(a) The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c)
(b) Limitations on Wastewater Discharge. The following Pollutant limits are established to protect against Pass Through and/or Interference. No Person shall discharge Wastewater containing in excess of the following Daily Maximum Limits except as provided for below.
(1) The Director may establish more stringent limitations and/or add additional parameters with limitations as necessary to protect the POTW or the public health, safety and welfare; or to comply with other agencies having jurisdiction over Discharges from the WRF.
(2) Upon proper application therefore, on such forms and in accordance with such regulations and the payment of such fees as the Director shall prescribe, the Director may issue WDPs and/or temporary WDPs to each IU, which shall be valid for a period of time as the Director may allow but in any event, not to exceed five years, subject to the provisions of this Ordinance.
(3) These WDPs may allow the IU to exceed the local limits, for the parameters in Pollutant Groups A and/or B at quantities allocated by the Director. However that no such permit shall be issued unless:
(i) the Director first finds that such excess shall not cause damage to, or exceed the capacity of the City's POTW to meet the minimum standards of the Act or any other applicable law or the City's WRF NPDES Permit; and
(ii) For limits higher than those listed in the table for pollutant Group B (below):
• The Industrial User has completed a Baseline Monitoring Report (BMR); and
• The Director has authorized the Industrial User to discharge such limit under conditions outlined in the:
o WDP with allocated limits based on the User’s contribution to the POTW; or
o Discharge Authorization Letter.
Pollutant Group A
Daily Maximum Limit (mg/L)
Ammonia-N
30
BOD
5
(5-day Biochemical Oxygen Demand)
250
TDS (total dissolved solids)
2,500
TSS (total suspended solids)
300
P (phosphorus)
8
COD (Chemical Oxygen Demand)
500
Oil & Grease - Polar
100
Pollutant Group B | Daily Maximum Limit (mg/L) |
Arsenic | 0.130 |
Bis-2 (ethylhexyl phthalate) | 0.527 |
Cadmium | 0.098 |
Chromium (total) | 14.894 |
Chromium (hexavalent) | 1.301 |
Copper | 1.472 |
Cyanide | 0.352 |
Lead | 0.666 |
Mercury | 0.00042 |
Molybdenum | 0.228 |
Nickel | 1.696 |
Selenium | 0.234 |
Silver | 0.120 |
Zinc | 4.416 |
Oil & Grease - Non-Polar | 100 |
(c) The Director may develop Best Management Practices (BMP's) by Ordinance or in WDP's to implement Local Limits and the requirements of Section 915.07.
(d) As per 40CFR403.12 (e) and/or (h) all SIU's receiving WDPs are required to monitor for all parameters listed in Section 915.11(b) at a minimum semi-annual frequency. Reports shall be submitted to the City with the semi-annual reporting periods defined as January-June and July-December of each year with reports due within 30-days of period end or at frequencies required by the Director. Should sufficient monitoring data indicate that the listed Pollutant(s) is(are) not present (or below detectable limits) in the SIU's Wastewater Discharge, the Director may waive all (or a portion of) these testing and reporting requirements as determined appropriate.
(1) Monitoring Waivers. A POTW's legal authority as an approved program now allows the POTW to authorize, at its discretion, an industrial user subject to a categorical pretreatment standard, except for Centralized Waste Treatment facilities regulated by and defined in 40 C.F.R. 437, to forego sampling of a pollutant regulated by a categorical pretreatment standard.
Monitoring waivers do not apply to pollutants where there are certification processes and requirements established by the City or by categorical pretreatment standards (e.g. TOMP/certification alternative to total toxic organics monitoring) unless allowed for by the applicable categorical pretreatment standard.
If a waived pollutant is found to be present or is expected to be present based on changes that occur in the IU's operations, the user shall be required to immediately notify the City in writing and start monitoring that pollutant at the frequency specified in the POTW's pretreatment program.
The monitoring waiver applies only to IU self-monitoring and does not remove the POTW's obligations for IU monitoring for that parameter. However, the waiver can be extended to POTW monitoring done to satisfy IU self-monitoring.
In making its request for a pollutant monitoring exemption, the industrial user must demonstrate through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user.
In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative wastewater from all processes.
Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the USEPA approved analytical method from 40 C.F.R. 136 with the lowest method detection limit for that pollutant was used.
Waivers are valid only for the duration of the effective period of the IU's WDP but in no case longer than five years. The IU must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism WDP .
The request for a monitoring waiver shall be signed by an authorized representative of the industrial user in accordance with paragraph (F) of rule 3745-3-06 of the Administrative Code, and it must include the certification statement in 40 C.F.R. 403.6(a)(2)(ii). This is the standard "I certify under penalty of law" statement.
The City shall include any monitoring waiver as a condition in the industrial user's WDP. This simply means that the WDP needs to acknowledge that a waiver has been granted for a pollutant or pollutants and provide a general justification for the waiver.
The supporting reason(s) for a monitoring waiver and the information submitted by the user in its request for the waiver shall be maintained in the industrial user's file by the City for three years after expiration of the waiver.
The City shall include any monitoring waiver as a condition in the industrial user's WDP. This simply means that the control mechanism WDP needs to acknowledge that a waiver has been granted for a pollutant or pollutants and provide a general justification for the waiver.
The supporting reason(s) for a monitoring waiver and the information submitted by the user in its request for the waiver shall be maintained in the industrial user's file by the City for three years after expiration of the waiver.
Upon approval of the monitoring waiver and revision of the IU's WDP by the control authority, the IU shall certify on each self-monitoring report with the following statement:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 C.F.R. [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant or pollutants in the wastewaters due to the activities at the facility since submittal of the last periodic report under paragraph (E) of rule 3745-3-06 of the Administrative Code.”
(Ord. 2022-073. Passed 7-20-22.)