(a) Signatory Requirements. All monitoring, compliance or pretreatment reports, permit applications or modification, and all official correspondence between the user and the City or its authorized representative must be signed by an authorized representative of the user as defined in Section 933.02.
(b) Wastewater Discharges. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City except for storm water discharges or discharges in compliance with an NPDES permit issued by the State and/or to the POTW, any wastewater except as authorized by the Utilities Director in accordance with the provisions of this chapter.
(c) Discharge Permits.
(1) Applicability. No person shall discharge industrial waste, either directly or indirectly, into the City sanitary sewer system without first obtaining an individual wastewater discharge permit, after the Utilities Director has ascertained that the discharge of waste in the particular instance is not in violation of this chapter and the discharge shall receive satisfactory pretreatment as may be required by the City.
All significant industrial users proposing to connect to or to discharge to the POTW shall obtain a discharge permit and shall have obtained a permit to install from Ohio EPA and/or from the City of Heath before connecting to or discharging to the POTW. All users already connected to or discharging to the POTW shall either obtain a discharge permit within 180 days of being notified that they are a significant industrial user or shall cease discharge to the POTW.
(2) Permit application. Users required to obtain a discharge permit shall complete and file with the City, an application in the form prescribed by the City, and accompanied by the fee set forth in the City’s schedule of charges and fees. Existing users shall apply for a discharge permit within thirty days after the Utilities Director notifies them that a discharge permit may be required, and proposed new users or existing users which become industrial users following promulgation of categorical pretreatment standards shall apply and shall have a permit to install issued by the Ohio EPA and/or by the City of Heath at least ninety days prior to connecting to or discharging to the POTW. In support of the application, within 90 days of being notified, the user shall either complete and submit a nonresidential wastewater survey provided by the City or else submit, in units and terms appropriate for evaluating, the following information:
(Ord. 31-2020. Passed 5-18-20.)
A. Name, address and location (if different from the address);
B. SIC code according to the Standard Industrial Classification Manual, as amended, for both the industry as a whole and any process for which categorical pretreatment standards have been promulgated;
C. Wastewater constituents and characteristics including but not limited to toxic pollutants as defined pursuant to Section 307 of the Act as determined by a certified analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by USEPA and contained in 40 CFR Part 136, as amended and must at a minimum, conform to baseline monitoring requirements at 40 CFR Part 403.12(b) for categorical industries. New industrial users shall provide an estimate of the constituents and characteristics and shall provide the results of wastewater analysis by a certified laboratory within ninety days of commencing discharge;
D. Time and duration of contribution;
E. Average daily and thirty minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
F. Site plans, floor plans, mechanical and plumbing plans and details to show all sewer, sewer connections and appurtenances by the size, location and elevation;
G. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged (including materials in storage);
H. Description of the pretreatment methods, equipment or facilities the user intends to use;
I. The nature and concentration of any pollutants in the discharge which are limited by any applicable City, State or national pretreatment standards and requirements, 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 and/or additional pretreatment is required for the user to meet applicable pretreatment standards. In no case will a new industrial user be allowed to discharge until all applicable pretreatment standards and requirements are met;
J. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest 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 or three years after the effective date of the regulation promulgating the standard, whichever is sooner.
The following conditions shall apply to this schedule:
1. The 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 applicable pretreatment standards (for example, hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.);
2. No increment referred to in subsection (c)(2)J.1. hereof shall exceed nine months.
3. No later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Utilities Director 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 reasons for delay, and the steps being taken by the user to return to the schedule established;
K. Each product produced by type, amount, process or processes and rate of production;
L. Type and amount of raw materials processed (average and maximum per day);
M. Number and types of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
N. Site plan indicating the location of existing or proposed sample collection stations;
O. Information on the flow and character of unregulated and/or dilution discharges sufficient to allow computation of discharge limits using the combined waste stream formula;
P. Any other information deemed by the City to be necessary to evaluate the permit application.
Q. All plans required in support of the application must be certified for accuracy by a state registered professional engineer.
R. The permit application shall be signed by an authorized representative of the user and shall include 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 ensure 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.”
S. The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a discharge permit subject to terms and conditions provided herein.
(3) Permit modifications. Within six months of the promulgation of a categorical pretreatment standard, the discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. Where a user was not previously subject to a categorical pretreatment standard, and has not previously submitted an application for a discharge permit as required above, the user shall apply for a discharge permit within ninety days after promulgation of the applicable categorical pretreatment standards or within thirty days of notification by the Utilities Director whichever is sooner.
In addition, the user with an existing discharge permit shall submit to the Utilities Director within ninety days after promulgation of an applicable categorical pretreatment standard or within thirty days of notification by the Utilities Director whichever is sooner, the information required by subsection (c)(2)H. through J.
The City reserves the right to modify, revise or revoke and reissue discharge permits at such other times as may be necessary to ensure the POTW's consistent compliance with its NPDES permit.
(4) Permit conditions. Discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, as well as, user charges and fees established by the City. Permits may contain, but need not be limited to, the following:
A. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system;
B. Limits on the average and maximum wastewater constituents and characteristics based on applicable general pretreatment standards in 40 CFR Part 403, categorical standards, local limitations and state and local laws;
C. Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
D. Requirements for identification, installation and maintenance of inspection and sampling facilities;
E. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
F. Compliance schedules satisfying the conditions of "Permit Application", subsection (c)(2)J. hereof;
G. Requirements for submission of technical reports or discharge reports;
H. Requirements for maintaining and retaining plant records relating to wastewater discharges;
I. Requirements for notification when any new wastewater constituents are discharged or any substantial change occurs in the volume or character of the wastewater constituents being discharged into the POTW;
J. Requirements of notification of slug discharges, operation upsets and accidental discharges;
K. A statement of applicable administrative, civil and criminal penalties for violation of pretreatment standards and requirements;
L. A severability clause stating that if any part of the permit is invalidated by any court of competent jurisdiction or by changes in federal or state regulations, the remaining permit provisions shall not be affected and shall continue in full force;
M. Other conditions deemed appropriate by the Utilities Director to ensure compliance with this chapter.
(5) Discharge permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date.
The user shall apply for permit reissuance by submitting a complete permit application a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification or revocation by the City during the term of the permit as limitations or requirements identified below are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(6) Permit transfer. Discharge permits are issued to a specific user for a specific operation. A discharge permit shall not be reassigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. The new owner shall notify the Utilities Director at least thirty days prior to the change of ownership. Any new or succeeding owner or user shall also comply with the terms and conditions of the existing permit until he has submitted a complete permit application and been issued a new discharge permit.
(d) Reporting Requirements for Permittee and Monitoring and Inspection.
(1) Compliance date report. Within ninety days following the date for final compliance with applicable pretreatment standards or in the case of a new source, following commencement of the discharge of wastewater into the POTW, significant industrial users shall submit to the Utilities Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process(es) which are limited by pretreatment standards, and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards.
In addition the report shall contain sufficient information on the flow and constituents of nonregulated and/or dilution discharges to allow the use of the combined waste stream formula. All sampling and analysis shall be undertaken in accordance with the procedures established by USEPA at 40 CFR Part 136.
This report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall contain the same certification statement as the discharge permit application, be signed by an authorized representative of the user, and certified by a qualified professional.
(2) Periodic compliance reports.
A. Any user subject to a categorical pretreatment standard, after the compliance date of such categorical pretreatment standard, or, in the case of a new source, after commencement of discharge into the POTW, shall submit to the Utilities Director semiannually, unless required more frequently in the categorical pretreatment standard or the user's discharge permit, a report indicating the nature and concentration of pollutants discharged from each regulated process(es) limited by the categorical pretreatment standard.
In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in the discharge permit application. These periodic compliance reports shall be due in the months of June and December and shall provide information for the preceding six-month period. At the Utilities Director's discretion, and in consideration of such factors as the local high or low flow rates, holidays, budget cycles, etc., the Director may agree to alter the months during which the periodic compliance reports are to be submitted.
B. For industrial users subject to equivalent mass or concentration limits established by the Utilities Director in accordance with the procedures above, these periodic compliance reports shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharged per unit of production or other measure of operation, the periodic compliance reports shall include the user's actual production during the appropriate sampling period. If an equivalent concentration limit has been calculated in accordance with a categorical pretreatment standard, this adjusted concentration limit shall also be submitted in these reports.
C. Any significant noncategorical industrial user discharging to the POTW shall submit to the Utilities Director at least once every six months (on dates specified by the Utilities Director in the individual user's discharge permit) a description of the nature, concentration and flow of the pollutants required to be reported by the industrial user's discharge permit.
D. The periodic compliance reports shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The frequency of sampling shall be prescribed in the industrial user's permit where applicable, or otherwise by the Utilities Director. This sampling and analysis may be conducted by the Utilities Director in lieu of the industrial user. If the Utilities Director has collected all the information required for the periodic compliance date report, the industrial user may not be required to submit the reports.
E. The frequency of sampling shall be prescribed in the user's discharge permit. All analyses shall be performed in accordance with procedures established in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by the Administrator.
Sampling shall be performed in accordance with techniques approved by the Utilities Director. 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 USEPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Utilities Director.
F. If the industrial user's sampling data indicate a violation, the user must:
1. Notify the Director within twenty-four hours of becoming aware of the violation; and
2. Repeat the sampling and analysis and submit both sets of test results within thirty days unless the City samples the user's discharge between the industrial self-monitoring and receipt of the analytical results which indicate a violation. The thirty-day period begins on the user's receipt of the original sampling results.
G. The results of any additional industrial self-monitoring, that is, monitoring not required by a categorical pretreatment standard or by the user's discharge permit, conducted during the monitoring/reporting period, and for which USEPA-approved procedures under 40 CFR Part 136 or approved alternatives were used, must accompany the periodic compliance reports.
H. All periodic compliance reports shall contain the certification statement required on the discharge permit application, and shall be signed by an authorized representative of the user.
(e) Monitoring Facilities. The City shall require to be provided and operated at the user's expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility 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 48 inches and shall contain such flow measuring, recording, and sampling equipment necessary to ensure compliance with this chapter. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the user's expense.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written notification by the City.
(f) Inspection and Sampling. The City shall inspect the facilities of any user to ascertain whether the objectives of this chapter are being met and to determine noncompliance with all applicable pretreatment standards and requirements. Each significant industrial user shall be inspected by the City at least once per year. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of their duties. The City and Ohio EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, compliance monitoring and/or metering operations.
Where the user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(g) Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this chapter and applicable pretreatment standards and requirements. Users shall achieve compliance with all categorical pretreatment standards within the time limitations specified by the categorical pretreatment standards or within three years of the effective date of the regulations, whichever is sooner. New sources must meet the limits at the commencement of discharge. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. A Permit to Install (PTI) application including detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City and the Ohio EPA on forms specified by Ohio EPA and/or the City for review and shall be acceptable to the City and the Ohio EPA before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.
Industrial users shall operate their wastewater treatment (pretreatment) facilities at all times. All bypasses of pretreatment facilities are prohibited, and all industrial users are subject to the penalties in this chapter unless the provisions above for anticipated bypasses are met.
(h) Confidential Information. Information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information, processes or methods of production is entitled to protection as trade secrets or proprietary information of the user.
When requested by the person furnishing a report, the portions of a report which might 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 chapter, the NPDES permit, state disposal system permit and/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 person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. The portions of a report for which confidentiality is requested shall be separately submitted and shall have each page marked "Trade Secret, Confidential".
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.
(i) Industrial Records Retention. All users subject to this chapter shall retain and preserve for not less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on the behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the City pursuant to this chapter shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(Ord. 106-94. Passed 10-3-94.)