Any industry or structure discharging process flow to a sanitary sewer, storm sewer or receiving stream shall file the material listed in this section with the Superintendent. In addition, the Superintendent may require each person who applies for or receives sewer service, or who, because of the nature of the enterprise, creates a potential environmental problem, to file such material.
(a) Baseline Monitoring Reports and Other Required Information.
(1) Submission of information. All nondomestic users proposing to connect to or contribute to the POTW shall submit to the City a baseline monitoring report that contains information on the user, processes and wastewaters before connecting to or contributing to the POTW. All existing nondomestic users connected to or contributing to the POTW shall submit this information within ninety days after the effective date of this chapter. All new sources and sources that become nondomestic users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Superintendent a report which contains the information described below. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested when actual data are not available. The information submitted must be sufficient for the City to determine the impact of the user's discharge on the POTW and the need for pretreatment. Categorical users shall report any changes to information in the baseline monitoring report to the POTW within sixty days. The user shall submit, in units and terms appropriate for evaluation, on a disclosure form prescribed by the City, the following information:
A. The name, address and location (if different from the address) of the facility, and the name of the operator and owners.
B. The SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
C. A list of any environmental control permits held by or for the facility.
D. Wastewater constituents and characteristics, including, but not limited to, those mentioned in Section 1043.03, as determined by a reliable analytical laboratory.
Sampling and analysis shall be performed in accordance with the procedures and methods detailed in:
1. Standard Methods for the Examination of Water and Wastewater, American Public Health Association;
2. Manual of Methods for Chemical Analysis of Water and Wastes, United States Environmental Protection Agency; and
3. Annual Book of Standards, Part 131, Water, Atmospheric Analysis, 1975, American Society for Testing and Materials (ASTM).
E. The time and duration of the contribution.
F. Average daily wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, to the POTW from each of the following:
1. Regulated process streams;
2. Other streams as necessary to allow use of the combined wastestream formula specified in rule 323.2311(6) of the Act. The control authority may allow for verifiable estimates of these flows where justified by costs or feasibility considerations.
G. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by their size, location and elevation, from industries identified as significant industries or subject to national categorical pretreatment standards or those required by the City.
H. Identification of the pretreatment standards applicable to each regulated process. In addition, the user shall submit the results of sampling and analysis, identifying the nature and concentration (or mass), where required by the standard or the Superintendent, of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.
I. A description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
J. Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, 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 by the nondomestic user to meet applicable pretreatment standards.
K. If additional pretreatment and/or O&M will be required to meet 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. 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 facilities required for the user to meet the applicable pretreatment standards.
2. No increment referred to in the paragraph (a)(1)K.1. hereof shall exceed nine months.
3. Not 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 Superintendent, including, as a minimum, a statement as to whether or not he or she complied with the increment of progress to be met on such date and, if not, the date on which he or she expects to comply with this increment of progress, the reason for the delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
4. Existing sources which become nondomestic users subsequent to the promulgation of an applicable categorical pretreatment standard shall be considered existing nondomestic users, except where such sources meet the definition of a new source as provided in Section 1043.01(a)(34). New sources shall install and have in operating condition, and shall start up, all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time, not to exceed ninety days, new sources must meet all applicable pretreatment standards.
L. Each product produced by type, amount, process and rate of production.
M. The type and amount of raw materials processed, including the average and the maximum per day.
N. The number and type of employees, the hours of operation of the plant and the proposed or actual hours of operation of the pretreatment system.
O. Any other information deemed by the City to be necessary to evaluate the impact of the discharge on the POTW.
(2) Evaluation and acceptance of baseline monitoring reports; issuance of industrial use permits. The baseline monitoring report shall be signed by a principal responsible corporate officer of the user and a qualified engineer. The City will evaluate the complete report and data furnished and may require additional information. Within ninety days after full evaluation and acceptance of the data furnished, the City shall notify the user of the acceptance thereof in the form of a nondomestic user permit or equivalent individual control mechanism, which permits contain the following conditions:
A. A statement of duration, which in no case shall be more than five years;
B. A statement of non-transferability without a minimum prior notification to the POTW and a copy of the permit to the new owner or operator;
C. Effluent limits based on applicable general pretreatment standards as provided in this chapter;
D. Self-monitoring, sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, the sampling location, the sampling frequency and the sample type, based on the applicable standards as contained in this chapter;
E. A statement of the applicable civil and criminal penalties for violations of this chapter and any compliance schedule provided for in this chapter, which schedules shall not extend the compliance date beyond applicable Federal deadlines.
(b) Discharge Modifications. Within ninety days of the promulgation or revision of a national categorical pretreatment standard, all affected users must submit to the City the information required by paragraphs (a)(1)J. and K. hereof.
(c) Discharge Conditions. Wastewater discharges shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. The City may:
(1) Set unit charges or a schedule of user charges and fees for the wastewater to be discharged to the POTW;
(2) Limit the average and maximum wastewater constituents and characteristics;
(3) Limit the average and maximum rate and time of discharge or make requirements for flow regulations and equalization;
(4) Require the installation and maintenance of inspection and sampling facilities;
(5) Establish specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and a reporting schedule;
(6) Establish compliance schedules;
(7) Require submission of technical reports or discharge reports;
(8) Require the maintenance, retention and furnishing of plant records relating to wastewater discharged as specified by the City, have access thereto and make copies thereof;
(9) Require notification of the City for any new introduction of wastewater constituents into the wastewater treatment system;
(10) Require, at least once every two years, that each significant nondomestic user provide a plan to control slug discharges. The results of such activities shall be available to the Superintendent upon request. If the treatment plant decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
A. A description of discharge practices, including nonroutine batch discharges;
B. A description of stored chemicals;
C. Procedures for immediately notifying the treatment plant of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days; and
D. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant-site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
(11) Require other conditions as deemed appropriate by the City to ensure compliance with this chapter.
(d) Notification by Nondomestic Users of Hazardous Waste Disposal.
(1) A nondomestic user shall notify the treatment plant, the EPA Regional Waste Management Division Director and State hazardous waste authorities, in writing, of any discharge into the treatment plant of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the nondomestic user discharges more than 100 kilograms of such waste per calendar month to the treatment plant, the notification shall also contain the following information to the extent such information is known and readily available to the nondomestic user: an identification of the hazardous constituents contained in the waste; an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve months. All notifications must take place within 180 days of the effective date of this section. Nondomestic users who commence discharging after the effective date of this section shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged.
(2) Dischargers are exempt from the above requirements during a calendar month for discharges of no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 251.30(d) and 281.33(e). Discharges of more than fifteen kilograms of non-acute hazardous wastes in a calendar month, or any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), require a one-time notification.
(3) In the case of any new regulations under Section 3001 of the RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the nondomestic user must notify the treatment plant, the EPA Regional Waste Management Division Director and State hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.
(4) In the case of any notification made under this chapter, the nondomestic user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(e) Records and Reports Generally. Nondomestic users shall maintain records and file reports of the final disposal of specific liquid and solid wastes, sludges, oils, radioactive materials, solvents and other wastes.
(f) Compliance Date Reports. Within ninety days following the date for final compliance with applicable pretreatment standards, or, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards or requirements. New sources subject to categorical standards shall install and start up pretreatment technology prior to discharge and achieve compliance within the shortest time feasible, said compliance not to exceed ninety days after the commencement of a discharge, pursuant to 40 CFR 403.6(b). The report shall state whether or not the applicable pretreatment standards or requirements 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 or requirements. This statement shall be signed by an authorized representative of the nondomestic user and certified to by a qualified representative, as defined in Section 1043.01(a)(4).
(g) Periodic Compliance Reports.
(1) All categorical and significant noncategorical nondomestic users or new sources discharging into the POTW shall submit to the Superintendent, during the months of June and December, unless required more frequently in a 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 or this chapter. In addition, this report shall include a record of all daily flows which, during the reporting period, exceed the average daily flow reported in paragraph (c)(3) hereof. At the discretion of the Superintendent, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the reports are to be submitted. Nondomestic users not subject to categorical pretreatment standards shall submit a report every six months, which report shall contain information necessary to protect the POTW, on a case by case basis.
(2) The Superintendent may also impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases in which the imposition of mass limitations is appropriate. In such cases, the report required by subsection (f) hereof shall also indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
(h) Certification of Reports. The reports required by this section shall include a certification statement and shall be signed by an authorized representative.
(i) Potential for Discharge. Any industry which does not normally discharge to a sanitary sewer, storm sewer or receiving stream, but which has the potential to do so from accidental spills or similar circumstances, may be required by the Superintendent to file the listed reports in this section.
(j) Notice of Potential Problems; Slug Loads. All categorical and noncategorical nondomestic users shall notify the POTW immediately of all discharges that could cause problems to the POTW, as defined by 40 CFR 403.5(b).
(k) Notification of Changed Discharges. All nondomestic users shall promptly 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 wastes for which the nondomestic user has submitted initial notification under subsection (d) hereof, and further including any groundwater purged for remedial action programs and groundwater containing pollutants that infiltrate into the sewer and POTW.
(l) Confidential Information. Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or to any governmental agency without restriction unless the user specifically requests confidentiality and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
When requested by the person furnishing a report, the portion of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be available, upon written request, to governmental agencies for uses related to this chapter, the NPDES permit or the pretreatment programs, and 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. 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.
(Ord. 656. Passed 9-15-97.)