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(A) Discharge permit. Persons who discharge incompatible pollutants or compatible pollutants to the public sanitary sewer in excess of the limits established in this chapter, or as amended, shall obtain a discharge permit in accordance with this chapter, and provide pretreatment of their discharge at their expense in accordance with this chapter. Persons who provide pretreatment shall obtain a discharge permit from the Director. Grease, oil, and sand traps required by the Director shall be installed at no expense to the village.
(B) Dilution. Attainment of allowed concentration shall not be achieved by increased use of process water or any other attempt to dilute as a partial, complete, or substitute for adequate treatment to achieve compliance with any provision of this chapter, unless expressly authorized by an applicable pretreatment standard or requirement.
(C) Incompatible pollutants.
(1) Persons discharging incompatible pollutants, other than those described in this chapter, which are strictly prohibited from being discharged into the sewerage system, shall reduce their incompatible pollutants to levels attainable through the application of the best practicable control technology currently available, as defined in § 304(b) of the Federal Water Pollution Act Amendments of 1972 (Pub. Law No. 92-550), being 33 U.S.C. § 1314(b), unless otherwise indicated in the discharge permit.
(2) If it is found by the Director that certain incompatible pollutants can be reliably removed by the treatment plant, the Director may enter into a contract with the person making the discharge for the purpose of treatment of the pollutants for a fee or extra strength surcharge and allow the discharge. This shall be so indicated in the discharge permit. This credit may be rescinded at any time. All persons discharging or proposing to discharge any toxic pollutant, as defined by § 307(a)(1) of the Federal Water Pollution Act, being 33 U.S.C. § 1317(a), shall apply for permission for such discharge from the Director.
(D) Excess pollutants.
(1) Persons discharging pollutants in excess of the limits listed below shall be subject to review by the Director. The Director shall determine the type or amount of pretreatment required at the user’s expense, or he or she may enter into a contract with the person making the discharge for the purpose of treatment of the pollutants for a fee and allow the discharge. The Director’s determination shall be based on an engineering study prepared at the user’s expense.
(2) The discharge from a user shall be subject to provisions of this chapter when the following limits are exceeded:
(a) Five-day BOD greater than 250 mg/l;
(b) Oil or grease greater than 100 mg/l;
(c) Total phosphorous greater than 15 mg/l;
(d) Average daily flow exceeding 3% of the total daily design flow of the sewage treatment plant; and
(e) Suspended solids greater than 300 mg/l.
(E) Control manholes. When the Director has determined that it is necessary to ascertain the character of discharge to the public sewage system, the owner of such property served by a sewer connection or connections shall install approved control manholes on the connections to allow observations, sampling, and measurements of all substances discharged therein. The cost of the manholes and all equipment considered necessary by the Director for sampling and metering, and all installation and operation of the sampling and metering equipment, shall be at the expense of the user. The Director shall approve all equipment prior to installation.
(F) Control manhole locations. All control manholes shall be located on the user’s property within ten feet of the property line. The control manholes shall be constructed on the sewer connection or the storm sewer connection. If the property is fenced, a gate shall be provided at the manhole location, with provision for a lock to be provided by the Director. If the user does not want direct access to his or her property for security or other reasons, he or she shall, at his or her expense, construct a security fence around the control manhole of an area acceptable to the Director. The Director may allow control manholes in the street right-of-way in an approved manner and location. Those control manholes that cannot be constructed within ten feet of the property line shall be in an open and accessible area.
(G) Right of inspection. The Director may inspect the facilities of any user to determine whether the purpose of this chapter is being met and all discharge requirements are being complied with. Persons or occupants of premises where sewage or other wastes are created or discharged shall allow the Director ready access at all reasonable times, and make provisions for emergency access, to all parts of the premises for the purposes of inspecting, photo documenting, sampling, or in the performance of such governmental function.
(H) Requirements for sewer outfalls. Access to and inspection of sewer outfalls to the river and sewer meters shall be as outlined above.
(I) Facility drawings. Detailed plans showing the pretreatment facilities and operating procedures and effluent characteristics shall be submitted to the Director for review and approval before construction of the facility. The approval of such plans and procedures will in no way relieve such persons from the responsibility of modifying the facility, if necessary, to produce an acceptable effluent. Any changes in the approved facilities or method of operation shall be reviewed and approved by the Director.
(J) (1) Any person to which pretreatment standards are applicable shall be in compliance with such standards in the shortest reasonable time, but not later than three years from the date of promulgation of U.S. EPA guidelines. In addition, pretreatment facilities for incompatible pollutants introduced into the sewer system by a major contributing industry shall commence construction within 18 months from the date of the final promulgation of the effluent limitations guidelines defining best practicable control technology currently available.
(2) The Director shall require the development of a compliance schedule, by each person discharging industrial wastes, for the installation of such pretreatment or equalization technologies.
(K) (1) The Superintendent may adjust categorical pretreatment standards to reflect the presence of pollutants in the industrial users intake water in accordance with the provisions of this division (K)(1). Any industrial user wishing to obtain credit for an intake pollutant must make application to the Superintendent.
(2) The industrial user the applicable standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) provided the following conditions are met.
(a) The industrial user demonstrates that the control system it proposes to use to meet applicable categorical pretreatment standards would, properly installed and operated, meet the standards in the absence of pollutants in the intake waters;
(b) Credit for generic pollutants such as biochemical oxygen demand, total suspended solids, and oil and grease will not be granted, unless the industrial user demonstrates that the constituents of the generic measure in the user’s effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere;
(c) Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standards up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits in compliance with standards adjusted under this section; and
(d) A credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The Superintendent may waive this requirement if it finds that no environmental degradation will occur.
(1984 Code. § 7-01-03-100) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993)
(A) Persons required to obtain permits. Persons required by this chapter to provide pretreatment and persons engaged in any activity listed in § 306(b)(1)(A) of the Act, being 33 U.S.C. § 1316(b)(1)(A), which are listed below, shall obtain a permit prior to connecting to or discharging to the sewerage system:
(1) Pulp or paper mills;
(2) Paper board, building, and board mills;
(3) Meat product and rendering processing;
(4) Dairy product processing;
(5) Grain mills;
(6) Canned and preserved fruits and vegetables processing;
(7) Canned and preserved seafood processing;
(8) Sugar processing;
(9) Textile mills;
(10) Cement manufacturing;
(11) Feedlots;
(12) Electroplating and other plating;
(13) Organic chemicals manufacturing;
(14) Inorganic chemicals manufacturing;
(15) Plastic and synthetic materials manufacturing;
(16) Soap and detergent manufacturing;
(17) Fertilizer manufacturing;
(18) Petroleum refining;
(19) Iron and steel manufacturing;
(20) Nonferrous metals manufacturing;
(21) Phosphate manufacturing;
(22) Steam and electric generation plants;
(23) Ferroalloy manufacturing;
(24) Leather tanning and finishing;
(25) Drum or barrel cleaning plants;
(26) Glass and asbestos manufacturing;
(27) Rubber processing; or
(28) Timber products processing.
(B) Application procedure.
(1) (a) Such persons presently discharging to the sewerage system shall, within 60 days from the effective date of this chapter, complete and file an application for a permit with the Director. The Director may also require any other person who is discharging or proposing to discharge wastes into the system to obtain a permit.
(b) The Director may change the conditions of the permit as circumstances or laws or regulations enacted by the state or federal governments may require. Limitations on the discharge of wastes into the system shall be in accordance and agreement with the current effluent guidelines developed by the Federal EPA. The Director shall direct the form the permit application shall use.
(2) (a) Users required to obtain a permit hereto shall complete and file with the village, an application in the form prescribed by the village, and accompanied by a fee as set by the Council.
(b) In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
1. Name, address, and location (if different from the address);
2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. Wastewater constituents and characteristics, including, but not limited to, those mentioned in this chapter as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act, being 33 U.S.C. § 1314(g) and contained in 40 C.F.R. pt. 136, as amended;
4. Time and duration of contribution;
5. Average daily and three-minute peak wastewater flow rates, including daily, monthly, and seasonal variations if any;
6. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation;
7. Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged;
8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any village, state or federal pretreatment standards, 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;
9. a. If additional pretreatment and/or operation and maintenance 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.
b. The following conditions shall apply to this schedule:
i. 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 the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, and the like);
ii. No increment referred to in division (B)(1) above shall exceed nine months; and
iii. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the const ruction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
10. Each product produced by type; amount, process or processes, and rate of production;
11. Type and amount of raw materials processed (average and maximum per day);
12. Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; or
13. Any other information as may be deemed by the village to be necessary to evaluate the permit application.
(c) The village will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the village may issue a permit subject to the terms and conditions provided herein.
(C) Conditions. A holder of a permit shall comply with all applicable pretreatment standards and requirements established by federal, state, or local law. The conditions of the permit shall be enforced by the Director in accordance with the provisions of this chapter. Any permit holder who exceeds the conditions and provisions of the permit will be subject to enforcement provisions of this chapter and applicable state and federal laws.
(D) Annual reports. Each person issued a permit shall comply with the reporting requirements under § 52.43.
(E) Accidental discharge.
(1) All persons discharging wastes to the sewerage system shall immediately notify the water pollution control plant upon accidentally discharging wastes in violation of this chapter, or the user’s permit, including a “slug loading”, as defined in § 52.02. The notification shall be made as soon after the accidental discharge as possible, but in no case more than 30 minutes after the accidental discharge.
(2) This notification shall be followed within five days by a detailed written report to the Superintendent describing the causes of the accident and measures being taken to prevent future occurrences. Dates shall be set for completion of such measures and the completion of such measures shall be reported to the Director. Notification will not relieve the user of liabilities for any expense, loss or damage occasioned by the discharge, or for any fines imposed on the village account thereof.
(F) Facilities to prevent accidental discharge.
(1) (a) Further, all users of the village’s POTW with a potential to discharge toxic substances or prohibited pollutants shall provide protection from accidental discharge of prohibited materials or other substances.
(b) Any facility constructed or designed to prevent accidental discharge of toxic substances or prohibited materials shall be provided for and maintained a the owner’s or user’s cost and expense. Detailed plans showing these facilities and the operating procedures to provide this protection shall be submitted to the village for review and shall be approved by the village before construction of such a facility.
(2) All existing applicable users shall complete such a plan according to a timetable determined by the Director. No user shall be permitted to introduce pollutants into the village POTW until its accidental discharge procedures have been approved by the village. Review of such plans and operating procedures shall not relieve the user from the responsibility to modify the user’s facility as necessary to meet the requirements of the Director.
(G) Other discharges that could cause problems to the POTW. All categorical and non-categorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any “slug loadings”, as defined in § 52.02.
(H) Creation of a plan to control slug discharges.
(1) The Superintendent will evaluate at least every two years, whether each significant industrial user needs a plan to control slug discharges. For the purpose of this division (H), a SLUG DISCHARGE is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
(2) Upon request by the Superintendent to prepare a slug control plan, the significant industrial user will prepare such a plan, including at a minimum the following:
(a) A description of discharge practices, including non-routine batch discharges;
(b) A description of stored chemicals;
(c) Procedures for immediate notification to the POTW of slug discharges, including any discharge that would violate a prohibition under § 52.25(B) with procedures for written follow up within five days; and
(d) If necessary, procedures to prevent adverse impacts from accidental spills, including inspection and maintenance of storage areas, handling and transferring of materials, loading and unloading operations, control of plant site run off, worker training, building of containment structures or equipment, measures for containing toxic or organic pollutants (including solvents), and/or measures and equipment for emergency response.
(I) Confidential status of information.
(1) All information and data on a user obtained for reports, questionnaires, permit application, permits, and monitoring programs and from inspections shall be available to the public without restriction, unless the user specifically requests the information be classified confidential on the basis of a proprietary process.
(2) When information is classified confidential, the Director shall provide proper and adequate facilities and procedures to safeguard the confidentiality of a manufacturing proprietary process, except that confidentiality shall not extend to waste products discharged to the waters of the state.
(J) 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 chapter.
(K) Village right of revision. The village reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in section § 53.01.
(L) Wastewater discharges. It shall be unlawful to discharge, without a village permit, to any natural outlet within the village, or in any area under the jurisdiction of said village, and/or to the POTW, any wastewater, except as authorized by the Superintendent in accordance with the provisions of this chapter.
(M) Permit modifications.
(1) Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater permits users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by this chapter, the user shall apply for a wastewater contribution permit within 60 days after the promulgation of the applicable national categorical pretreatment standards.
(2) In addition, the user with an existing wastewater contribution permit shall submit, to the Superintendent, within 60 days after the promulgation of an applicable federal categorical pretreatment standard, the information required by this section.
(N) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the village.
(1) Permits may contain the following:
(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(b) Limits on the average and maximum wastewater constituents and characteristics;
(c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(d) Requirements for 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;
(g) Requirements for submission of technical reports or discharge reports;
(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the village and affording village access thereto;
(i) Requirements for notification of the village of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(j) Requirements for notification of slug discharges; and
(k) Other conditions as deemed appropriate by the village to ensure compliance with this chapter.
(2) In the case of an industrial user, the permit will contain the following:
(a) A statement of duration (in no case more than five years);
(b) A statement that the permit is non-transferable without, at a minimum, prior notification to the POTW and a provision that a copy of the existing control mechanism shall be provided to the new owner or operator;
(c) Effluent limitations based on applicable general pretreatment standards contained in § 52.25(B), categorical pretreatment standards and state and local law;
(d) The applicable self-monitoring, sampling, reporting, notification, and record keeping requirements, including an identification of the pollutants to be monitored, sampling locations, sampling frequency, and sample type; and
(e) A statement of the applicable civil and criminal penalties for violation of pretreatment standards and requirements, in any applicable compliance schedule.
(O) Permit’s duration.
(1) Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user’s existing permit.
(2) The terms and conditions of the permit may be subject to modification by the village, as the requirements identified in this chapter are modified, or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(P) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, a different premise, or a new or changed operation, without the approval of the village. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(Q) Monitoring facilities.
(1) The village shall require to be provided and operated at the user’s own 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 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.
(2) There shall be ample room in or near such sampling manhole or 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 user.
(3) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the village’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the village.
(R) Inspection and sampling.
(1) The village shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the village or their representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records, examination or in the performance of any of their duties.
(2) The village, approval authority, and the EPA, shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. Where a 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 village, approval authority, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(S) Pretreatment.
(1) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations.
(2) Any facilities required to pretreat wastewater to a level acceptable to the village shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the village for review, and shall be acceptable to the village before construction of the facility.
(3) 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 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.
(T) Publishment of noncompliance.
(1) The village shall annually publish, in a newspaper distributed locally, a list of the users which were in significant non-publish with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(2) For this provision, a user is in significant non-publish if its violation meet one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more, of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(b) Technical review criteria (TRC) violations, defined here are those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period, equal or exceeds the product of the daily maximum limit or the average limit, multiplied by the applicable TRC (equals 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants, except pH);
(c) Any other violation of a pretreatment effluent limitations (daily maximum or longer-
term average) that the Superintendent determines has caused, alone or in combination with other discharges, interference, or pass-through (including endangering the health of POTW personnel or the general public);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;
(e) Failure to meet within 90 days after the schedule date, a compliance schedule mile stone or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, or reports on compliance with compliance schedules;
(g) Failure to accurately report non-publish; and
(h) Any other violation or group of violations which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(U) Availability of records. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
(V) Changes in nature of the discharge. All industrial users shall notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which the industrial user has submitted notification under 40 C.F.R. § 403.12(p).
(1) An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated only if the bypass is for essential maintenance to assure efficient operation. Bypasses of this type are not subject to the notice provision contained in divisions (W)(2) and (W)(3) below.
(2) If an industrial user knows in advance the need for a bypass, it shall submit prior notice to the Superintendent at least ten days before the date of such bypass.
(3) (a) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Superintendent within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall be submitted to the Superintendent within five days of the time the industrial user becomes aware of the bypass.
(b) This written submission shall include a description of the bypass, its cause, the duration, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue, and steps being taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The Superintendent may waive the written report on a case by case basis if the oral report has been received within 24 hours.
(4) Other than a bypass allowed in division (W)(1) above, a bypass is prohibited by an industrial user and the Superintendent may take enforcement action against an industrial user for a bypass unless:
(a) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. For this section, SEVERE PROPERTY DAMAGE means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can be reasonably expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGES does not include economic loss caused by delays in production;
(b) There was no feasible alternatives to the bypass such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment down time. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occur during normal periods of equipment downtime or prevention maintenance; and
(c) The industrial user submitted notice as required under divisions (W)(2) and (W)(3) above.
(X) Effect of an upset.
(1) An “upset”, as defined in § 52.02, shall constitute an affirmative defense to an action brought for non-publish with categorical pretreatment standards if the industrial user, through properly signed, contemporaneous operating logs, or other relevant evidence demonstrates:
(a) The cause of the upset; and
(b) At the time of the upset the facility was being operated in a prudent and workmanlike manner and was in compliance with all applicable operation and maintenance procedures.
(2) Within 24 hours of becoming aware of an upset, the industrial user shall submit to the Superintendent a description of the indirect discharge and cause of noncompliance, the period of noncompliance, including exact dates or times, or if not corrected, the anticipated time the noncompliance is expected to continue and steps being taken and/or planned to reduce, eliminate, or prevent reoccurrence of the noncompliance. If this information is provided orally, a written submission must be provided within five days.
(Y) Prevention of discharge. The POTW shall have the authority to, after informal notice to the discharger, immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appear to present imminent endangerment to the health or welfare of persons. The POTW shall also, upon notice to the effected industrial user, along with the opportunity to respond, have the authority to halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW.
(Z) Notification. Thirty days after approval by the approval authority of a list of significant industrial users, prepared by the Superintendent, the village shall notify each such significant industrial user of its status as such and all requirements applicable to it as a result of such status.
(AA) Discharge of hazardous substances.
(1) An industrial user shall notify the POTW, the EPA regional waste management division Director, and state hazardous waste authorities, in writing of any discharge into the POTW of a substance, which if otherwise disposed of, would be a hazardous waste under 40 C.F.R. pt. 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. pt. 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other).
(2) If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall contain the following information to the extent that such information is known and readily available to the industrial user:
(a) An identification of the hazardous constituents contained in the waste;
(b) An estimation of the mass and concentration of such constituents in the waste stream discharge during that calendar month; and
(c) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
(3) Any notification under this division (AA)(3) need be submitted only once for each hazardous waste discharge, however, notifications of changed discharges must be submitted. The notification requirements in this section do not apply to pollutants already reported under the self-monitoring requirements.
(4) Discharges are exempt from the requirements of this division (AA)(4) during a calendar month in which no more than 15 kilograms of hazardous waste are so discharged, unless the waste are acute hazardous waste as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e).
(5) Discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month or any quantity of acute hazardous waste as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(6) In the case of any new regulation under § 3001 of RCRA, being 42 U.S.C. § 6921, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and the state hazardous waste authorities of the discharge of such substances within 90 days of the effective date of such regulation.
(7) In the case of any notification made under this division (AA)(7), the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree it has determined to be economically practical.
(1984 Code. § 7-01-03-110) (Ord. 98, passed 9-30-1980; Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993)
(A) Baseline report. Within 180 days after the effective date of a categorical pretreatment standard or 180 days after a final administrative decision made upon a category determination under the Act, whichever is latter, existing industrial users shall submit to the Superintendent a report indicating the following:
(1) The name and address of all operators and owners;
(2) A list of all environmental control permits held by the facility;
(3) A brief description of the process, including the standard industrial classification, information on the nature and average rate of production, and a schematic showing points of discharge to the POTW;
(4) Information on the average daily and maximum daily flow rate in gallons per day for each process;
(5) The identity of each pretreatment standard applicable to each regulated process;
(6) (a) Sampling and analysis results identifying the nature and concentration (or mass where required by the standard or Superintendent) of regulated pollutants and the discharge from each regulated process. Both daily maximum and average concentration (or mass where required) shall be submitted. Samples shall be representative of daily operations.
(b) A minimum of four grab samples must be taken for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow proportional composite sampling techniques, where feasible. The Superintendent may waive flow proportional composite sampling for any industrial user who demonstrates that flow proportional sampling is not feasible.
(c) In such incidents, samples may be obtained through time proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. The user shall take a minimum of one representative sample to comply the data necessary to comply with the requirements of this division (A)(6).
(d) Samples should be taken immediately downstream from the pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment facilities exist. The baseline report shall indicate the time, date, and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(7) A statement as to whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional; and
(8) In the case of a new source or a source that becomes an industrial user subsequent to promulgation of an applicable categorical standard, at least 90 days prior to discharging to the POTW, the user will submit a report to the Superintendent containing the information listed in divisions (A)(1) through (A)(7) above. New sources shall provide estimates for the information requested in divisions (A)(4) through (A)(6) above. New sources shall include in this report information on the method of pretreatment the source intends to use to meet the pretreatment standard(s).
(B) Compliance with pretreatment standard deadline. Within 90 days following the date for final compliance with applicable pretreatment standards or in the case of a new source, the commencement of introduction of wastewater into the POTW, any user subject to categorical pretreatment standards and requirements shall submit to the Superintendent a report containing the information contained in division (A)(1) through (A)(7) above.
(C) Periodic compliance reports.
(1) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards.
(2) All reports submitted shall:
(a) Include a record of all daily flows, which during the reporting period, exceeded the average daily flow reported in division (C)(2)(d) below. At the discretion of the Superintendent, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the Superintendent may agree to alter the months during which the above reports are to be submitted.
(b) Be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, and be representative of conditions during the reporting period. The Superintendent shall require that frequency of monitoring necessary to assess and ensure compliance by industrial users with applicable pretreatment standards and requirements.
(c) If the Superintendent has imposed mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate, in such cases, any report required by this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass when requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to § 304(g) of the Act and contained in 40 C.F.R. pt. 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
(d) If the industrial users is subject to equivalent mass or concentration limits established by the Superintendent, the report required in this section shall contain a reasonable measure of the users long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by this section shall include the users actual average production rate for the reporting period.
(D) Reporting requirements for industrial users not subject to categorical pretreatment standards. Every June and December, industrial users with discharges not subject to categorical pretreatment standards shall submit to the Superintendent a report which includes a description of the nature, concentration, and flow of the pollutants required to be reported to the Superintendent. This report shall be based on sampling and analysis performed in the preceding six months. In the event the POTW collects all the information required for the report itself, a non-categorical significant industrial user will not be required to submit the report.
(E) Sampling and analysis.
(1) Reports required under this section shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration, or production in mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. All sampling analysis required in preparation of all the report in this chapter shall be conducted in accordance with the techniques described in 40 C.F.R. pt. 136 and amendments thereto.
(2) Where 40 C.F.R. pt. 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the 40 C.F.R. pt. 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the EPA.
(F) Sampling by POTW. Sampling and analysis may be performed by the POTW in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance report required under division (I) below, nor submit the certification required under division (C) above. In addition, where the POTW itself collects all the information required for a report, including flow data, the industrial user will not be required to submit the report.
(G) Reporting of additional monitoring. If an industrial user monitors any pollutant more frequently than required by the Superintendent, results of the additional monitoring information shall be included in the applicable report.
(H) Notification of violation.
(1) If the sampling performed by the industrial user indicates a violation, the user shall notify the POTW within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation.
(2) The industrial user is not required to resample if the POTW performs sampling, at the industrial user at a frequency of at least once per month, or at the user between time when the user performs its initial sampling and at the time when the user receives the results of the repeat sampling.
(I) Certification of signatures.
(1) Any report required to be submitted to the Superintendent, under this chapter shall include the following certification signed by the appropriate signature:
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 manages 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 |
(2) An appropriate signature is any of the following:
(a) A responsible corporate officer if the industrial user submitting the report is a corporation. For the purpose of this chapter A RESPONSIBLE CORPORATE OFFICER means a President, Secretary, Treasurer, or Vice-President of the corporation in charge of a principal business function, or any other who performs similar policy or decision making functions for the corporation;
(b) If the industrial user is a partnership or a sole proprietorship, the reports are required to be signed by a general partner or a proprietor respectively; and
(c) By a duly authorized representative of the individual designated in divisions (I)(2)(a) above if:
1. Authorization is made in writing by the individual described in divisions (I)(2)(a) above;
2. The authorization specifies either an individual or a position having the responsibility for the overall operation of the facility from which the industrial discharge originates such as a plant Manager, operator of a well, or a well field Superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the Superintendent. If the authorization under this division (I)(2) 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 authorization satisfying the above requirements must be submitted to the Superintendent prior to or together with any reports to be signed by the authorized representative.
(J) Record maintenance.
(1) Any industrial user subject to the recording requirements established by this chapter shall maintain records of all information resulting from any monitoring activities required by this chapter.
(2) Such records shall include for all samples:
(a) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(b) The dates the analysis were performed;
(c) Who performed the analysis;
(d) The analytical techniques/method used; and
(e) The results of such analysis.
(K) Record retention.
(1) (a) Any industrial user subject to recording requirements established under this chapter shall retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter) and shall make such records available for inspection and copying by the EPA, MDNR, or village officials.
(b) The period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the EPA or MDNR.
(2) (a) Any reports submitted by an industrial user shall be retained by the POTW for a minimum of three years and the POTW shall make such reports available for inspection and copying by the EPA, MDNR, and village officials.
(b) The period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the POTW pretreatment program or when requested by the EPA or MDNR.
(1984 Code. § 7-01-03-120) (Ord. 227, passed 1-26-1993)
(A) Municipal civil infraction. Any person violating any of the provisions this chapter, inclusive of §§ 52.06 and 52.07(A) through (E) shall be responsible for a municipal civil infraction and subject to the penalties and sanctions provided for in this code of ordinances. In addition to the penalties and sanctions provided under this chapter, the village may recover reasonable attorney’s fees, court costs, court reporter’s fees, and other expenses of litigation against the person found to have violated this chapter or the orders, rules, regulations, and permits issued under this chapter.
(B) Misdemeanor. Any person who violates section § 52.07(F) shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty of a fine not to exceed $500 and/or by imprisonment in the County Jail for a period not to exceed 90 days.
(1984 Code. § 7-01-03-150) (Ord. 277, passed 6-10-1997)