(A) All operators of: (1) municipal landfills; (2) hazardous waste treatment, disposal and recovery facilities; (3) industrial facilities that are subject to Section 353 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA) 42, USC § 11023; and (4) industrial facilities that the Town Administrator determines are contributing a substantial pollutant loading to the MS4, which are sources of stormwater discharges associated with industrial activity, shall comply with the following requirements:
(1) Any operator who intends to obtain coverage for stormwater discharge associated with industrial activity under the NPDES general permit for stormwater discharges associated with industrial activity ("the industrial general permit") shall submit a signed copy of its notice of intent (NOI) to the Town Administrator at least two days prior to the commencement of the industrial activity at the facility. If industrial activity is already underway upon the effective date of this chapter, the NOI shall be submitted within 30 days. Where the operator of a facility with a stormwater discharge associated with industrial activity which is covered by the industrial general permit changes, the new operator of the facility shall submit an NOI at least two days prior to the change.
(2) A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the industrial general permit or any individual or group NPDES permit issued for stormwater discharges from the industrial facility, with any additional requirement imposed by or under this chapter and any other city ordinance.
(3) The SWPPP shall be prepared, signed and sealed by a registered professional engineer. The signature and seal of the registered professional engineer shall constitute his or her attestation that the SWPPP fully complies with the requirements of the industrial general permit, or with any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility, and within any additional requirement imposed by or under this chapter. The SWPPP shall contain the name, title and business address of the registered professional engineer signing it and the date that he or she did so.
(4) The SWPPP shall be completed prior to the submittal of the NOI to the Town Administrator and, for a new industrial operation, prior to the commencement of the industrial activity at the facility. The SWPPP shall be updated and modified as appropriate and as required by the industrial general permit and this chapter. Any update or modification to the SWPPP shall be prepared, signed and sealed by a registered professional engineer.
(5) A copy of any NOI that is required by division (A)(1) shall be submitted to the city in conjunction with any application for a permit or any other city approval necessary to commence or continue operation of the industrial facility.
(6) The Town Administrator may require any operator who is required by division (A)(2) to prepare a SWPPP to submit the SWPPP and any modifications thereto to the Town Administrator for review. Such submittal and review of the SWPPP may be required by the Town Administrator prior to commencement of or during industrial activity at the facility.
(7) Upon the Town Administrator review of the SWPPP and any site inspection that he or she may conduct, the city may deny approval of any application for a permit or any other city approval necessary to commence or continue operation of the facility, on the grounds that the SWPPP does not comply with the requirements of the industrial general permit, any individual or group NPDES permit issued for stormwater discharges from the industrial facility, or any additional requirement imposed by or under this chapter. Also, if at any time the Town Administrator determines that the SWPPP is not being fully implemented, the city may similarly deny approval of any application for a permit or other city approval necessary to commence or continue operation of the industrial facility.
(8) Any significant modification to the SWPPP shall be prepared, signed, and sealed by a registered professional engineer, as required for the original SWPPP by division (A)(3).
(9) The SWPPP, with the registered professional engineer's signature and seal affixed, and with any modifications attached, shall be retained at the industrial facility from the date of commencement of operations until all stormwater discharges associated with industrial activity at the facility are eliminated and the required notice of termination (NOT) has been submitted.
(10) The operator shall make the SWPPP and any modification thereto available to the Town Administrator upon request as well as to EPA and state inspectors.
(11) The Town Administrator may notify the operator at any time that the SWPPP does not meet the requirements of the industrial general permit, any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility or any additional requirement imposed by or under this chapter. Such notification shall identify those provisions of the permit or ordinance which are not being met by the SWPPP and identify which provisions of the SWPPP require modifications in order to meet such requirements. Within 30 days of such notification from the Town Administrator (or as otherwise provided by the Town Administrator), the operator shall make the required changes to the SWPPP and shall submit to the Town Administrator a written certification that the requested changes have been made.
(12) The operator shall amend the SWPPP whenever there is a change in design, construction, operation or maintenance which has a significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges associated with industrial activity.
(13) Qualified personnel (provided by the operator) shall inspect equipment and areas of the facility specified in the SWPPP at appropriate intervals. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspection shall be maintained.
(14) Qualified personnel (provided by the operator) shall conduct comprehensive site compliance evaluations as required by part IV.D.4 of the industrial general permit at intervals of not less than once per year. Based on the results of the compliance evaluation, the description of potential pollutant sources and the pollution prevention measures and controls identified in the SWPPP shall be revised as appropriate within two weeks of such evaluation and shall provide for implementation of any changes to the SWPPP in a timely manner, but in no case more than 12 weeks after the compliance evaluation.
(15) A report summarizing the scope of the comprehensive site compliance evaluation required by division (A)(14) above, personnel making the compliance inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP and actions taken in accordance with necessary and appropriate plan revisions shall be made and retained as part of the SWPPP for at least one year after all stormwater discharges from the facility are eliminated and the required not has been submitted. The report shall identify any incidence of noncompliance; or, if the report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the applicable NPDES permit, and this chapter. The report shall be signed by the individual responsible for the comprehensive site compliance evaluation and it shall be submitted to the Town Administrator within ten days of its completion.
(16) If the industrial facility is required by part VI.B.2 of the industrial general permit to conduct semi-annual monitoring, a signed copy of each semi-annual monitoring report prepared in accordance with part VI.D shall be submitted to the Town Administrator.
(17) If the industrial facility is required by part VI.B.3 of the industrial general permit to conduct annual monitoring, records of the monitoring results shall be retained at the facility and made available to the Town Administrator upon request. If expressly required by the Town Administrator, a written report of the annual monitoring shall be prepared and submitted to the Town Administrator.
(18) By written notice, the Town Administrator may require any industrial facility identified in accordance with this section to implement a monitoring program that includes the submission of quantative data on the following constituents: any pollutants limited in effluent guidelines subcategories, where applicable; any pollutant listed in an existing NPDES permit for the facility; oil and grease, COD, pH, BODs, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen, and any information on discharges required under 40 C.F.R. § 122.21(g)(7)(iii) and (iv). The Town Administrator may require written reports of any such monitoring to be submitted to him or her.
(19) By written notice, the Town Administrator may require any industrial facility identified in this section to conduct semi-annual or annual monitoring of stormwater discharges or the Town Administrator may specify an alternative monitoring frequency and/or specify additional parameters to be analyzed. The Town Administrator may require written reports of any such additional monitoring to be submitted to him or her.
(20) The operator shall retain the SWPPP until at least one year after stormwater discharges associated with industrial activity at the facility are eliminated or that operator is no longer operating the facility, and a notice of termination (NOT) in compliance with division (A)(9) has been submitted. The operator shall retain all records of all monitoring information, copies of all required reports and records of all data used to complete the NOI, until at least one year after all stormwater discharges associated with industrial activity at the facility are eliminated, or the operator ceases to operate that facility and the required notice of termination (NOT) has been submitted.
(21) For discharges subject to the semi-annual or annual monitoring requirements of part VI.B. of the industrial general permit, in addition to the records retention requirements of the paragraph above, operators are required to retain for a six year period from the date of sample collection records of all monitoring information collected. Operators must submit such monitoring results, and/or a summary thereof to the Town Administrator upon his or her request.
(22) As expeditiously as practicable, but in no case later than October 1, 1995, any discharge composed of coal pile runoff shall comply with the following limitations: no discharge shall exceed a maximum concentration for any time of 50 mg/l total suspended solids, nor shall such runoff be diluted with stormwater or other flows in order to meet this limitation; the pH of such discharges shall be within the range of 6.0-9.0. Any untreated overflow from facilities designed, constructed and operated to treat the volume of coal pile runoff which is associated with a ten-year, 24-hour rainfall event shall not be subject to the 50 mg/l limitation for total suspended solids.
(23) After October 1, 1995, no discharge shall contain any of the following hazardous metals in a concentration exceeding the maximum allowable concentrations (in mg/l) of each of the hazardous metals listed below:
Total Metal
| Monthly Average
| Daily Composite
| Single Grab
|
Total Metal
| Monthly Average
| Daily Composite
| Single Grab
|
Arsenic | 0.1 | 0.2 | 0.3 |
Barium | 1.0 | 2.0 | 4.0 |
Cadmium | 0.05 | 0.1 | 0.2 |
Chromium | 0.5 | 1.0 | 5.0 |
Copper | 0.5 | 1.0 | 2.0 |
Lead | 0.5 | 1.0 | 1.5 |
Manganese | 1.0 | 2.0 | 3.0 |
Mercury | 0.005 | 0.005 | 0.01 |
Nickel | 1.0 | 0.1 | 0.2 |
Selenium | 0.05 | 0.1 | 0.2 |
Silver | 0.05 | 0.1 | 0.2 |
Zinc | 1.0 | 2.0 | |
(24) Where all stormwater discharges associated with industrial activity that are authorized by this chapter and by the NPDES permit for those discharges from industrial activities are eliminated, or where the operator of stormwater discharges associated with industrial activity at a facility changes, the operator of the facility shall submit to the Town Administrator a notice of termination (NOT) that includes the information required for notices of termination by part IX of the industrial general permit.
(B) Any owner of a facility with a stormwater discharge associated with industrial activity to which division (A) applies, whether or not he or she is an operator of the facility, is jointly and severally responsible for compliance with the best management practices (BMP) measures required in the SWPPP for the facility and for compliance with the effluent limitations for coal pile runoff and hazardous metals specified in divisions (A)(22) and (A)(23) above.
(C) Upon request by the Town Administrator, all owners and operators of any facility that experiences a problem complying with the requirements of this chapter, the industrial general permit or any applicable individual or group NPDES permit issued for stormwater discharges from the industrial facility, shall consult with the Town Administrator, any other representative of the city and any third-party designated by the city in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to the city's satisfaction, the city may in its discretion report the noncompliance to EPA and/or the state, and/or the city may itself undertake any enforcement action authorized by §§ 54.09, 54.11 or 54.12 of this chapter. Exercise of the city's option for consultation under this division shall not be a bar against or prerequisite for taking any other enforcement action against any owner or operator of the facility.
(Ord. 365, passed 12-12-2013)