(A) Pretreatment of industrial wastes from major contributing industries prior to discharge to the treatment works is required and is subject to the Rules and Regulations adopted by the EPA and IDEM, in addition to any more stringent requirements established by the town and subsequent state or federal guidelines and rules and regulations.
(B) The Town of Kouts shall enforce this section at its discretion, when deemed appropriate for protection of the town’s sewage works.
(1) Limitations of wastewater strength.
(a) The National Categorical Pretreatment Standards, located in 40 CFR Chapter I, et seq., are hereby adopted and incorporated by reference into this code and include amendments to those standards that occur hereafter as the same are published in the CFR with effective dates as fixed therein. An application for modification of the National Categorical Pretreatment Standards may be considered by the town when the wastewater treatment plant achieves consistent removal of the pollutants described herein.
(b) State and local requirements and limitations on discharges shall be met by all dischargers when such requirements and limitations are more stringent than federal requirements and limitations.
(c) No discharger shall use water to dilute a discharge as a substitute for adequate treatment of prohibited substances to achieve compliance with the standards set forth in this division.
(d) Under no circumstances shall a discharger release wastewater containing concentrations of the following substances in amounts exceeding the stated values:
Parameter | Limit (in mg/l) |
Parameter | Limit (in mg/l) |
1, 1, 1-Trichloroethane | 1.6 |
1, 2 Dichloroethane | 1.1 |
Benzene | 0.13 |
Cadmium, total | 0.33 |
Chromium, total | 7.0 |
Copper, total | 5.0 |
Cyanide, total | 9.0 |
Ethyl Benzene | 1.6 |
Fats, Oils and Grease | 100.0 |
Iron, Dissolved | 3.9 |
Lead, total | 1.6 |
Mercury, total | 0.033 |
Methylene Chloride | 4.2 |
Nickel, total | 9.3 |
Phenol | 1.3 |
PCB’s | No Discharge Allowed |
Surfactants (MBAS) | 680.0 |
Toluene | 1.4 |
Xylene, total | 2.0 |
Zinc, total | 5.0 |
(2) Accidental discharges/slugs.
(a) Each significant industrial user shall provide an accidental discharge/slug control plan to the town, which plan has been approved by the town and is being implemented by said industrial user. Such plans shall address, at a minimum, the following:
1. Description of discharge practices, including non-routine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the town of any accidental or slug discharge, as required hereafter;
4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, 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.
(b) Dischargers shall notify the town immediately upon the occurrence of a “slug” or accidental discharge of substances prohibited by this section. The notification shall include location of discharge, date and time of occurrence, type of waste, concentration and volume, and corrective actions taken. Immediate notification shall be verbal, but a written verification within five days of the incident is required.
(3) Wastewater discharge permits.
(a) It shall be unlawful to discharge sewage, nondomestic wastes, or other wastes or wastewater to any sewer outlet within the jurisdiction of the town without having been submitted a permit application to IDEM (with a copy sent to the town) for IDEM’s review and without a discharge permit being issued by the Town of Kouts and approval prior to the discharge, if the discharger:
1. Is subject to National Categorical Pretreatment Standards as promulgated by the EPA or IDEM; or
2. Discharges nondomestic wastewater in the amount equal to or exceeding 25,000 gallons per day; or
3. Contributes a nondomestic stream exceeding 5% of the dry weather hydraulic or organic capacity of the wastewater treatment plant; or
4. Has a reasonable potential to adversely affect the treatment plant processes by inhibition, pass-through of pollutants, sludge contamination, or endangerment of treatment plant personnel.
(b) Prospective nondomestic users of any sewer which are subject to the provisions of division (B)(3)(a) of this section shall obtain a Wastewater Discharge Permit prior to connecting to or discharging into the wastewater system and shall apply for said permit at least 90 days prior to anticipated connection.
(c) Applications for a Town of Kouts discharge permit may be procured from the town.
(d) The fee for a Town of Kouts discharge permit shall be $500 per year payable at the time the permit is issued by the town and on the same date each year thereafter.
(e) In addition to the payment of the town’s discharge permit fee and any charges required for IDEM permitting, the discharger shall pay the costs of all samples taken at the request of the town, the costs of the analyzing the same, and the costs of inspecting the discharger’s facilities.
(4) Confidentiality.
(a) Except for divisions (B)(4)((b) and (B)(4)(c) below, in accordance with 40 C.F.R., Part 2, any information submitted to the town pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, the town may make the information available to the public without further notice. If claim is asserted, the information will be treated in accordance with the procedures in 40 C.F.R. Part 2.
(b) Information and data provided to the town pursuant to this part which is effluent data shall be made available to the public without restriction.
(c) All other information which is submitted to the EPA, IDEM, or the town shall be available to the public at least to the extent provided by 40 C.F.R., Paragraph 2.302.
(5) Limitations on permit transfer. Wastewater discharge permits are issued to a specific discharger for a specific operation and are not assignable to another discharger or transferable to any other location without the prior written approval of the town.
(6) Reporting requirements.
(a) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a) (4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the town a report which contains the information listed in division (B)(4)(b) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the town a report which contains the information listed in division (B)(4)(b) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(b) The industrial user shall submit the information required by this section including:
1. Identifying information. The name and address of the facility including the name of the operation and owners.
2. Wastewater discharge permits. A list (including copies) of any environmental control wastewater discharge permits held by or for the facility.
3. Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
4. Flow measurement. Information showing the measured average (or estimated, if approved by the town) daily and maximum flow, in gallons per day, to the POTW from regulated process streams and other stream, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
5. Measurement of pollutants.
a. Identify the categorical pretreatment standards applicable to each regulated process.
b. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass), where required by the town of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out herein.
c. Sampling must be performed in accordance with procedures set out herein.
6. Certification. A statement reviewed by the industrial user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
7. Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standard; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M shall be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out herein.
(c) Any permittee subject to a pretreatment standard set forth in this division shall submit to the Town by June 30 and December 31 of each year, unless required more frequently by the discharge permit, a periodic compliance report indicating the nature and concentration of prohibited or regulated substances in its effluent. Included in the report shall be a record of all measured or estimated average and maximum daily flows during the reporting period, computed by verifiable techniques as required by the applicable discharge permit.
(d) Each permittee shall monitor the discharge with the frequency prescribed in its wastewater discharge permit. All sampling and analyses shall be performed in accordance with 40 C.F.R., Part 136.
(e) Reports of monitoring events shall be filed with the town as required by the wastewater discharge permit. The reports shall include all results of analyses required by the permit, including flow conditions and the nature and concentration of those prohibited substances specified in the applicable categorical standards. The reports shall also specify sampling location, date, time and techniques, analysis date, analyst and analysis methods, and results of all analyses.
(f) If sampling performed by an industrial user indicates a violation of any permit, ordinance, statute, or regulation, the industrial user must notify the town verbally within 24 hours of the violation and follow-up in writing within five days. The industrial user shall also repeat the sampling and analysis and submit the results of the report to the Town within 15 days after the violation. The Industrial User shall continue to sample until the town informs them in writing that additional sampling is not required.
(g) The discharge of hazardous wastes into the Town of Kouts Sewage Works is prohibited.
(h) All permittees shall retain and preserve for no less than five years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and analyses made in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the town pursuant hereto shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(i) Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this section, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this section may be assessed a civil penalty of not more than $2,500.
(j) All permittees subject to Federal Categorical Pretreatment Standards will be required to file all reports as described in 40 C.F.R., 403, which is incorporated herein by reference. These reports shall include, but not be limited to, baseline monitoring reports, compliance schedule reports, compliance date reports and periodic compliance reports.
(k) All industrial user reports required by this section shall be certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements. Additionally, all such reports and all Wastewater Discharge Permit Applications must contain the following certification statement and be signed by an authorized representative of the industrial user:
“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 this information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(l) Compliance schedule reports must be submitted by any nonresidential discharger not subject to categorical standards who is not in compliance with the terms and conditions of this section.
(7) Emergency suspension of service. The town may, for good cause shown, suspend the wastewater treatment service and the discharge permit of a discharger when an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interference with the operations of the wastewater treatment plan, or a violation of any pretreatment limits imposed by this chapter. Any discharger notified of the suspension of treatment service shall cease all discharges to the sewer system. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the town shall commence judicial proceedings immediately thereafter to compel the user's compliance with such order. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(8) Show cause hearing. Where the violation of this chapter is not corrected by timely compliance by means of administrative adjustment, the town may order any discharger which causes or allows conduct herein prohibited, to show cause before the town, why a cease and desist order should not be issued. A written notice shall be served on the discharger specifying the time and place of a hearing to be held by the town or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the town or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served not less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing shall be considered by the town which shall then enter appropriate orders with respect to the alleged improper activities of the discharger.
(9) Administrative fines. Any person who violates or fails to comply with any of the provisions of this section shall be subject to a fine in an amount not to exceed $2,500. In the case of a continuing violation, each day shall constitute a separate and distinct offense.
(10) Appeals. Any user affected by any decision, action, or determination, including cease and desist orders, made by the town interpreting or implementing the provisions of this section may file with the town a written request for reconsideration within ten days of such decision, action, or determination, setting forth in detail the facts supporting the user’s request for reconsideration. If the ruling made by the town is unsatisfactory to the person requesting reconsideration, he or she may, within ten days after notification of action, file a written appeal to the town. The written appeal shall be heard by the town within 30 days from the date of filing. The town shall make a final ruling on the appeal within 30 days of the close of the meeting. The town’s decision, action, or determination shall remain in effect during such period of reconsideration and appeal.
(11) Judicial enforcement remedies. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this section, or orders issued hereunder, or any other pretreatment requirement, the town may petition the Circuit or Superior Court for Porter County for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels specific performance, order, or other requirement imposed by this section on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the town. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user, nor shall any other remedy herein be deemed a prerequisite to seeking injunctive relief.
(12) Remedies. The provisions of this section are not exclusive remedies. The town reserves the right to take any, all, or a combination of these actions against a noncompliant user, separately or concurrently, and may also exercise any other remedies provided by law.
(Ord. 2008-2, passed 3-17-08)