1045.06  INDUSTRIAL WASTEWATER DISCHARGE PERMITS; APPLICATIONS; RECORDS; MONITORING AND REPORTING REQUIREMENTS.
   (a)   In addition to the requests requirements in Section 1045.04(b), wastewater discharge permits are required as follows for industrial and commercial users presently contributing to or proposing to connect or contribute to the wastewater system:
      (1)   Significant industrial users as defined herein;
      (2)   Any commercial or industrial user discharging wastes subject to the conditions of this chapter and which may be considered to have adverse impacts on the wastewater treatment system.  Industrial users seeking a wastewater discharge permit shall obtain such permit before connecting or contributing to the sewer system.  All existing industrial users discharging process wastewater and such industrial users as defined above who are contributing to the system shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.
   (b)   All industrial users shall complete and file with the Pretreatment Coordinator an application in the form prescribed by the Pretreatment Coordinator. All significant industrial users shall apply for a wastewater discharge permit within ninety days after the effective date of this chapter, and shall obtain such permit within 180 days after the effective date of this chapter. Proposed new significant major industries and other industrial user shall apply at least ninety days prior to connecting to or contributing to the City wastewater disposal facilities and shall have obtained such permit before such connection or contribution is made.  In support of the application, and in conformance with the baseline reporting requirements of 40 CFR 403.12, the user shall submit, in units and terms appropriate for evaluation, the following information:
      (1)   Name, address, and location (if different from the address);
      (2)   SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
      (3)   Wastewater constituents and characteristics as determined by a reliable analytical laboratory.  Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304 (9) of the Act and contained in 40 CFR, Part 136, as amended;
      (4)   Time and duration of contribution;
      (5)   Average daily and peak wastewater flow rates, including daily, monthly and seasonal variations if any;
      (6)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
      (7)   Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;
      (8)   The nature and concentration of any pollutants in the discharge which are limited by the City, State, or Federal Pretreatment Standards, and a statement regarding whether or not the 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 user to meet applicable pretreatment standards;
      (9)   If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest compliance schedule by which the user will provide such additional pretreatment.  The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.  The flowing conditions shall apply to this schedule:
         A.   The compliance schedule shall contain increments of progress 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 (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.).
         B.   No increment referred to in paragraph (b)(9)A. hereof shall exceed nine months.
         C.   No later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a compliance schedule progress report to the Pretreatment Coordinator, including, as a minimum, whether or not it complied with the increment of progress to be met on such 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. In no event shall more than nine months elapse between such progress reports to the Pretreatment Coordinator.
         D.   Within ninety days following the date for final compliance with compliance date report indicating compliance with applicable standards and subject to the provisions of 40 CFR 403.12;
      (10)   Each product by type, amount, process or processes and rate of production;
      (11)   Type and amount of raw material processed (average and maximum per day); and
      (12)   Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
   The Pretreatment Coordinator will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Pretreatment Coordinator shall assign an industrial user classification of significant major, significant minor or non-significant. The Pretreatment Coordinator may issue a wastewater discharge permit subject to terms and conditions provided herein. Such permits shall be issued within ninety days after the filing of permit application.
   (c)   Within nine months of the promulgation of a National Categorical Pretreatment Standard, or amendment thereto, the permits of users subject to such standards will be revised to require compliance with such standards. Industrial users will also be required to submit additional information on process waste characteristics subject to pretreatment standards, pretreatment facility plans and specifications, a pretreatment compliance schedule and any other information as required by the Pretreatment Coordinator. Industrial users subject to pretreatment standards who have not previously submitted an application for a wastewater discharge permit will be required to do so as required by subsection (b) hereof.  The terms and conditions of every permit shall be subject to modification by the Pretreatment Coordinator during the term of the permit. The permit holder shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
   (d)   Wastewater discharge permits shall be subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Pretreatment Coordinator. Permits may contain the following:
      (1)   The unit charge or schedule of user charges and fees for the wastewater to be discharged to the District sewer.
      (2)   Limits on the average and maximum wastewater constituents and characteristics.
      (3)   Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
      (4)   Requirements for installation and maintenance of inspection and sampling facilities.
      (5)   Specifications for monitoring programs which may include sampling location, frequency of sampling, number, types and standards for tests and a reporting schedule.
      (6)   Compliance schedules.
      (7)   Requirements for submission of technical reports or discharge reports.
      (8)   Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Pretreatment Coordinator, and affording the Pretreatment Coordinator access thereto.
      (9)   Requirements for notification of the Pretreatment Coordinator of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
      (10)   Requirements for notification of slug discharges.
      (11)   Other conditions as deemed appropriate by the Pretreatment Coordinator to ensure compliance with this chapter.
   (e)   Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for any time period of one year or more but less than five years, or may be stated to expire on a specific date. The permit holder shall apply for permit reissuance not less than ninety days prior to the expiration of the existing permit. The Pretreatment Coordinator shall not be required to reissue any permit for the same length of time as the original period which the reissued permit replaces.
   (f)   Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the prior written approval of the Pretreatment Coordinator. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
   (g)   (1)   The Pretreatment Coordinator may require industrial users to submit periodic discharge reports, including, but not limited to, questionnaires, technical reports, sampling reports, test analyses and reports of wastewater discharged.
      (2)   When a report filed by an industrial user pursuant to this section is not adequate in the judgment of the Pretreatment Coordinator, he or she may require the user to supply such additional information as is necessary.
      (3)   All industrial users shall promptly notify the Pretreatment Coordinator in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
      (4)   As a minimum, the Pretreatment Coordinator may require industrial users having an average monthly water use greater than 500 cubic feet to complete and file an industrial wastewater survey form. An industrial user, determined to be a major contributing industry as defined herein, shall be required to file and submit periodic reports on the characteristics and volume of its discharge as required by the Federal and State EPA. If there has been no change in the volume or characteristics of the wastewater, the form may be filed indicating no change.
      (5)   All reports required as a result of these regulations shall contain the results of sampling and analysis of the industrial discharge, including the flow and the nature and concentration or production and mass, where requested by the Pretreatment Coordinator, of pollutants contained therein which are limited by the applicable pretreatment standards. If sampling performed by an industrial user indicates a violation, the user shall notify the Pretreatment Coordinator within twenty-four hours of becoming aware of the violation. The industrial user shall submit the results of the repeat analysis to the Pretreatment Coordinator within thirty days after becoming aware of the violation.
   (h)   Significant major industries and other industrial users designated by the Pretreatment Coordinator are required to maintain plant records relating to wastewater discharge, as specified by the Pretreatment Coordinator, and to afford the Pretreatment Coordinator or any person authorized to represent him or her access to these records immediately when so requested by the Pretreatment Coordinator or his or her authorized representative during normal business hours. Records shall be retained for at least three years.
   (i)   Industrial users subject to categorical standards will submit baseline reports, pretreatment compliance schedules, compliance reports, compliance deadline reports and periodic compliance reports as required in 40 CFR 403.12.
   The Pretreatment Coordinator shall require reporting by users with applicable standards that require compliance with a BMP or a pollution prevention alternative to provide documentation to determine compliance with the standard when submitting their periodic report on continued compliance.
   (j)   (1)   When required by the Pretreatment Coordinator, industrial users shall install a suitable control manhole(s), together with necessary samplers, meters, recorders and other appurtenances to adequately sample and measure the wastes discharged.
      (2)   There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
      (3)   In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the District to the point at which the building sewer is connected.
      (4)   Whether constructed on pubic or private property, the sampling and monitoring facilities shall be provided in accordance with the District's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written notification by the Director.
   (k)   (1)   For baseline monitoring and compliance reporting purposes, a minimum of four grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and/or volatile organics. For periodic report on continued compliance reporting purposes, single grab samples shall be used for pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide and/or volatile organics. Except for those pollutants that are required to be measured by grab samples (referenced above), all other pollutants will be measured by flow-proportional sampling unless justification for an alternate sampling type, representative of the discharge, is documented in the industrial user file. Multiple grab samples collected during a twenty-four hour period may be composited prior to the analysis as follows: for hexavalent chromium, cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate U.S. EPA guidance must be followed. For all other pollutants, twenty-four hour composite samples shall be obtained through flow-proportional composite sampling techniques. The City may require an industrial user to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary. The Pretreatment Coordinator may waive flow-proportional composite sampling for any user that demonstrates that flow-proportional is not feasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. Industrial users with applicable standards that require compliance with a BMP or a pollution prevention alternative shall submit documentation to determine compliance with the standard when submitting baseline or periodic compliance reports.
      (2)   Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the Pretreatment Coordinator and/or contained in the user's wastewater discharge permit. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the Applicable Categorical Pretreatment Standards. For other SIUs, for which the City has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).
      (3)   All sample results 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 from the user. If sampling and analyses are performed more frequently than required for any parameters required by the user's industrial waste permit, using test procedures prescribed by 40 CFR Part 136 or amendments thereto, or otherwise approved by EPA or as specified in the user's permit, at the designated sample location(s) - then the results shall be reported to the Pretreatment Coordinator.
      (4)   If at any time, industrial user self-monitoring sampling data indicates a violation of permit limitations, the industrial user must notify the Pretreatment Coordinator within twenty-four hours of becoming aware of the violation. If a violation is detected through sampling and analysis conducted by the City in lieu of the industrial user, the City shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation.  The City may notify the industrial user of the violation and may require the industrial user to perform the repeat sampling and analysis.
      (5)   All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed in accordance with procedures approved by the Pretreatment Coordinator. Sampling methods, locations, times, duration, and frequencies are to be determines on an individual basis subject to approval by the Pretreatment Coordinator. Users cannot use samples taken by the City to fulfill self-monitoring requirements.
      (6)   When self-monitoring analyses are required of a user, the user, upon approval of the Pretreatment Coordinator, make arrangements with a laboratory, including that of the user, to perform such analyses. The measurements, tests, and analyses of the characteristics of wastewater required by the section shall be performed by a laboratory acceptable to the Pretreatment Coordinator.
   (l)   All industrial users shall promptly notify the Pretreatment Coordinator in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). All required reports shall contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered 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".
   All reports required herein shall be signed as follows:
      (1)   By a responsible corporate officer if the industrial user submitting the reports required herein is a corporation. For the purpose of this paragraph, a responsible corporate officer means:
         A.   A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
         B.   The manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
      (2)   By a general partner or proprietor if the industrial user submitting the required reports is a partnership or sole proprietorship, respectively.
      (3)   By a duly authorized representative of the individual designated in paragraph (l)(1)A. or (l)(1)B. hereof if:
         A.   The authorization is made in writing by the individual described in paragraph (l)(1)A. or (l)(1)B. hereof;
         B.   The authorization specified either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
         C.   The written authorization is submitted to the Pretreatment Coordinator.
      (4)   If an authorization under paragraph (l)(3) hereof is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (l)(3) hereof must be submitted to the Pretreatment Coordinator prior to or together with any reports to be signed by an authorized representative.
   (m)   An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standard if the requirements of this subsection are met. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
      (1)   An upset occurred and the industrial user can identify the specific cause(s) of the upset;
      (2)   The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
      (3)   The industrial user has submitted the following information to the Pretreatment Coordinator within twenty-four hours of becoming aware of the upset (if this information is provided orally, written submission must be provided within five days):
         A.   A description of the indirect discharge and cause of noncompliance;
         B.   The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
         C.   Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
      (4)   In any enforcement proceeding the industrial user seeking to establish the occurrence of any upset shall have the burden of proof.
      (5)   In the usual exercise of prosecutorial discretion, City enforcement personnel may review any claims that non-compliance was caused by an upset. No determinations made in the course of the review constitute final action subject to judicial review. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
      (6)   The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
      (7)   If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Pretreatment Coordinator, if possible at least ten days before the date of the bypass.
      An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Pretreatment Coordinator or duly authorized agent of the City within twenty-four hours from the time the industrial user becomes aware of the bypass. A written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate and prevent recurrence of the bypass. The Pretreatment Coordinator may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
      Bypass is prohibited, and the Pretreatment Coordinator may take enforcement action against an industrial user for a bypass, unless all of the following are true:
         A.   Bypass was unavoidable to prevent loss of life, personal injury or severe property damage.
         B.   There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.
         C.   The industrial user submitted notices as required in this chapter. The Pretreatment Coordinator may approve an anticipated bypass, after considering its adverse effects, if the Pretreatment Coordinator determines that it will meet the conditions listed in this section.
   (n)   (1)   The Pretreatment Coordinator and other duly authorized agents of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, examination and copying of records, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Pretreatment Coordinator or his or her representative shall have no authority to inquire into any processes in metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers, waterways or facilities for waste treatment.
      (2)   While performing the necessary work on private properties referred to herein, the Pretreatment Coordinator or duly authorized representative of the City 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 loss or damage to its property by City agents and 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 as required in subsection (j) hereof.
      (3)   The Pretreatment Coordinator or his or her duly authorized representative bearing proper credentials and identification 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, sampling, repair and maintenance of any portion of sewerage works lying within such easement. All entry and subsequent work, if any, on such easement.
      All entry and subsequent work, if any, on such easement, pertaining to the private property involved.
   (o)   (1)   Any industrial user who disagrees with the results of metering and/or monitoring of its industrial wastes may make a written appeal to the Pretreatment Coordinator. Any such written appeal shall include the owner's name, the location of the industrial site and the nature of the appeal. The Pretreatment Coordinator shall review or cause to be reviewed any such appeal. The Pretreatment Coordinator may then accept any evidence that testing conducted by qualified persons of the appellant's choice and at the sole expense of the appellant.
      (2)   Such independent tests shall be conducted as nearly as possible to the same date and time as similar tests are conducted by the District. The results of the two tests shall be compared and a mutual settlement reached. In the event mutual agreement is not made, the matter shall be referred to the Safety/Service Director who shall make a final ruling in such dispute.
   (p)   (1)   When requested by the industrial user furnishing a report, permit application or questionnaire, the portions of the report or other document which might disclose information advantageous to competitors shall not be made available for inspection by the public, provided, however, that such portions of a report or other document shall be available for judicial review or enforcement proceedings involving the person furnishing the report.
      (2)   Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the user. Waste constituents and characteristics will not be recognized as confidential information and shall be available to the public without restriction.
      (3)   All other information submitted to the City shall be available to the public to the extent provided by 40 CFR 2302.
(Ord. 91-130. Passed 11-5-91; Ord. 09-27.  Passed 3-3-09.)