Loading...
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CENTRALIZED WASTE TREATMENT (CWT) FACILITY. Any facility that treats (for disposal, recycling or recovery of material) any hazardous or non-hazardous industrial wastes, hazardous or non-hazardous industrial wastewater, and/or used material received from off-site. CWT FACILITY includes both a facility that treats waste received exclusively from off-site and a facility that treats wastes generated on-site as well as waste received from off-site. For example, an organic chemical manufacturing plant may, in certain circumstances, be a CWT facility if it treats industrial wastes received from offsite as well as industrial waste generated at the organic chemical manufacturing plant. CWT FACILITIES may also include re-refiners and may be owned by the federal government. 40 C.F.R. § 437.2(c).
CENTRALIZED WASTE TREATMENT WASTEWATER. Any wastewater generated as a result of CWT activities. CWT WASTEWATER sources may include, but are not limited to: liquid waste receipts, solubilization water, used oil emulsion-breaking wastewater, tanker truck/drum/roll-off box washes, equipment washes, air pollution control scrubber blow-down, laboratory-derived wastewater, on-site landfill wastewaters, and contaminated storm water. 40 C.F.R. § 437.2(d).
DOMESTIC SEPTAGE.
(a) Human excreta, water, scum, sludge, and sewage from sewage disposal systems, or retained contents of wastewater holding tanks.
(b) Wastes carried in liquid from ordinary living processes.
(c) Incidental or accidental seepage from sewage disposal systems.
The term does not include contents rrom chemical toilets, or Type m marine sanitation devices. (327 IAC 7.1-2-11).
GREASE. Grease, fats, and retained wastes from grease traps or interceptors.
METAL-BEARING WASTES. Wastes and/or used materials from manufacturing or processing facilities or other commercial operations that contain significant quantities of metal pollutants, but not significant quantities of oil and grease (generally less than 100 mg/L). Examples of these wastes are spent electroplating baths and sludges, metal-finishing rinse water and sludges, chromate wastes, blow-down water and sludges from air pollution control, spent anodizing solutions, incineration air pollution control wastewaters, waste liquid mercury, cyanide containing wastes greater than 136 mg/L, and waste acids and bases with or without metals. 40 C.F.R. § 437.2(1).
MULTIPLE WASTESTREAM CWTFACILITY. A CWT facility which accepts waste in more than one CWT subcategory (metals, oils, or organics) and combines any portion of these different subcategory wastes at any point prior to the compliance discharge sampling location. 40 C.F.R. § 437.2(m).
OILY WASTES. Wastes and/or used materials that contain oil and grease (generally at or in excess of 100 mg/L) from manufacturing or processing facilities or other commercial operations. Examples of these wastes are used oils, oil-water emulsions or mixtures, lubricants, coolants,
contaminated groundwater clean-up from petroleum sources, used petroleum products, oil spill clean-up, bilge water, rinse/wash waters from petroleum sources, interceptor wastes, off-specification fuels, underground storage tank remediation waste, and tank clean out from petroleum or oily sources. 40 C.F.R. § 437.2(p).
ORGANIC WASTES. Wastes and/or used materials that contain organic pollutants, but not a significant quantity of oil and grease (generally less than 100 mg/L) from manufacturing or processing facilities or other commercial operations. Examples of these wastes are landfill leachate, contaminated groundwater clean-up from non-petroleum sources, solvent-bearing wastes, off-specification organic product, still bottoms, byproduct glycols, wastewater from paint washes, wastewater from adhesives and/or epoxies, wastewater from chemical product operations, and tank clean-out from organic, non-petroleum sources. 40 C.F.R. § 437.2(f).
SEWAGE DISPOSAL SYSTEM. Septic tanks, wastewater holding tanks, seepage pits, cesspools, privies, composting toilets, interceptors or grease traps, portable sanitary units, and other equipment, facilities, or devices used to:
(a) Store;
(b) Treat;
(c) Make inoffensive: or
(d) Dispose of;
human excrement or liquid carrying wastes of a domestic nature. (327 IAC 7.1-2-36).
TREATMENT. Any method, technique, or process designed to change the physical, chemical or biological character or composition of any metal-bearing, oily, or organic wastes to neutralize such wastes; to render such wastes amenable to discharge; or to recover energy or recover metal, oil, or organic content from the wastes. Treatment does not include (a) the re-use of treated or untreated wastewater in place of potable or pure water in industrial processes such as the use of secondary POTW effluents as non-contact cooling water or storm water in place of process water or (b) the re-use of treated or untreated spent chemicals (such as pickle liquor) as treatment chemicals. 40 C.F.R. § 437.2(cc).
WASTEWATER.
(a) Human excreta, water, sludge, and sewage from the sewage disposal systems, retained contents of wastewater holding tanks, or portable sanitary units.
(b) Grease, fats, and retained wastes from grease traps or interceptors.
(c) Wastes carried in liquid from ordinary living processes.
(d) Incidental or accidental seepage from sewage disposal systems.
Grease, domestic septage, and a mixed load are all forms of WASTEWATER. (327 IAC 7.1-2-41).
(B) Permit fee.
(1) Any person, excluding municipal corporations, involved in the operation of a centralized waste treatment facility pursuant to 327 IAC 5-18-10, which incorporates 40 C.F.R. 437, or permitted by the Indiana Department of Environmental Management to store or treat wastewater from sewage disposal systems under the authority of 327 IAC 7.1, shall be required to pay an annual Hammond Environmental Monitoring Fee of $121,024 for calendar year 2016 for salary and fringe benefits, training (required under 29 C.F.R. § 1910.120), safety equipment, medical baseline physical, and mileage for a degreed engineer to monitor said facility, plant or company, for compliance with City of Hammond ordinances, and perform any other duties under the jurisdiction of the Hammond Department of Environmental Management.
(2) The annual environmental monitoring fee, in subsequent calendar years shall be determined by those personnel and fringe benefit, training, safety equipment, and medical baseline physical costs itemized as part of the Hammond Department of Environmental Management budget, which shall be submitted by the Hammond Department of Environmental Management to the Mayor and approved by the Hammond City Council for each subsequent budget period. In no case shall any proposed or budget salary or fringe benefit increase in any subsequent Annual Local Operation Permit Fee. be greater than the annual percentage increase awarded to other comparable employees in the Hammond Department of Environmental Management.
(3) The activities of the monitoring engineer may be conducted on the premises of the industrial facility, plant or equipment, which are subject to this section, but such monitoring shall be:
(a) Performed with or without a representative of the owner or operator of the industrial facility, plant or equipment.
(b) Performed only after the owner or operator has received verification that the monitoring engineer has received the training required under 29 C.F.R. § 1910.120, a baseline medical physical, and personal protective equipment necessary to perform his/her duties.
(c) In compliance with all reasonable facility policies and procedures, which do not conflict with governing Indiana law or federal law, relating to site security and safety. The person subject to the ordinance shall not adopt and/or alter its policies and procedures to preclude the inspector from carrying out the intent of this section.
(4) The annual monitoring fee established by this section shall be effective on January 1, 2016 or after its passage and approval by the Council, signing by the President thereof, approval by the Mayor and publication as required by law. If this section becomes effective after January 1, 2016 then the salary and fringe benefit portion of the fee shall be prorated accordingly. The training, safety equipment, medical baseline physical and mileage portion of the fee shall not be prorated.
(5) If any part or parts, section or subsection, sentence, clause, or phrase of this section, as now or later amended, for any reason is declared unconstitutional or invalid, the decision shall not affect the validity of the remaining portions of this section.
(Ord. 9347, passed 6-27-2016)
INDUSTRIAL FURNACES OR BOILERS THAT BURN HAZARDOUS WASTE
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALOHA. The Aerial Location of Hazardous Atmospheres software program as developed by the US-EPA Chemical Emergency Preparedness and Prevention Office and the National Oceanic and Atmospheric Administration, Hazardous Materials Response and Assessment Division.
HAZARDOUS WASTE. As defined in Title 40 C.F.R. part 261 or 329 I.A.C. § 3.1-6.
HDEM. The Hammond Department of Environmental Management.
IDEM. The Indiana Department of Environmental Management.
IDLH. The Immediately Dangerous to Life and Health concentrations for hazardous materials as established by the National Institute for Occupational Safety and Health.
INDUSTRIAL FURNACE OR BOILER. As defined in Title 40 C.F.R. part 260 or as adopted by reference in 329 I.A.C. §§ 3.1 through 4.1. INDUSTRIAL FURNACE OR BOILER shall also mean and include any fuel burning, fuel treatment, energy recovery, combustion, process, heat recovery, thermal treatment or incineration device with a rated heat input of 250,000 BTUs per hour or greater, that burns hazardous waste.
U.S. EPA. The United States Environmental Protection Agency.
(Prior Code, § 102.55) (Ord. 7676, passed 4-25-1994)
(A) No person or entity shall burn any hazardous waste in an industrial furnace or boiler within the city limits of the city unless:
(1) Within 24 months of the effective date of this subchapter, the facility accomplishes either:
(a) A test burn essentially similar to that conducted by Rhone-Poulenc Basic Chemicals Co. (RPBC) for their facility in Houston, Texas as described in the January 27, 1992 Test Burn Plan; or
(b) A trial burn essentially similar to that submitted by RPBC in its Part B application dated January 14, 1994, as same may be subsequently amended and approved by US-EPA and/or IDEM, and demonstrates a Destruction and Removal Efficiency (DRE) of not less than 99.9999% for carbon tetrachloride, or an alternative Principal Organic Hazardous Constituent (“POHC”) selected by the owner or operator of the facility, pursuant to either the test burn or the trial burn. The owner or operator of the facility shall prepare a report of the DRE demonstrated by the industrial furnace or boiler during such trial burn or test burn, a copy of which report shall be furnished to HDEM in a timely manner. All stack emissions test costs and DRE test costs shall be borne entirely by the owner or operator of the facility.
(2) Upon completion of the trial burn or test burn report for whichever test, division (A)(1)(a) or (A)(1)(b) of this section, is used to demonstrate a 99.9999% DRE for carbon tetrachloride, or an alternative Principal Organic Hazardous Constituent (“POHC”) selected by the owner or operator of the facility, the owner or operator of the facility shall establish facility operating conditions in a timely manner which are no less stringent than the operating conditions that were employed during the trial burn or test burn to demonstrate compliance with division (A)(1) of this section. The operating conditions will be maintained at all times during which the facility is engaged in the burning of hazardous waste, and shall include industrial furnace operating temperature, volumetric flow rate and excess industrial furnace oxygen all measured within the combustion unit, and the Hazardous Waste Feed Rate (in pounds per hour). The carbon monoxide concentrations (as measured at the exit of the electrostatic precipitators) cannot exceed 100 ppmv on an hourly rolling average basis continuously corrected to 7% oxygen and on a dry gas basis.
(3) In addition, the owner or operator of the facility shall establish a maximum hazardous waste feed rate (in pounds per hour) for the feed to the industrial furnace or boiler corresponding to the maximum hazardous waste feed rate that was used during the trial burn or test burn to demonstrate a DRE of not less than 99.9999% for the selected POHC.
(4) No hazardous waste may be burned in the industrial furnace or boiler that contains greater than 100 ppm of the organic hazardous constituents which have an individual heat of combustion lower than that of the POHC that was used for the purpose of demonstrating a DRE of 99.9999% during the initial or any subsequent trial burn or test burn.
(5) The owner or operator of the facility shall periodically conduct a trial burn as required by its RCRA Permit to demonstrate compliance with RCRA regulations. Concurrently with this trial burn, but with a frequency of at least once every 5 years, the owner or operator will repeat the trial burn or test burn referenced in division (A)(1) of this section as necessary to demonstrate that it continues to achieve a DRE of 99.9999% for carbon tetrachloride, or an alternative POHC selected by the owner or operator of the facility. Upon completion of this periodic repeat of the trial burn or test burn, the owner or operator of the facility shall update the facility operating conditions, maximum hazardous waste feed rate, and allowable POHC’s as described above for the initial trial burn or test burn.
(6) Within 3 months of the effective date of this subchapter, the owner or operator of the facility shall establish, with the Director of HDEM, a reasonable schedule for the purchase and installation of a remote display of key operating conditions for the industrial furnace or boiler on a monitor to be located in HDEM’s office. The monitor shall display, on a “real time” basis, the operating conditions referenced in division (A)(2) of this section, as well as the hazardous waste feed rate, sulfur dioxide concentration at the blower of the industrial furnace or boiler, the concentration of total unburned hydrocarbons at the exit of the stack from the industrial furnace or boiler, the pressure measured at the industrial furnace, the total acid feed rate to the industrial furnace and the total sulfur feed rate to the industrial furnace. The remote display monitor, including all attendant hardware, software and equipment, shall be purchased, and installed, at the sole expense of the owner or operator.
(7) The owner or operator of the facility shall provide sufficient funds to HDEM on an annual basis to cover the cost of routine maintenance and repairs of the remote monitoring system described in division (A)(6) of this section, as well as provide sufficient funds to cover the cost of routine operating, maintenance and repair costs for the van and air monitoring equipment described in Section 5.2, paragraph f of “
(B) The owner or operator of the facility shall comply with all applicable testing requirements and emissions limits for metals as established by U.S. EPA.
(Prior Code, § 102.56) (Ord. 7676, passed 4-25-1994)
The owner or operator of an industrial furnace or boiler utilized for the burning of hazardous waste shall:
(A) Perform a muiti-pathway risk assessment or such risk assessment as required by U.S. EPA, pursuant to the requirements of and within time limits established by the U.S. EPA, utilizing a methodology approved for that purpose by the U.S. EPA and demonstrate that the lifetime risk of cancer to the maximum exposed individual (“MEI”) shall not be greater than 1 in 100,000 as a result of the intended operation of the industrial furnace or boiler when burning hazardous waste. For the purpose of the demonstration, the facility owner or operator shall provide sufficient funds to the city to cover the cost of an independent consultant, acceptable to the Director of the Hammond Department of Environmental Management, to review and interpret the results of the risk assessment at a total cost not to exceed $50,000.
(B) (1) Provide $10,000 per year to the city for their use in conducting a community health program, or other related activity, for the residents of the city at their discretion.
(2) This $10,000 shall be paid on or before July 1 of each calendar year that the industrial furnace or boiler is utilized for the burning of hazardous waste.
(3) These funds shall be administered by the Director of HDEM.
(Prior Code, § 102.57) (Ord. 7676, passed 4-25-1994)
(A) (1) The owner or operator of an industrial furnace or boiler utilized for the burning of hazardous waste shall establish procedures within 6 months of the effective date of this subchapter to ensure that each hazardous waste stream introduced into the facility shall be analyzed as follows.
(2) The initial hazardous waste stream certification samples shall be analyzed utilizing Gas Chromatography and Mass Spectroscopy (GCMS) methods to determine whether any of the organic compounds listed in Tables I and II of this section are present in the hazardous waste stream at concentrations greater than 1% by weight, or a lesser percentage as required to demonstrate compliance with any of the restrictions placed on receipt of certain hazardous wastes pursuant to this chapter.
(3) The results of this analysis shall be submitted to HDEM along with a material profile data sheet at least 10 calendar days prior to the receipt of the first shipment of any new (not previously handled) hazardous waste stream into the facility.
(B) (1) The owner or operator shall also perform a GCMS analysis of the initial certification sample, or a recertification sample, of the existing hazardous waste streams, that are currently handled at the facility to determine whether any of the organic compounds listed in Tables I and II of this section are present in the certification or recertification sample for the hazardous waste stream at concentrations greater than 1% by weight, or a lesser percentage as required to demonstrate compliance with any of the restrictions placed on receipt of certain hazardous wastes pursuant to this chapter.
(2) The results of these analyses shall be submitted to HDEM along with a material profile data sheet within 10 calendar days following completion of the analyses.
(3) The owner or operator shall adopt the necessary procedures, complete the analysis of all existing hazardous waste stream certification samples or recertification samples and submit the data to HDEM within 12 months of the effective date of this subchapter.
(C) (1) Additionally, a Fourier Transform Infrared Spectroscopy (FTIR) analysis shall be performed on the initial certification sample and any subsequent shipments of a hazardous waste stream into the facility to determine whether there has been any substantial deviation in the constituents or the concentrations of constituents as compared to previous certifications and analyses performed on that material.
(2) The results of the FTIR analysis of the initial certification sample shall be submitted to HDEM with the other data in this section.
(D) (1) HDEM shall have the right to request that up to 20 of the organic compounds listed in Tables I and II of this section be replaced with 20 organic compounds of HDEM’s choosing, provided that the requested compounds can be readily identified and quantified via the subject GCMS methodology.
(2) Consent to this request shall not be unreasonably withheld by the owner or operator.
(E) (1) The owner or operator shall have the right to request of the Director of HDEM that any organic compound contained in Tables I and II of this section which can not be readily identified and quantified via the subject GCMS methodology be replaced with an organic compound mutually acceptable to HDEM and the owner or operator, provided that the replacement organic compound can be identified and quantified via the subject GCMS methodology.
(2) Consent to this request shall not be unreasonably withheld by HDEM.
(F) The following volatile organic compounds shall be analyzed via GCMS methods in accordance with the provisions of this section:
Table I
|
Table I
| |
Benzene | 1, 1, 1-Trichloroethane |
Bromodichloromethane | 1, 1, 2-Trichloroethane |
Bromoform | Trichloroethene |
Carbon tetrachloride | 1, 1, 2, 2-Dichlorodifluoromethane |
Tetrachloroethane | Chloromethane |
Chlorobenzene | Vinyl Chloride |
Chloroform | Bromomethane |
Dibromochloromethane | Chloroethane |
1, 2-Dichlorobenzene | Trichlorofluoromethane |
1, 3-Dichlorobenzene | 1, 1-Dichloroethene |
1, 4-Dichlorobenzene | Acetone |
1, 1-Dichloroethane | Carbon Disulfide |
1, 2-Dichloroethane | 1, 2-Dichloroethene |
1, 2-Dichloroethene | trans-1 ,2-2-Butanone |
Dichloroethene | Dibromomethane |
1, 2-Dichloropropane cis-1, 3-Dichloropropene | trans-1,3-4-Methyl-2-Pentanone 2-Hexanone |
Dichloropropene | Total Xylenes |
Ethylbenzene | Styrene |
Methylene Chloride | Tetrachloroethene Toluene |
(G) The following semi-volatile organic compounds shall be analyzed via GCMS methods in accordance with the provisions of this section:
Table II
|
Table II
| |
Benzyl alcohol | Acenaphthene |
Bis(2-chloroethyl)ether | Bis(2-chloroethoxy)methane |
Acenaphthylene | 2-Chlorophenol |
4-Chloro-3-methylphenol | 4-Chlorophenyl-phenyl-ether |
Dibenzofuran | 4-Dichlorophenol |
2, 4-Dimethylphenol | Diethyl phthalate |
Indeno (1, 2, 3-cd) pyrene | Hexachlorobutadiene |
Dimethyl phthalate | Hexachloroethane |
Isophorone | 2, 4-Dinitrophenol |
2-Methylnaphthalene | 2, 4-Dinitrotoluen |
Naphthalene | 2, 6-Dinitrotoluene |
N-Nitroso-di-n-propylamine | Nitrobenzene |
Fluorene | Phenol |
2-Nitrophenol | Hexachlorocyclopentadiene |
Anthracene | 1, 2, 4-Tricholorobenzenzene |
2-Nitroaniline | 4-Bromophenyl phenyl ether |
Benzo(a)anthracene | 3-Nitroaniline |
Di-n-butyl phthalate | Bis (2-ethylexyl) phthalate |
4-Nitroaniline | 4, 6-Dinitro-2-methylphenol |
Butylbenzlphthalate | 4-Nitrophenol |
Fluoranthene | Chrysene |
2, 4, 6-Trichlorophenol | Hexachlorobenzene |
3, 3-Dichlorobenzidine | 2, 4, 5-Trichlorophenol |
N-Nitrosodiphenylamine | Pyrene |
Benzo(b)fluoranthene | Pentachlorophenol |
Benzo(k)fluoranthene | Phenathrene |
Benzo(g, h, i)perylene | Benzo(a)pyrene |
Dibenzo(a, h)anthracene | Di-n-octylphthalate |
(H) The owner or operator of the facility shall also analyze the initial hazardous waste certification or recertification sample, and all existing hazardous waste stream certification or recertification samples, for any listed P-codes, listed U-codes or future compound specific listed hazardous wastes that are restricted under the provisions of § 102.119 if these codes appear on the hazardous waste manifest or material profile data sheet prepared by the generator of the hazardous waste stream. The owner or operator shall perform the analyses required by this division (H) within the time frames delineated in divisions (A) and (B) of this section for new and existing hazardous waste streams, as appropriate.
(I) All hazardous waste sampling and analysis required pursuant to this section shall be done at the sole expense of the owner or operator.
(Prior Code, § 102.58) (Ord. 7676, passed 4-25-1994)
Loading...