(a) Wastewater Dischargers. It shall be unlawful to discharge sewage, industrial wastes, or other wastes to any sewer within the jurisdiction of the authority, or to the POTW without having first complied with the terms of this subchapter.
(b) Connection to Public Sewer; Inspection. The applicant for a sewer tap shall notify the Director of Public Works when the sewer tap is ready for inspection and connection to the public sewer. The connection shall be made by the applicant, under the supervision of the Director of Public Works or his representative.
(c) Discharge Permit. Each industrial discharger shall not discharge to the City's sanitary sewer system until it has received a discharge permit. In order to receive a discharge permit, the industrial discharger must file a permit application form.
(d) Individual Wastewater Discharge Permit Decisions. Authorized or Duly Authorized Representative of the City of Harrison, Ohio will evaluate the data furnished by the User and may require additional information. Within Forty-Five (45) days of receipt of a complete permit application, the Authorized or Duly Authorized Representative of the City of Harrison, Ohio will determine whether to issue an individual wastewater discharge permit. Authorized or Duly Authorized Representative of the City of Harrison, Ohio may deny any application for an individual wastewater discharge permit.
(e) Wastewater Discharge Data Disclosure.
(1) Wastewater Discharge Data Disclosure is the Baseline Monitoring Report for categorical industrial users.
(2) General disclosure. All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes, and other wastes to the POTW shall comply with all terms of this subchapter within 90 days after the effective date of this subchapter.
(3) Disclosure forms.
A. Industrial dischargers shall complete and file with the authority a disclosure declaration in the form prescribed by the authority, and accompanied by the appropriate fee. Existing industrial dischargers shall file disclosure forms within 30 days after the effective date of this subchapter, and proposed new dischargers shall file disclosure forms at least 90 days prior to connecting to the POTW. The disclosure to be made by the discharger shall be made on written forms provided by the authority and shall cover the following:
1. Disclosure of the name, address, and location of the discharger.
2. Disclosure of Standard Industrial Classification (SIC) number according to the "Standard Industrial Classification" manual, Bureau of the Budget, 1972, as amended or North American Industry Classification System (NAICS) code, 2007, as amended.
3. Disclosure of wastewater constituents and characteristics including, but not limited to, those mentioned in this subchapter, including Appendices A and B, and Cas appropriate, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended.
4. Disclosure of time and duration of discharges.
5. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly, and seasonal variation, if any. All flows shall be measured unless other verifiable techniques are approved by the authority 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 sewers or works of the authority.
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 with this subchapter is being achieved on a consistent basis and if not, whether additional operation and maintenance activities or additional pretreatment is required for the discharger to comply with this subchapter.
9. Where additional pretreatment or operation and maintenance activities will be required to comply with this subchapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide the additional pretreatment or implementation of additional operational and maintenance activities.
a. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this subchapter including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this subchapter.
b. Under no circumstance shall the authority permit a time increment for any single step directed toward compliance which exceeds nine months.
c. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the authority, including no less than a statement as to whether or not it complied with the increment of progress represented by that 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 discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between the progress reports to the authority.
10. Disclosure of each product produced by type, amount, process, or processes and rate of production.
11. Disclosure of the type and amount of raw materials utilized (average and maximum per day).
13. All sewers shall have an inspection and sampling manhole or structure with an opening of no less than 24 inches in diameter and an internal diameter of no less than 36 inches containing flow measuring, recording, and sampling equipment as required by the authority to assure compliance with this subchapter.
B. The authority will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the authority shall notify the discharger of the authority's acceptance thereof.
(4) Standards modification. The authority reserves the right to amend this subchapter and the terms and conditions hereof in order to assure compliance by the authority with applicable laws and regulations. The discharger shall be informed of any proposed changes in the subchapter at least 30 days prior to the effective date of change. Any changes or new conditions in the subchapter shall include a reasonable time schedule for compliance.
(f) Reporting Requirements for Discharger.
(1) Compliance date report. Within 90 days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this subchapter or 90 days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to this subchapter shall submit to the authority a report
indicating the nature and concentration of all prohibited or regulated substances contained in 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 O & M 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.
(2) Periodic compliance reports.
A. Any discharger subject to a pretreatment standard set forth in this subchapter, after the compliance date of the pretreatment standard, or, in the case of a new source discharger, after commencement of the discharge to the authority, 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 effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in division (e)(l) above. Flows shall be reported on the basis of actual measurement, provided, however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. 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 the reports on months other than those specified above.
B. 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 applicable Wastewater Discharge Permit. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluent for Priority Pollutants," April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA
C. Any discharger subject to the provisions of 935.23(b)(4)C. shall submit to the authority during the months of June and December, unless required more frequently, as report indicating compliance with the BMPs.
(g) Monitoring Facilities.
(1) Each discharger shall provide and operate at the discharger's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the authority. Each monitoring facility shall be situated on the discharger's premises, except where such a location would be impractical or cause undue hardship on the discharger, the authority may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near the sampling 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 discharger.
(2) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of the permit by the discharger.
(3) If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by Authorized or Duly Authorized Representatives of the City of Harrison, Ohio using the procedures prescribed in this ordinance, the results of this monitoring shall be included in the report.
(h) Right of Entry: Inspection and Sampling.
(1) Shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this ordinance and any individual wastewater discharge permit or orders issued hereunder. Users shall allow the Authorized or Duly Authorized Representative of the City of Harrison, Ohio ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
A. Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Authorized or Duly Authorized Representative of the City of Harrison, Ohio shall be permitted to enter without delay for the purposes of performing specific responsibilities.
B. Authorized or Duly Authorized Representative of the City of Harrison, Ohio shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.
C. Authorized or Duly Authorized Representative of the City of Harrison, Ohio may require the User to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of Authorized or Duly Authorized Representative of the City of Harrison, Ohio and shall not be replaced. The costs of clearing such access shall be born by the User.
E. Unreasonable delays in allowing Authorized or Duly Authorized Representative of the City of Harrison, Ohio access to the User's premises shall be a violation of this ordinance.
F. City of Harrison shall consider situations when the monitoring facility is constructed in the public right-of-way or easement, in an unobstructed location. The monitoring facilities should be provided in accordance with the Authorized or Duly Authorized Representative of the City of Harrison, Ohio to perform independent monitoring activities.
(2) Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
A. Except as indicated in subsections (h)(2)A. and B. below, the discharger must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the authority. Where time-proportional composite sampling or grab sampling is authorized by the authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for 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. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the authority, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support 935.25(e)(1), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic com pounds for facilities for which historical sam piing data do not exist; for facilities for which historical sampling data are available, the authority may authorize a lower minimum. For the reports required by 935.25(e)(2), the discharger is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(3) If a violation is detected through sampling and analysis conducted by the authority in lieu of the industrial discharger, the authority shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the discharger of the violation and requires the discharger to perform the repeat sampling and analysis.
(i) Confidential Information.
(1) Information and data furnished to the authority with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the authority that the release of the information would divulge information, processes, or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
(2) 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 subchapter, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit, or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report.
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 or to the general public by the authority until and unless a ten-day notification is given to the discharger.
(j) Certification Statements. Certification of permit applications, discharger reports and initial monitoring waiver - the following certification statement is required to be signed and submitted by dischargers submitting permit applications in accordance with 935.25(c) and dischargers submitting periodic compliance reports required by 935.25(e)(2). The following certification statement must be signed by an authorized representative as defined in 935.22:
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 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.
(Ord. 7-19. Passed 2-19-19.)