(a) Prohibited Discharge into Sanitary Sewers. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any sanitary sewer.
(b) Storm Water and Unpolluted Drainage Discharge. Storm water and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, or to a natural outlet. Storm water discharged from industrial and other sites regulated under Section 402 of the Act shall obtain a storm water discharge permit within the time frames specified in 40 CFR Parts 122, 123 and 124. Industrial cooling water or unpolluted process waters may be discharged into a storm sewer, or natural outlet provided that an NPDES permit, if required, for such discharge, is obtained by the industry from the Ohio EPA prior to commencing the discharge.
(c) Prohibited Connection to Sanitary Sewer.
(1) No person, shall cause or permit a roof water downspout of any building or any other pipe or drain for rain water, storm water, surface water, groundwater, subsurface drainage, cooling water, or unpolluted industrial process waters to be connected directly into a sanitary sewer, or cause or permit any other physical condition whereby rain water, storm water, surface water, groundwater, subsurface drainage, cooling water, or unpolluted industrial process water is discharged directly into any sanitary sewer.
(2) Any connection of a roof water downspout of any building or of any other pipe or drain for rain water, storm water, surface water, groundwater, subsurface drainage, cooling water, or unpolluted industrial process water into a sanitary sewer or the existance of any other physical condition whereby rain water, storm water, surface water, groundwater, subsurface drainage, cooling water, or unpolluted industrial process water is discharged into any sanitary sewer, is hereby declared to be an illegal public nuisance. It shall be the duty of the Utilities Director to notify the owner of every building or premises where such nuisance exists to abate the same.
(3) When the public nuisance defined in subsection (c)(2) hereof exists on or about any building or premises, no owner thereof, after receipt of notice to abate such public nuisance or after otherwise acquiring knowledge of its existence, shall permit or allow such nuisance to exist for more than thirty days thereafter. It shall be the duty of every such owner to abate such nuisance within such thirty days by eliminating the connection or other physical condition causing such nuisance, and it shall be the further duty of such owner forthwith to cap and seal the hole or opening thereby caused or remaining in the sanitary sewer or pipe or drain leading therein so that fumes cannot be emitted therefrom and so that refuse and debris cannot enter into the sanitary sewer.
(4) From and after the effective date of this subsection, no person, firm or corporation shall in constructing a new building, cause or permit footer drains or foundation drains to be connected directly or indirectly into a sanitary sewer.
(d) Authority for Control of Wastewater Discharges. For any waters or wastes which are discharged or are proposed to be discharged which contain compatible or incompatible pollutants other than sanitary sewage and which may have a deleterious effect upon the sewage treatment works, processes, equipment, or receiving waters, including violation of applicable water quality standards, or which otherwise create a hazard to life or constitute a public nuisance, the Utilities Director shall:
(1) Reject the discharge of such wastes, or
(2) Require pretreatment and/or control of quantities and rates of discharge to an acceptable condition for discharge to the public sewers.
In addition, the Utilities Director may require surcharge payment to cover the added cost of handling, treating and disposing of the wastes.
(e) Discharge Prohibitions.
(1) Pass through and interference. No user shall discharge or cause to be discharged, directly or indirectly, any pollutants which by their nature or concentration will pass through or cause interference with the operation or performance of the POTW.
(2) Specific prohibitions. The discharge prohibitions apply to all users of the POTW regardless of whether or not the user is subject to categorical pretreatment standards or any other National, State, or Local standards or requirements. Under the discharge prohibitions, a user may not contribute the following substances to the POTW:
A. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances, to create a fire or explosion hazard or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the POTW (or at any point in the POTW) be more than ten percent (10%) of the Lower Explosive Limit (LEL) nor any single reading be more than fifteen percent (15%) of LEL. Prohibited materials include, but are not limited to, refined or unrefined petroleum products, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, percholorates, bromates, carbides, hydrides and sulfides. In no instance shall wastewater discharged have a closed cup flashpoint less than 140 degrees F. (60 degrees C.) as measured by the test methods specified in 40 CFR Part 261.21.
B. Any wastewater having a pH less than 6.5 or greater than 9.0 S.U., or wastewater having other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.
C. Solid or viscous substances in amounts which may cause obstruction to the flow in a sewer or other interference with the operation of wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stones, glass, straw, wood shavings, grass clippings, rags, spent grains, waste paper, wood, plastics, tar, asphalt residues, or mud.
D. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process; to result in the generation of toxic gases, vapors or fumes which may cause a POTW worker acute health and safety problems; to constitute a hazard to humans or animals; to create a toxic effect in the receiving watercourse of the POTW; or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited, to, any pollutant identified pursuant to Section 307(A) of the Act.
E. Any liquids, gases or solids which either singly or by interaction with other wastes result in toxic or malodorous gases, vapors, or fumes which are sufficient to create a public nuisance or hazard to life or are sufficient to cause a POTW worker acute health and safety problems or prevent entry into the sewers for maintenance and repair.
F. Any substances which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the SWDA, the Clean Air Act, the Toxic Substances Control Act, RCRA, or State criteria applicable to the sludge management method being used.
G. Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.
H. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
I. Any wastewater having a temperature which will inhibit biological activity in the Wastewater Treatment Plant resulting in interference, but in no case, wastewater with a temperature at the introduction into the Wastewater Treatment Plant which exceeds 40 degrees C (104 degrees F.).
J. Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentrations of pollutants that exceed for any time period longer than fifteen minutes more than five times the average twenty-four hour concentration, quantities or flow during normal operation.
K. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in applicable state or federal regulations.
L. Any wastewater which causes a hazard to human health or creates a public nuisance.
M. Any wastewater containing constituents exceeding the limitations established in this chapter. State and local requirements and discharge limitations shall be met by all users subject to such standards where these requirements and limitations are more stringent than federal requirements and limitations.
N. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts which cause interference or pass through.
O. Any trucked or hauled waste including, but not limited to, holding tank wastes, industrial, and septic wastes, into any location of the POTW at any time.
(3) Utilities Director responsibilities.
A. The Utilities Director shall establish additional or more stringent limitations on wastewater strength, or more stringent specific limitations and requirements on individual users where deemed necessary to comply with applicable pretreatment standards or the objectives of the chapter.
B. The Utilities Director shall notify, in writing, each regulated or potentially regulated user of the limitations or requirements. All limitations and requirements established by the Utilities Director shall be subject to the provisions of this chapter. In addition, the Utilities Director may issue specific orders to any user or may issue general orders to all or any group of users to require compliance with any requirements under this chapter, including applicable categorical pretreatment standards, other discharge limitations and reporting requirements.
C. When the Utilities Director determines that a user is in violation of any of the prohibitions enumerated above to such an extent as to interfere with the operation of the POTW or to pass through the POTW, the Utilities Director shall:
1. Advise the user of the impact of his discharge on the POTW;
2. Develop a compliance schedule for the user, if appropriate, to assure timely implementation of corrective actions;
3. Develop and issue a discharge permit containing effluent limitations and other requirements for such user to correct the interference or pass through.
Nothing above precludes the Utilities Director from exercising his enforcement authority as defined below or in any way relieves the user of his liability for any violation.
(f) Categorical Pretreatment Standards. Categorical pretreatment standards limiting the mass or concentration of pollutants discharged to the POTW shall be in addition to the general discharge prohibitions given above. Upon the promulgation of categorical pretreatment standards for a particular industrial subcategory, the categorical standard, if more stringent than limitations imposed in this chapter for users in that industrial subcategory, shall supersede the limitations imposed in this chapter. The Director shall notify all affected users of the applicable reporting requirements under 40 CFR Section 403.12.
(1) Existing sources shall comply with all applicable categorical pretreatment standards within three years of the standards' effective date unless a shorter compliance time is specified in the standard. Existing sources which become categorical industrial users after promulgation of an applicable pretreatment standard shall be considered existing industrial users except where those users meet the definition of new source.
(2) New sources shall install, have in operating condition, start-up and maintain all pollution control equipment necessary to meet applicable categorical pretreatment standards before beginning to discharge wastewater to the POTW. New sources shall comply with all applicable categorical pretreatment standards within the shortest feasible time, but not more than ninety days after the start of discharge.
(g) Modification of National Categorical Pretreatment Standards. Where the City's treatment works achieve consistent removal of pollutants limited by categorical pretreatment standards, the City may apply to the approval authority for modification of specific limits in the categorical pretreatment standards. Consistent removal shall mean reduction in the amount of a pollutant by the wastewater treatment plant to a less toxic or harmless state in the effluent as determined in accordance with the procedures set forth in 40 CFR Section 403.7(c)2. The City may then modify pollutant discharge limits in the categorical pretreatment standards if the requirements of 40 CFR Section 403.7 are fulfilled, and prior approval from the approval authority is obtained.
(1) The Utilities Director may convert limits of categorical pretreatment standards which are only expressed in terms of mass of pollutant per unit of production to equivalent limits expressed as mass of pollutant discharged per day, or effluent concentrations to calculate effluent limits applicable to individual users, provided the Utilities Director uses actual long-term production figures and actual long-term flow rates. Long-term production figures and actual long-term flow rates are only acceptable with a minimum of one complete representative production year. The equivalent calculated limits shall be deemed the categorical pretreatment standards, and applicable users shall be required to comply with these equivalent limits in lieu of the promulgated categorical pretreatment standards from which they were derived.
(2) Where categorical standards specify one limit for calculating maximum daily discharge limits and a second limit for maximum monthly average, or four-day average limits, the same production or flow figure shall be used to calculate both types of equivalent limits.
(3) Any industrial user which has equivalent mass or concentration effluent limits calculated from a production-based categorical pretreatment standard shall notify the Utilities Director within two business days after the user has reasonable basis to know that the production level will significantly change in the next calendar month. If a regulated user does not notify the Director of such anticipated change, the user shall meet the mass or concentration effluent limits that were calculated on the original estimate of the long-term average production rate.
(4) Where process wastewaters regulated by categorical pretreatment standards are mixed with other wastewaters prior to discharge, the Utilities Director may derive alternate discharge limits which shall apply to the combined wastewater in accordance with 40 CFR Part 403.6(e).
(h) State Requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this or any other applicable chapter.
(i) City's Right of Revision. The City reserves the right to establish by ordinance, or individual discharge permit, more stringent limitations or requirements on discharges to the treatment works if deemed necessary to comply with the objectives presented in Section 933.01.
(j) Dilution. No user shall ever increase the use of potable, service or process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in categorical pretreatment standards, this chapter, or any other pollutant-specific limitation developed by the City or State.
(k) Batch Discharges. Concentrations or quantities of pollutants and flow from Batch Discharges shall not exceed the limits established in the discharge permit. Where the user is not an SIU, the concentration or quantities of pollutants shall not exceed background domestic strength wastes.
(l) Accidental Discharge.
(1) Protection against accidental discharges required.
A. Each industrial and commercial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be approved by the City before construction of the facility.
B. No industrial or commercial user who commences discharging to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the POTW until accidental discharge facilities and operating procedures have been approved by the City. Review and approval of such plans and operation procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.
(2) Notification. In the case of an accidental discharge or slug load discharge of any material, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
Within five days following an accidental discharge, the user shall submit to the Utilities Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relive the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employee whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedures.
(3) Accidental discharge prevention plan. The Utilities Director may require submission of an accidental discharge (spill) prevention plan from any user and shall give special consideration to requiring such plans from users who have experienced one or more accidental discharges. The Utilities Director shall evaluate, at least once every two years, whether each SIU discharging to the POTW needs a plan to control accidental discharges and slugloads. If the Utilities Director determines that a plan is needed, the plan shall contain, at a minimum, the following elements:
A. Description of the discharge practices, including non-routine discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the POTW of slug and accidental discharges, including any discharge which would violate a prohibition under 40 CFR Part 403.5(b), and procedures for follow-up written notification within five days;
D. If necessary, procedures to prevent adverse impact from accidental or slug discharges, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic pollutants and/or measures and equipment for emergency response.
(m) Operating Upsets. Any user which experiences an upset in operations which places the user in a temporary state of noncompliance with this chapter shall inform the Utilities Director thereof within twenty-four hours of first awareness of the commencement of the upset. Where this information is given orally, a written follow-up report thereof shall be filed by the user with the City Utilities Director within five days. The report shall discuss the following:
(1) Description of the upset, the cause thereof, and the upset's impact on a user's compliance status.
(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset or other condition of noncompliance.
The report must also demonstrate that the facility was being operated in a prudent and workmanlike manner and was in compliance with applicable operation and maintenance procedures.
A documented and verified bona fide operation upset shall be an affirmative defense to any enforcement action brought by the City against a user for noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(n) Bypasses.
(1) Bypasses prohibited. No industrial user shall "bypass" or intentionally divert the waste stream from any portion of an industrial user's treatment facility unless:
A. Bypass is unavoidable to prevent loss of life, personal injury or severe property damage;
B. There are no feasible alternatives to the bypass, for example, use of auxiliary treatment facilities, retention of untreated waste, preventive 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 period of equipment downtime or preventive maintenance; and
C. The industrial user submitted the notices discussed below.
(2) Anticipated bypasses. The Utilities Director may only approve an anticipated bypass after considering its adverse effects, and if the Utilities Director determines:
A. The bypass will not cause violation of pretreatment standards or requirements or any provision of this chapter; and
B. The bypass is for essential maintenance to ensure the efficient operation of pretreatment facilities.
(3) Notification. If an industrial user knows in advance of the need for bypass, he shall submit a written notice to the Utilities Director at least ten days before the date of the bypass, and shall not permit the bypass without the Utilities Director's authorization.
If an industrial user experiences an unanticipated bypass which exceeds pretreatment standards or requirements, he shall verbally notify the Director within twenty-four hours from the time he becomes aware of the bypass, and shall submit within five days of verbal notification, a written report describing the bypass event, and its cause; the bypass duration, including exact times and dates; and if the bypass has not been corrected, the time it is expected to continue and measures taken to reduce, eliminate and prevent its recurrence. The Utilities Director may waive the written report if the verbal report is received within twenty-four hours.
(Ord. 106-94. Passed 10-3-94.)
(o) Grease and Oil Interceptors. For grease, oil and inorganic material such as sand, grit, etc., interceptors shall be provided when they are required by State health or building codes or when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amount, or sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Utilities Director, and shall be located as to be readily and easily accessible for cleaning and inspection.
Where installed, all interceptors shall be maintained by the owner, at his expense, in continuously efficient operation. The use of enzymes or emulsifying detergents for the cleaning of grease interceptors is not permitted. The use of bacteria injection systems is allowed at the discretion of the Utilities Director. In maintaining these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Utilities Director. The manifests generated by the disposal of captured material shall be submitted to the Utilities Director on a quarterly basis. These records shall be maintained for a period of at least three years. Any removal and hauling of the collected material must be performed by currently licensed waste disposal operators. Before beginning to discharge wastewater to the POTW, new sources shall install, have in operating condition, start up, and maintain all necessary grease and oil interceptors.
(p) Pollutant Limitations for Nonsignificant Industrial Users. Nonsignificant industrial users are required to obtain an individual wastewater discharge permit for effluent quality equal to normal domestic strength waste. Upon request, the Utilities Director may allow higher concentrations of BOD or SS for which an “extra-strength” surcharge is paid by the user.
(Ord. 31-2020. Passed 5-18-20.)
(q) Notification of Substantial Change. Users shall notify the Utilities Director a minimum of ten days prior to any substantial change in the volume or character of their discharge or introduction of any new constituents, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR Part 403.12(p).
(Ord. 106-94. Passed 10-3-94.)