(a) Wastewater Analysis.
(1) When requested by the Coordinator, a User must submit information on the nature and characteristics of its wastewater within 45 days of the request. The Coordinator is authorized to prepare a form for this purpose and may periodically require Users to update this information.
(2) When a Indirect Discharge Permit (IDP) is issued in accordance with this chapter, the applicant shall be subject to a monthly sampling schedule for a three month period. The analytical results of the sample will dictate the frequency of future self-monitoring.
(b) Wastewater Discharge Permitting Process.
(1) Industrial Waste Questionnaire. All Industrial Users proposing to connect or discharge to the POTW must first complete an industrial waste questionnaire. The Coordinator is authorized to prepare a form for this purpose. The form must be completed by the Industrial Users at least 90 days prior to connecting or discharging to the POTW. No Industrial User shall discharge wastewater into the sanitary sewer system without first obtaining written authorization from the Coordinator. The Coordinator will review the Industrial User's questionnaire and determine if the wastewater can discharged into the sanitary sewer and that the wastewater will not be in violation of this chapter. The Coordinator may request additional data (such as a wastewater analysis as described in subsection (a) hereof or a facility inspection in order to fully ascertain the potential wastewater concerns from an Industrial User. Industrial Users with the potential to generate wastewater containing pollutants of concern or Industrial User wastewaters with the potential to cause pass through, upset, or interference at the POTW treatment facility will be required to have an Industrial Wastewater Discharge Permit (commonly referred to as Indirect Discharge Permit - IDP or Industrial User Permit - IUP) as described herein.
(2) Indirect Discharge Permit (IDP) Application. As determined by the Coordinator, any Industrial User required to obtain an IDP must obtain such permit prior to discharging into the POTW. An application for the IDP must be filed by the Industrial User at least 45 days prior to the date upon which any discharge will begin. The Coordinator is authorized to prepare an application form for this purpose. Upon completion of the IDP application by the Industrial User and payment of associated application fees, the Coordinator will review the Industrial User's application and determine if the wastewater can discharged into the sanitary sewer and that the wastewater will not be in violation of this chapter. Once the Coordinator is satisfied that the wastewaters discharged into the sanitary sewer will not be in violation of this chapter, the Coordinator shall issue an IDP to the Industrial User. If the Coordinator determines an IDP is necessary, any user already connected to or discharging to the POTW shall either obtain a discharge permit within 60 days of being notified or shall cease discharge to the POTW. The Coordinator may deny any application for an IDP.
(3) Contents of the Industrial Waste Questionnaire and IDP application. These forms will identify information as deemed necessary by the Coordinator including facility information, manufacturing/production processes, contact information, description of operations, types and amounts of wastes/byproducts generated, water use, types of chemicals in use at the facility, requests for site, utility, floor, and plumbing plans, and other pertinent data.
(c) Indirect Discharge Permit (IDP).
(1) Indirect Discharge Permit (IDP). As determined by the Coordinator, any Industrial User required to obtain an IDP must obtain such permit prior to discharging into the POTW. An application for the IDP must be filed by the Industrial User at least 45 days prior to the date upon which any discharge will begin. The Coordinator is authorized to prepare an application form for this purpose. Upon completion of the IDP application by the Industrial User and payment of associated application fees, the Coordinator will review the Industrial User's application and determine if the wastewater can discharged into the sanitary sewer and that the wastewater will not be in violation of this ordinance. Once the Coordinator is satisfied that the wastewaters discharged into the sanitary sewer will not be in violation of this ordinance, the Coordinator shall issue an IDP to the Industrial User.
(2) Any violation of the terms and conditions of an IDP shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in this ordinance. Obtaining an IDP does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local law.
(3) Permit modifications.
A. 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 Coordinator, whichever is sooner.
B. In addition, the user with an existing discharge permit shall submit a revised discharge permit application within ninety days after promulgation of an applicable categorical pretreatment standard or within thirty days of the completion of any modification or addition to its facility. Failure to advise the Coordinator of such a modification or addition will result in administrative fines as defined in Section 933.07.
(4) The Village reserves the right to revoke or revise and reissue discharge permits at any time as may be necessary to ensure the POTW's consistent compliance with its NPDES permit.
(5) Permit conditions. Discharge permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, as well as user charges and fees established by the Village. Permits may contain, but need not be limited to, the following:
A. Details of the National Pretreatment Program.
B. Limits for wastewater constituents and characteristics based on applicable general pretreatment standards in 40 CFR Part 403 and OAC Chapter 3745, categorical standards, local limitations and state and local laws.
C. Monitoring and reporting requirements.
D. General requirements of the pretreatment program including: sampling facilities, pretreatment facilities, flow monitoring, spill prevention and control plan, and records retention.
E. General conditions of the pretreatment program including: definitions, right of entry, records availability, discharge variations, permit modifications/revocation/ reapplication, compliance schedule, charges and fees, civil and criminal liability and signatory requirements.
F. Requirements for notification when any new wastewater constituents are discharged or any substantial change occurs in the volume or character of the wastewater constituents or flow being discharged into the POTW.
G. Any other conditions deemed appropriate by the Coordinator to ensure compliance with this chapter.
(6) 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 re-issuance by submitting a complete permit application a minimum of 180 days prior to the expiration of the existing permit. The terms and conditions of the permit may be subject to modification or revocation by the Village during the term of the permit if limitations or requirements identified below are modified or if just cause exists. The user shall be informed of any proposed changes in its 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.
(7) 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. The existing owner shall notify the Coordinator in writing at least 60 days prior to any such change. Any new or succeeding owner or user shall complete and submit a new permit application at least 30 days prior to taking over ownership of the facility. The existing and succeeding owner shall also submit to the Coordinator an agreed upon date upon which the new user will accept all responsibility for the facility's wastewater discharge. The new owner's discharge will be governed by the previous owner's permit until a new permit is approved by the Village.
(d) Commercial Wastewater Indirect Discharge Permit.
(1) Applicability. A Wastewater Discharge Permit shall be applied for and. obtained by any Commercial User which the Coordinator places in the Industrial class of users for the purpose of regulating that facilities discharge. The permit shall be applied for on forms issued by the Coordinator. The contents and regulations of this type of permit shall be the same as the industrial permit and shall strive to regulate specific concerns the Coordinator may have regarding the facility or specific sources of pollution which the facility is or may be expected to generate.
(e) Signatories and Certifications.
(1) All wastewater discharge permit applications, User reports, official correspondence and certification statements must be signed by an Authorized or Duly Authorized representative of a user and contain the certification statement.
(2) If the designation of an Authorized or Duly Authorized representative of a user is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Coordinator prior to or together with any reports to be signed by an Authorized or Duly Authorized representative of a user.
(3) A facility determined to be a Non Significant Categorical Industrial User by the Superintendent pursuant to 933.04(d)(48) must annually submit the signed certification statement.
(f) Reporting, Monitoring, and Inspection Requirements.
(1) Self Monitoring Reports.
A. As defined in Section 933.03, Self Monitoring is the process in which an Industrial User acquires the services of a laboratory using federally approved sampling techniques to take samples of its wastewater at a designated sampling manhole or to a sampling site per discharge permit. The laboratory is then responsible for analyzing this sample to determine if the user is in compliance with the local limits imposed on the pollutants in its wastewater. A listing of these pollutants and their associated local limits is included as a part of the approved Wastewater Discharge Permit. The results of this process are to be recorded by the laboratory on the Industrial Self Monitoring Surveillance Report Form obtained from the Pretreatment Coordinator. When required by the Coordinator, flow rates shall also be monitored and an average flow value shall be recorded. The report is to be submitted to both the Village Administrator and the Coordinator by the 22nd of the month in which it is due. The frequency in which Self Monitoring samples are required is determined by the Coordinator for each individual user. The samples may be required daily, weekly, monthly, quarterly, semi-annually, annually, or not at all. This decision is made based upon the processes and materials used at the facility and its ability to comply with all regulations of the pretreatment program. It may also be affected by an industry's past discharge history or if the Coordinator judges that it has the potential to violate any portion of the program. The Village of Hebron reserves the right to contract with a Laboratory to do all the self monitoring for users on its system should the best interest of the Village, User and Public be better served. Costs for such services will be drawn as required by the fee schedule.
B. Exceeding the limits placed on the pollutants sampled under the self monitoring portion of the program will result in fines according to the Enforcement Response Plan document defined in this Ordinance.
C. Failure to submit a self monitoring report by the 22nd day of the month in which it is due shall result in a fine according to the Enforcement Response Plan. An Industrial User which fails to meet this deadline will receive notification of its fine and will be made aware that more severe fines and enforcement actions will be issued if the report is not received within two (2) weeks of the written notification.
D. When conducting self monitoring reports, laboratories shall use sampling and analysis procedures that strictly follow the methods and procedures of 40 CFR Part 136. The Village has set forth methods in which the limits are based and are listed on the report form. Also chain of custody forms shall be submitted with all self monitoring reports.
E. Industrial Users shall maintain copies of the results of these reports on site for a period of at least three (3) years along with response letters sent by the Coordinator listing any violations and corresponding enforcement actions.
(2) Control Authority Reports.
A. In addition to self monitoring requirements, all Industrial Users are subject to Control Authority sampling. The same pollutants that are self monitored are sampled by the Village's laboratory in this process using the same methods and procedures as is required for self monitoring. An average flow value shall also be recorded. This report is conducted a minimum of once a year for every Industrial User. The Coordinator has the authority to conduct additional control authority samplings on a particular industry if he feels the necessity or agrees with requests from the Administrator or Superintendent to do so. There are two reasons behind this brand of sampling. First, it provides the Village with a tool to check against the testing procedures and results of laboratories which are scheduled on a pre-planned basis for self monitoring purposes. Second, it gives the Village the means to search out and identify possible sources of pollution which may be causing interference or pass through at the wastewater plant.
B. A copy of the Control Authority's results of a particular industry's sampling shall be sent to that industry and a notification of any violations of discharge shall be sent by the Coordinator. These documents shall be kept on file for a period of at least three (3) years and longer is necessary.
(3) 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 Coordinator 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 non-regulated 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, environmental firm or specialist.
(4) Monitoring Facilities.
A. The Village requires all Industrial Users to provide and maintain at its own expense a sampling manhole to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. This monitoring facility should normally be situated on the user's premises, but the Village 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 and around the sampling manhole or facility to allow for accurate sampling and preparation of samples for analysis. The sampling manhole shall have an opening of no less than 24 inches in diameter and an internal diameter of no less than 48 inches. There should be a smooth flowing invert as to not retain or pool the discharge. The maintenance of the manhole is the responsibility of the user.
B. Whether constructed on public or private property, any sampling and monitoring facilities shall be provided in accordance with the Village's requirements and all applicable local construction standards and specifications.
(5) Inspection.
A. The Village shall inspect the facilities of all Industrial Users to ascertain whether the objectives of this ordinance are being met and to determine noncompliance with any applicable pretreatment standards and requirements. Every industry will be inspected at least once per year. Significant Industrial Users and industries on a monthly self monitoring frequency are subject to multiple inspections within the span of a year as is any other industry that the Coordinator determines necessary to inspect. Persons or occupants of premises where wastewater is created or discharged to the POTW shall allow the Village or its representative full access to any portion of the facility at any time during normal working hours of operation for the purposes of inspecting, monitoring, sampling, records examination, or any other duty required to determine if all aspects of this ordinance are being complied with.
B. The Village 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.
C. 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 so that upon presentation of suitable identification, personnel from the Village will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(g) Pretreatment. Users shall provide the 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 standards at the commencement of discharge. Any facilities required to pretreat wastewater to a level acceptable to the Village 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 Village and the Ohio EPA on forms specified by Ohio EPA and/or the Village for review and shall be approved by the Village Engineer and the Ohio EPA before construction of the facility. The approval 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 Village 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 Village prior to the user's initiation of the changes. Industrial Users shall operate their pretreatment facilities at all times and all bypasses of these facilities are prohibited. Industrial Users are subject to the penalties in this chapter unless the provisions mentioned herein for anticipated bypasses are met.
(h) Confidential Information. Information and data on a user obtained from reports, questionnaires, permit applications, and inspecting shall be available to the public or any governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Village 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 ordinance, the NPDES permit, state disposal system permits and/or the pretreatment program. Such portions of a report shall be available for use by the State, any State agency and the USEPA 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."
(i) Industrial Records Retention. All users subject to this chapter shall retain and preserve, for not less than three years, all records, books, documents, memoranda, reports, correspondence and any other summaries thereof, relating to monitoring, sampling and chemical analysis made by or on the behalf of a user in connection with its wastewater discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the Village pursuant to this ordinance 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.
(j) Split Sampling.
(1) Split Sampling is the process in which a user requests that more than one laboratory analyze the same sample for either Self Monitoring or Control Authority Reports. All split sampling is done at the user's expense.
(2) If a user requests a split sample of a Control Authority sample subsection (f) hereof by the Village's laboratory, prior notice must be given to the Coordinator so the Village's laboratory can give the user's laboratory of choice 48 hours notice prior to the sampling being collected.
(3) Regardless of whether the split sampling is requested for a Control Authority or a Self-Monitoring Report, the Village's process is as follows:
A. Any and all laboratories involved in the split sampling must be present at the collection time of the samples.
B. The samples which are collected must be taken immediately to the Village of Hebron Wastewater Treatment Plant.
C. All split sampling shall be done at the WWTP in front of a duly authorized representative/employee of the WWTP using best laboratory practices and analyzed as defined in 40 CFR 136.
D. Laboratories involved in the split sampling may then analyze their samples at their respective locations.
E. All results must be submitted to the Coordinator within a designated time frame agreed upon at the WWTP during the splitting.
F. The average value of all results returned to the Coordinator shall stand as the result which shall be recorded.
(4) Only if these steps are followed will the Coordinator deem the split sample acceptable and its results official.
(Ord. 05-16. Passed 4-27-16.)