90 days before the proposed date of connection to the POTW.
A. Company name, mailing address, and plant address.
B. Standard Industrial Classification (SIC) numbers according to the Standard Industrial Classification Manual, Bureau of the Budget, as amended.
C. Anticipated wastewater constituents and characteristics, including but not limited to those described in Section 929.03.
D. Anticipated pattern of discharge: average and peak flow rates in gallons per day, describing daily, monthly, and seasonal variations.
E. Site plans and plumbing plans which show all building drains, building sewers, inspection manholes, sampling chambers, and appurtenances by size, location, and elevation.
F. Products to be produced by type, amount, and rate of production.
G. Type and amount of raw materials to be used and a description of plant processes.
H. Number of employees, hours of operation, and proposed hours of operation of pretreatment facilities.
I. All disclosure forms shall be signed by a principal executive officer of the Discharger and a qualified engineer.
(2) All industrial users tributary to the POTW and subject to an existing federal, state, or local pretreatment standard shall submit to the City, within 180 days after the effective date of this section, information describing the nature and concentration of the regulated parameter(s), and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional O&M and/or additional pretreatment is required for the User to meet applicable pretreatment standards.
If additional pretreatment and/or O&M will be required to meet pretreatment standards, the User shall describe the shortest schedule by which additional pretreatment and/or O&M will be provided. The completion date in this schedule shall not be later than any compliance date established by applicable federal or state regulations, or in the case when pretreatment must be provided as a result of a local standard described in Section 929.03, the completion date shall not be later than 18 months following the effective date of this section.
(3) All industrial users tributary to the POTW who anticipate significant changes in the quantity or characteristics of their discharge to the POTW shall submit to the City a written description of anticipated changes at least 30 days before such changes take place.
(4) The Authority reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance by the Authority with applicable laws and regulations.
All National Categorical Pretreatment Standards adopted after the promulgation of this chapter shall be adopted by the Authority as part of this chapter. The discharger shall be informed of any proposed changes in this chapter at least 30 days prior to the effective date of change. Any changes or new conditions in the chapter shall include a reasonable time schedule for compliance.
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor by the industrial concern.
(5) Reporting requirements for discharger.
A. Compliance Date Report. Within 90 days following the date for final compliance by the Discharger with applicable pretreatment standards set forth in this chapter or 90 days following commencement of the introduction of wastewater into the POTW by a new Discharger, any Discharger subject to this chapter shall submit to the Authority a report indicating the nature and concentration of all prohibited or regulated substances contained it its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the Discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the Discharger, and certified to by a qualified engineer.
The following conditions shall apply to this Compliance Schedule.
1. The schedule shall contain increments of progress in the form of milestone 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction etc.).
2. No increment referred to in paragraph (1) shall exceed 9 months.
3. No later than 14 days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the City Manager, as a minimum, whether or not it complied with the increment of progress to be met on such milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established.
B. Periodic compliance report. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
Any discharger subject to a pretreatment standard set forth in this chapter, after the compliance date of such standard, or in the case of a new discharger, after commencement of the discharge to the POTW, shall submit to the Authority during the months of June and December, unless required more frequently by the Authority, a report indicating the nature and concentration of prohibited or regulated substances in the discharge which are limited by the pretreatment standard. This report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. In addition, this report shall include a description of the type and amount of residuals generated by the User during the reporting period, and a description of how and where these residuals were disposed of.
All sampling or analytical techniques should adhere to those set forth in 40 CFR, Part 136. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, all measurements, tests, and analyses of the characteristics of waters and wastes shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage." The Authority, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports on months other than those specified above.
(6) Samples will be collected by the City for the purpose of determining compliance by industrial users. Upon request, the samples may be split and a portion given to the Industrial User. The City will bill the User appropriately for the cost of analyses performed to determine compliance.
(7) The Authority may inspect the pretreatment and/or the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the Authority or its representatives, upon presentation of credentials of identification, to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling, or records examination. The Authority shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations.
Reports of Dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Authority. The frequency of monitoring by the Discharger shall be as prescribed in the pretreatment program for the City of Gallipolis. All analyses shall be performed in accordance with U.S. EPA approved procedures.
(8) The Authority shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, repair, sampling, and maintenance of any portion of the wastewater works lying within such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(9) While performing the necessary work on private properties referred to hereof, the Authority shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
(10) Confidential Information. Information furnished by an Industrial User to the City shall be available to the public or other governmental agency without restriction unless the user demonstrates that the release of such information would endanger its competitive position.
When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, and/or the pretreatment programs. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Authority as confidential shall not be transmitted to any governmental agency by the Authority until and unless a 10-day notification is given to the discharger.
(Ord. 85-33. Passed 6-4-85.)