(a) Baseline Monitoring Reports for Industrial Users. Significant industrial users shall complete and file with the City a baseline monitoring report in the form prescribed by the City, and accompanied by the appropriate fee. Existing significant industrial users who have not previously submitted a baseline monitoring report shall file a baseline monitoring report form within sixty days after the effective date of this chapter, and proposed new sources shall file their baseline monitoring reports at least ninety days prior to connecting to the treatment works. The report to be made by the industrial user shall be made on written forms provided by the City, shall be signed and shall meet the signatory requirements of subsection (h) hereof, and shall be certified by a professional engineer. The industrial user shall provide the following information:
(1) Wastewater discharge peak rate and volume over a specified time period;
(2) Chemical analyses of wastewaters, which shall include metals, oil & grease, cyanide, pH, CBOD, and TSS at a minimum, with additional parameters at the City's discretion, depending on the nature of the industrial discharge;
(3) Information on raw materials, processes and products affecting wastewater volume and quality;
(4) Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control;
(5) A plot plan of sewers on the user's property showing sewer and pretreatment facility location;
(6) Details of wastewater pretreatment facilities;
(7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer;
(8) Disclosure of standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended or the North American Industry Classification System, OMB, 1997, as amended;
(9) Statement of compliance or noncompliance with applicable pretreatment standards;
(10) Compliance schedule as in subsection (b) hereof, if required;
(11) Disclosure of each product produced by type, amount, process or processes and rate of production;
(12) Disclosure of the type and amount of raw materials utilized;
(13) Such other information as may be required by the City's NPDES permit.
(b) Compliance Schedule. Where additional pretreatment and/or operation and maintenance activities shall be required to comply with this chapter, the industrial user shall provide a declaration of the shortest schedule by which the discharger shall provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
(1) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.
(2) Under no circumstance shall the Director permit a time increment for any single step directed toward compliance which exceeds nine months.
(3) Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the Director.
(c) Amendment to Incorporate National Categorical Pretreatment Standards. The City reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance by the City with applicable federal and state laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, this chapter shall be amended to require compliance by users with such standards within the time frame prescribed by such standards. All National Categorical Pretreatment Standards adopted after the promulgation of this chapter shall be adopted by the City as part of this chapter, by reference. Where a user, subject to National Categorical Pretreatment Standards, has not previously submitted a baseline monitoring report, the user shall file a baseline monitoring report with the City within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any user operating on the basis of a previous filing of a baseline monitoring report shall submit to the City within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the additional information required by subsection (e) hereof. The user shall be informed by the Director of any proposed changes in this chapter at least thirty days prior to the effective date of change. Any changes or new conditions in this chapter shall include a reasonable time schedule for compliance.
(d) National Categorical Pretreatment Standards. National Categorical Pretreatment Standards as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to The Clean Water Act (33 U.S.C. 1251 et seq.), as amended, shall be met by all categorical industrial users of the treatment works. Categorical standards for pretreatment of such pollutants are published under the appropriate subpart of 40 CFR Chapter I, Subchapter N, and are available from the Director. All owner(s) of any source to which categorical pretreatment standards are applicable shall be in compliance with such standards within the shortest reasonable time, but no later than the time prescribed by the standard for the applicable industrial category. The City reserves the right to convert mass per unit of production limits contained in National Categorical Pretreatment Standards to equivalent mass per day or concentration limits. If the City develops these equivalent limits, they are deemed pretreatment standards, applicable to categorical industrial users in lieu of the promulgated standards.
(e) Initial Compliance Report. Within ninety days following the date for final compliance by the significant industrial user with applicable pretreatment standards set forth in this chapter or within ninety days following commencement of the introduction of wastewater into the treatment works by the industrial user, any significant industrial user subject to this chapter shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, the average and maximum daily flow in gallons, and, if subject to production-based standards, the industrial user shall provide production data. Sampling and analysis of the typical wastewater discharge from the facility shall also occur, which shall follow the same requirements as outlined in paragraph (a)(2) hereof. The report shall state 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 industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user as required in subsection (h) hereof, and certified to by a professional engineer.
(f) Periodic Compliance Reports.
(1) Any significant industrial user subject to a pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or, in the case of a new significant industrial user, after commencement of the discharge to the City, shall submit to the City during the months of June and December, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in subsection (f) hereof. Flows shall be reported on the basis of actual measurement, provided, however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles or other extenuating factors, may authorize the submission of such reports on months other than those specified above.
(2) Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City, during the reporting period. The frequency of monitoring by the industrial user shall be as prescribed in the industrial discharge permit pursuant to Section 1040.121. The City shall require the frequency of monitoring necessary to determine compliance by industrial users with applicable pretreatment standards. All analyses shall be performed in accordance with 40 CFR, Part 136, and amendments thereto. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutant, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.
(3) If any industrial discharger subject to the reporting requirements in subsection (f) hereof, monitors any pollutant more frequently than required by the Director using procedures specified in paragraph (f)(2) hereof, the results of this monitoring must be included with any compliance reports required by the Director.
(g) Sampling Procedures.
(1) If sampling performed by an industrial user indicates a violation, the discharger shall notify the Director within twenty-four hours of becoming aware of the violation. The discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty days after becoming aware of the violation. The industrial user is not required to resample if:
A. The City performs sampling of all regulated parameters at the industrial user at least once per month; or
B. The City performs sampling at the industrial user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(2) If a violation is detected through sampling and analysis conducted by the City, the City shall perform the repeat sampling and analysis within 30 days of becoming of the violation unless the industry is notified of the violation and the City requires it to perform the repeat sampling and analysis.
(h) Signatory Requirements for Industrial User Reports. The reports required by subsections (a), (e) and (f) hereof shall include the certification statement set forth in paragraph (h)(5) hereof and shall be signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this paragraph, a responsible corporate officer means:
A. The president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
B. The manager of one or more manufacturing, production, or operation facilities who is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and of initiating and directing other comprehensive measures, to insure environmental compliance with environmental laws and regulations. Additionally, he/she must be responsible for ensuring that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements. Such an individual must be assigned or delegated the authority to sign documents in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship, respectively.
(3) By a duly authorized representative of the individual designated in paragraph (h)(1) or (h)(2) hereof:
A. The authorization is made in writing by the individual described in paragraph (h)(1) or (h)(2) hereof;
B. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
C. The written authorization is submitted to the Director.
(4) If an authorization under paragraph (h)(3) hereof 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 requirements of paragraph (h)(3) hereof must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.
(5) The certification statement shall read as follows: "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 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."
(i) Review of Design and Installation of Plants and Equipment. If any significant industrial user proposes to pretreat its wastes, the design and installation of the plants and equipment shall be subject to the review and approval of the Director and Ohio EPA.
(j) Effect of an Upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (k) hereof are met.
(k) Conditions Necessary for a Demonstration of Upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous, operating logs, or other relevant evidence that:
(1) An upset occurred and the industrial user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
(3) The industrial user has submitted the following information to the POTW within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
A. A description of the indirect discharge and cause of noncompliance;
B. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
C. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(l) Burden of Proof. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(m) User Responsibility in Case of Upset. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(n) Notification of problem discharges. All categorical and noncategorical industrial users shall notify the Director immediately of all discharges that could cause problems to the POTW, including any slug loadings by the industrial user. Any event of noncompliance with pretreatment standards shall be reported immediately to the POTW, upon first awareness of the commencement of noncompliance. Where such information is given orally, a written follow-up report thereof shall be filed by the user with the Director within five days. The report shall specify:
(1) Description of the noncompliance event, the cause thereof and the impact on a user's compliance status;
(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur;
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such other conditions of noncompliance.
(o) Slug Control Plan Requirements. All significant industrial users shall be evaluated for the need of a slug load discharge control plan at least once per permit cycle. If it is deemed to be necessary, the industry will have ninety days to develop such a plan and submit such plan to the City.
(p) Notification of Changes in Volume or Character of Pollutants. All industrial users shall notify the Director at least thirty days in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(q) Bypass Not Violating Applicable Pretreatment Standards or Requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of subsections (q) and (r) hereof.
(r) Notice of Bypass.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible at least ten days before the date of the bypass.
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Director within twenty-four hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
(s) Prohibition of Bypass.
(1) Bypass is prohibited and the Director may take enforcement action against an industrial user for a bypass, unless:
A. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
B. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
C. The industrial user submitted notices as required under subsection (q) hereof.
(2) The control authority may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (s)(1) hereof.
(t) Confidential Information. Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the industrial user specifically requests 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 or proprietary information of the user. When requested by an industrial user furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state disposal system permit and/or the pretreatment programs, provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the industrial user furnishing the report. Wastewater constituents and characteristics shall 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 notification is given to the industrial user.
(u) Non-Significant Categorical Industrial Users (NSCIU). If an IU wishes to be considered a NSCIU, the following will apply:
(1) The IU must submit annually to the POTW that contains the following certification statement: Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [specify applicable National Pretreatment Standard part or parts], I certify that, to the best of my knowledge and belief, during the period from [specify month, day, and year] to [specify month, day, and year]:
A. The facility described as [insert facility name] met the definition of a non-significant categorical industrial user as described in paragraph (N)(4) of rule 3745-3-01 of the Administrative Code;
B. The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
C. The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. The compliance certification is based upon the following information: Appropriate justification in support of this statement is required to be included with the certification statement. Appropriate justification may include water billing records, production records, etc.
(2) If the IU is located upstream of a combined or sanitary sewer overflow, the following additional requirements must be met for the application of this classification:
A. The IU cannot discharge wastewater that is regulated by categorical pretreatment standards;
B. The IU must not have been in SNC at any time in the past two years; and
C. Procedures for categorization of an IU as a NSCIU and the issues related to combined and sanitary sewer overflows must have been addressed through either:
1. The long-term control plan (LTCP);
2. An approved combined sewer system operation plan implementing the nine minimum controls; or
3. The program modification request.
(3) If an IU is determined to meet all of the above criteria to be reclassified as a NSCIU and is classified as such by the POTW, the POTW will evaluate and document, at least once per year, whether the IU continues to meet all of the requirements for the classification.
(Ord. 175-91. Passed 7-8-91; Ord. 156-13. Passed 8-5-13; Ord. 246-21. Passed 10-25-21.)