§ 53.33 ADMINISTRATION.
   (A)   Industrial discharges. It shall be unlawful for industrial users to discharge sewage, industrial wastes or other wastes into the POTW sewer system without an industrial waste permit issued by the village.
   (B)   Industrial waste permits.
      (1)   General permits. All industrial users proposing to connect to, or to discharge sewage, industrial wastes and other wastes to the POTW shall obtain an industrial waste permit before connecting to or discharging to the POTW. All existing, industrial users connected to or discharging to the POTW shall obtain an industrial waste permit within 180 days after the effective, date of this subchapter.
      (2)   Permit application. 
         (a)   Industrial users shall complete and file with the Pretreatment Coordinator, a permit application therefore in the form prescribed, by the village, and accompanied by the appropriate fee of described in division (C) of this section. Existing industrial users shall apply for an industrial waste permit within 90 days after the effective date of this subchapter, and proposed new industrial users shall apply at least 30 days prior to connecting to the POTW. No discharge permit shall be issued unless and until the following conditions have been met:
            1.   Disclosure of the name, address, and location of the industrial user;
            2.   Disclosure of standard industrial classification (SIC) number(s) according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
            3.   Disclosure of wastewater constituents and characteristics, including but not limited to those mentioned in this subchapter and listed in the permit application, as determined by an Ohio EPA approved laboratory. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 C.F.R. part 136, as amended;
            4.   Disclosure of the time and duration of the discharges;
            5.   Disclosure of average daily and peak daily flow rates, in gallons per day (gpd), including daily, monthly, and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved, by the Pretreatment Coordinator due to cost or nonfeasibility;
            6.   Disclosure of site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, inspection manholes, sampling chambers, and appurtenances by size, location, and elevation;
            7.   Description of activities, facilities, and plant processes on the premises including all materials which are or may be discharged to the POTW sewers;
            8.   Disclosure of the nature and concentration of any pollutants or materials prohibited by this subchapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this subchapter on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment facilities are required for the industrial user to comply with this subchapter;
            9.   Where additional pretreatment facilities and/or operation and maintenance activities will be required to comply with this subchapter, the industrial user shall provide a declaration of the shortest schedule by which the industrial user will provide such additional facilities and/or implement additional operation and maintenance activities.
               a.   The schedule, shall contain a time table with completion dates of major events leading to the construction and operation of such additional facilities.
               b.   Under no circumstance shall the authority permit a time increment for any single step directed toward compliance to exceed six months in duration.
               c.   The industrial user shall submit monthly progress reports to the Superintendent, including the percent completion for each major event, the anticipated completion date for each major event and any deviations from the original schedule.
            10.   Disclosure of each product produced by type, amount, process or processes and rate of production;
            11.   Disclosure of the type and rate of raw materials utilized, (average and maximum per day);
            12.   All permit applications for new, modified or renewal permits shall be signed by a principal officer, or individual designated by principal officer, (by written permission) of the industrial user and notarized. Any plans submitted for pretreatment facilities shall be signed by a professional engineer registered in the state;
            13.   Industrial users shall install at their expense a sampling manhole as specified by the authority, if required in the opinion of the Superintendent and Pretreatment Coordinator.
         (b)   The authority will evaluate the complete application data submitted by the industrial user and may require additional information. Within 30 days after full evaluation and acceptance of the date furnished, the authority shall issue an industrial waste permit subject to terms and conditions provided herein.
      (3)   Permit modifications.
         (a)   The authority reserves the right to amend any industrial waste permit issued hereunder in order to assure compliance by the authority with applicable state and federal laws and regulations.
         (b)   Within three months after the promulgation of a national categorical pretreatment standard, the industrial waste permit of each industrial user, subject to such standards, shall be revised to require compliance with such standards within the time frame prescribed by the standard. All national categorical pretreatment standards adopted after the effective date of this subchapter shall become part of this subchapter as if originally written herein.
         (c)   Any industrial user subject to a national categorical pretreatment standard shall submit information required by such standards along with a compliance schedule to comply with the same.
      (4)   Permit conditions. The industrial waste permit shall specify the following:
         (a)   Limitations on the average and maximum wastewater constituents and characteristics to be discharged to the POTW system, based on this subchapter or revisions thereof;
         (b)   Requirements for installation and maintenance of inspection, sampling and metering facilities, and location of same;
         (c)   Sampling frequency, sample type, and standards for tests;
         (d)   Reporting schedule;
         (e)   Compliance schedule;
         (f)   Records retention;
         (g)   Right of entry for authority personnel;
         (h)   Penalties;
         (i)   Revocation of permit;
         (j)   Unauthorized discharges;
         (k)   Accidental spill notification;
         (l)   Permit duration;
         (m)   Limitation on permit transfer;
         (n)   Hazardous waste disposal; and
         (o)   State and federal regulations.
   (C)   Reporting requirements for categorical and noncategorical users.
      (1)   Base line monitoring report. Within 90 days after the effective data of a categorical pretreatment standard, or 90 days after the final administrative decision made upon a category determination submission under 40 C.F.R. § 403.6(a)(4), whichever is later, existing and new source 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 village a report which contains the information listed below.
         (a)   Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners.
         (b)   Permits. The user shall submit a list of any environmental control permits held by or for the facility.
         (c)   Description of operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) 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. A control manhole to facilitate the sampling, measurement, and observation of the discharge wastes from the facility prior to the connection to the sewer system will be required and must be shown on the schematic.
         (d)   Flow measurement.
            1.   The user shall submit irrigation showing the measured average, daily and maximum daily flow in gallons per day to the POTW from each of the following:
               a.   Regulated process streams; and
               b.   Other streams as necessary to allow use of the combined wastestream formula of 40 C.F.R. § 403.6(e).
            2.   The village may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
         (e)   Measurement of pollutants.
            1.   The user shall identify the pretreatment standards applicable to each regulated process.
            2.   In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.
            3.   Where feasible, samples must be obtained through the flow-proportional composite sampling techniques specified in the applicable categorical pretreatment standard. Where composite sampling is not feasible, a grab sample is acceptable.
            4.   Where the flow of the stream being sampled is less than or equal to 950,000 liters/day (approximately 250,000 gpd), the user must take three samples within a two-week period. Where the flow of the stream being sampled is greater than 950,000 liters/day (approximately 250,000 gpd), the user must take six samples within a two-week period.
            5.   Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 C.F.R. § 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. § 403.6(e) this adjusted limit along with supporting data shall be submitted to the village.
            6.   Sampling and analysis shall be performed in accordance with the technique prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in questions, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator;
            7.   The village may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures; and
            8.   The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
         (f)   Certification. A statement reviewed by an authorized representative of the industrial user and certified to 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 for the industrial user 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.
            1.   Where the industrial user’s categorical pretreatment standard has been modified by a removal allowance of 40 C.F.R. § 403.7, the combined wastestream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) at the time the user submits the report required by this section, the information required by subsections (f) and (g) above shall pertain to the modified limits.
            2.   The categorical pretreatment standard is modified by a removal allowance (40 C.F.R. § 403.7), the combined wastestream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) after the user submits the report required by this section, any necessary amendments to the information requested by subsections (f) and (g) above shall be submitted by the user to the village within 60 days after the modified limit is approved.
      (2)   Ninety-day compliance report. 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 pretreatment standards and requirements shall submit to the village a report indicating the mature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the industrial user which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, as defined in this section, and certified to by a qualified professional.
      (3)   Self-monitoring reports. Each industrial user, if required by its industrial waste permit, shall submit periodic self-monitoring reports on the volume, flow rates, concentrations and mass loading being discharged to the POTW system by their facility. Self-monitoring report forms will be provided by the authority. Sample locations shall be specified in the industrial waste permit along with sample type, duration, parameters to be analyzed and test methods to use. Such self monitoring shall be performed in the month specified in the industrial waste permit, and the report filed with the Superintendent by the tenth day of the following month. All categorical industrial users shall submit self-monitoring reports whether or not the requirement is included in their industrial waste permit.
      (4)   Compliance reports. Each industrial user shall submit semi-annual compliance schedule progress reports if a compliance schedule has been issued to them by the authority, or if a compliance schedule is required by a state or federal pretreatment regulation promulgated for the industry category applicable to the industrial user. Such reports shall show the percent completion on each compliance item or milestone in the compliance schedule. New projected dates for meeting the compliance items shall also be specified. If dates are later than specified in the compliance schedule, then a justification shall be presented so the authority can evaluate the extension request. Compliance schedule progress reports shall be submitted by the tenth day of the month for the preceding month’s activity.
      (5)   Accidental spill reports. Each industrial user shall notify the Superintendent immediately by phone of any accidental spill that has found entry into the POTW system. Within five working days after a spill, a written report shall be filed with the authority detailing the spill accident and corrective steps taken to minimize the impact on the POTW system. The report shall include the material spilled, quantity/volume, time/date/hour of spill, corrective action taken and who to contact for emergency response coordination. Also included in the report shall be corrective action planned with a time schedule to prevent the occurrence from happening again. An accidental spill report form shall also be filed with the written report.
      (6)   Changes in operation reports. Each industrial user shall report any planned changes in their operation to the authority before those changes occur. Changes include process changes, discharge waste characteristics changes, production rate changes, expansions and the like. Such reports shall be informal letter reports with enough detail for the Superintendent to make a determination if the proposed change will impact the POTW system or require a modification to the industrial waste permit.
      (7)   Bypass. Bypasses are prohibitive unless unavoidable or justifiable. Industrial users shall notify the control authority with 48 hours in advance of anticipated or within 24 hours of unanticipated bypasses.
      (8)   Signatory requirements for reports. All reports for new source, modified, or existing users shall be signed by a principal officer or individual designated by principal officer (by written permission).
   (D)   Monitoring facilities.
      (1)   Sample station. Each industrial user shall install and maintain, at his or her own expense, a suitable sample station or control manhole at the location and of the type as specified by the Superintendent. Such stations shall be maintained safe and accessible at all times.
      (2)   Flow metering. Each industrial user shall provide adequate metering of waste flows for computing industrial waste loads to the POTW system. Water meter readings from the village may be used when this flow reading accurately describes the waste being discharged, to the POTW system. If the industrial user obtains any part, or all of its water from sources other than the village, the industrial user shall install and maintain at his or her own expense water meters of a type approved by the Superintendent on such lines for determining waste discharge loads.
   (E)   Inspection and sampling.
      (1)   Inspection. The authority may inspect the pretreatment facilities, sampling station, and production area of any industrial user to determine compliance with the requirements of this subchapter. The industrial user shall allow the Superintendent or pretreatment coordinator to enter upon the premises of the industrial user during normal working hours that the industrial user maintains for the purpose of inspection, sampling, meter reading or records examination.
      (2)   Sampling.
         (a)   The authority shall have the right to sample the waste stream from each industrial user at any time to determine compliance with the regulations of this subchapter and the industrial user’s industrial waste permit. The authority may use the sampling station installed by the industrial user for this purpose. The authority shall offer to split its samples with the industrial user for their own analysis.
         (b)   In the case of analyses performed by both the authority and the industrial user resulting in substantially different values using the same standard methods procedures, the sampling will be deemed in error and performed again.
         (c)   Each industrial user shall self monitor its waste stream as specified in its industrial waste permit. Samples shall be collected in such a manner as to be representative of the composition of the waste stream. The sampling shall be accomplished by use of automatic sampling devices capable of collecting 24-hour composite samples.
      (3)   Analysis of samples. Laboratory analysis of industrial wastewater samples shall be in accordance with Standard Methods for the Analysis of Water and Wastewater as published by the American Public Health Association. Laboratories performing such analysis shall be approved by an appropriate regulatory agency.
   (F)   Pretreatment requirements.
      (1)   Industrial users required to install pretreatment facilities to meet the requirements of this subchapter or federal pretreatment standards shall submit plans, specifications and other pertinent data to the authority for review and approval. Any changes or additions to pretreatment facilities shall only be made with the approval of the Superintendent. Such approval shall not exempt the industrial user from compliance with other applicable codes, ordinances, rules, regulations or orders of any governmental authority. The industrial user shall be solely responsible for the operation, maintenance and performance of the pretreatment facility.
      (2)   Industrial users discharging grease and oil and/or inorganic materials such as sand and grit shall install interceptors to reduce these waste characteristics to levels in accord with this subchapter. Plans showing the location, size and cleanouts for such facilities shall be submitted to the Superintendent for approval. Installation, operation and maintenance of said facilities shall be at the expense of the industrial user. Cleaning of interceptor facilities shall be a routine basis and performed by a licensed waste hauler. Evidence of cleaning, in the form of a receipt copy, shall be sent to the Superintendent for his or her records.
   (G)   Confidential information. 
      (1)   Information and data submitted to the authority with respect to the municipal/industrial pretreatment program shall be made available to the general public or other governmental agencies. Industrial users may request that said information be kept as confidential files if the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information.
      (2)   Information accepted by the authority as confidential shall be kept in a locked file cabinet, and shall not be transmitted to any governmental agency or the general public without the written consent of the industrial user.
(Ord. 1993-09, passed 9-13-1993)