(a) Wastewater Discharges. No person shall discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City or to the POTW without having first complied with the terms of this chapter or other ordinances of the City and of the orders issued by the Director.
(b) Wastewater Discharge Data Disclosure and Permits.
(1) General disclosure and permits. All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this chapter within 90 days after the effective date of this chapter, unless an extension is granted by the Director.
(2) Baseline reports. All permitted industrial dischargers shall complete and file with the Director a baseline report in the form prescribed by the Director. Existing industrial dischargers shall file baseline reports within 90 days after the effective date of this chapter, and proposed new dischargers shall file baseline reports at least 90 days prior to connecting to the POTW. New sources shall also be required to include in this report information on the method of pretreatment the discharger intends to use to meet applicable pretreatment standards. This can be altered or extended by the Director to keep the costs down for the discharger. The report to be made by the discharger shall be made on written forms provided by the Director and shall cover at a minimum:
A. Disclosure of the name, address and location of the discharger;
B. Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
C. Disclosure of wastewater constituents and characteristics, including but not limited to those mentioned in this chapter, as established by the U.S. EPA, 40 C.F.R., as appropriate, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 C.F.R. 136, as amended;
D. Disclosure of the time and duration of discharges;
E. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured, unless other verifiable techniques are approved by the Director due to cost or nonfeasibility;
F. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances, by size, location and elevation;
G. A description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or works of the City;
H. Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with this chapter.
I. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operation 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 the additional pretreatment activities required for the discharger to comply with the requirements of this chapter, including but not limited to dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction and completing construction and all other acts necessary to achieve compliance with this chapter.
2. Under no circumstances shall the Director permit a time increment for any single step directed toward compliance which exceeds six months.
3. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger 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 discharger to return the construction to the approved schedule. In no event shall more than six months elapse between such progress reports to the Director.
J. Disclosure of each product produced by type, amount, process or processes and rate of production;
K. Disclosure of the type and amount of raw materials utilized (average and maximum per day); and
L. Any discharges of petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, if discharged in amounts that can pass through or cause interference. This also includes the same restrictions to all biodegradable oils and grease of vegetable oil origin that also can pass through and cause interference.
1. All baseline reports shall be signed by the authorized representative of the discharger and certified to by a qualified professional engineer. All permitted industries shall have an inspection and sampling manhole or structure (with an opening of no less than 24 inches diameter and an internal diameter of no less than 48 inches) containing flow measuring, recording and sampling equipment as required by the City to assure compliance with this chapter.
2. The Director shall evaluate the complete baseline report and data furnished by the discharger and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the Director shall notify the discharger of the City's acceptance thereof. The Director may issue orders to any discharger to require compliance with any requirements under this chapter, including applicable categorical pretreatment standards, other discharger limits and reporting requirements.
3. No person shall access the sewer system or POTW for any activity, including the discharge of hauled septic or industrial wastes. Any removal of manhole lids, or any other access to the sewer system for the purpose of discharging wastes, without the express written permission of the Director, shall be considered a violation of this chapter and shall be subject to enforcement action, including fines and penalties allowed under this chapter.
(3) Permit application. Industrial dischargers required to obtain a wastewater discharge permit shall complete and file with the City an application in the form prescribed by the City, as recommended by the Director. Existing major significant industries and minor significant industries shall apply for a wastewater discharge permit within a period established by the POTW, but not to exceed 45 days after the notification by the Director. Proposed new industrial dischargers shall apply least 90 days prior to connecting to or contributing to the POTW. In support of the application, the industrial discharger shall submit, in units and terms appropriate for evaluation, the information listed in division (B)(2) of this section. The Director shall evaluate the data furnished by the discharger and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue a wastewater discharge permit, subject to terms and conditions provided herein. The Director reserves the right to request additional information where reasonable. The Director reserves the right to deny or condition new or increased contributions of pollutants or change of pollutants for all dischargers at any time.
(4) Standards modification. The BPU reserves the right to amend this chapter and the terms and conditions thereof in order to assure compliance by the City with applicable laws and regulations. Upon notification of changes in the of a National Categorical Pretreatment Standard, this chapter and/or the wastewater discharge permit subject to such standards shall be amended to require compliance by dischargers with such standards within the time frame prescribed by such standards. Where a discharger subject to a National Categorical Pretreatment Standard has not previously submitted a baseline report, as required by division (B)(2) of this section, and/or an application, as required by division (B)(3) of this section, the discharger shall file a baseline report and/or apply for a wastewater discharge permit with the Director within 60 days after the promulgation of the applicable National Categorical Pretreatment Standards by the U.S. EPA. In addition, any discharger operating on the basis of a previous filing of a baseline report and/or wastewater discharge permit shall submit to the City, within 60 days after the promulgation of an applicable National Categorical Pretreatment Standard, the additional information required by divisions (B)(2)(h) and (i) of this section. The discharger shall be informed of any proposed changes in this chapter at least 30 days prior to the effective date of change. Any changes or new conditions in this chapter shall include a reasonable time schedule for compliance.
(5) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. Permits shall contain the following:
A. Limits on the average and maximum wastewater constituents and characteristics;
B. Limits on the average and maximum rate and the time of discharge, or requirements for flow regulations and equalization;
C. Requirements for the installation and maintenance of inspection and sampling facilities;
D. Specifications for monitoring programs, which may include sampling locations, the frequency of sampling, the number, types and standards for tests and the reporting schedule;
E. A compliance schedule;
F. Requirements for submission of technical reports or discharge reports, as outlined in division (C) of this section;
G. Requirements for maintaining and retaining pretreatment facility records relating to wastewater discharge, as specified by the City, and affording the City access thereto;
H. Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
I. Requirements for notification of slug discharges pursuant to Section 1049.03; and
J. Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;
K. Other conditions as deemed appropriate by the City to ensure compliance with this chapter.
(6) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. The industrial discharger shall apply for permit re- issuance a minimum of 180 days prior to the expiration of the industrial discharger's existing permit. The terms and conditions of the permit, including the limitations and/or requirements identified in Section 1049.03, may be modified if a just cause exists. The industrial discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(7) Permit transfer. Wastewater discharge permits are issued to a specific industrial discharger for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, a new industrial discharger, a different premises or a new or changed operation without the approval of the City. Any succeeding owner or industrial discharger shall also comply with the terms and conditions of the existing permit.
(c) Compliance Reports.
(1) Compliance date report.
A. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any discharger subject to pretreatment standards and requirements shall submit to the Director a report containing information as indicated in division (B)(5)(d) through (f) of this section. 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 discharger into compliance with the applicable pretreatment standards or requirements. 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.
B. For dischargers subject to equivalent mass or concentration limits established by the Director in accordance with the procedures in 40 C.F.R. 403.6(c), this report shall contain a reasonable measure of the discharger's long-term production rate. For all other dischargers subject to categorical pretreatment standards, expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the discharger's actual production during the appropriate sampling period. This period shall be signed by an authorized representative of the discharger.
(2) Periodic compliance reports.
A. Any discharger 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 discharger, after commencement of the discharge to the City, shall submit to the Director during the months of June and December, unless required more frequently by the Director, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof and any documentation indicating compliance with any best management practices when determined to be necessary. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement, provided, however, that where cost or feasibility considerations justify, the Director 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. Reports from dischargers must be signed by an authorized representative of the discharger. All sampling results obtained by the discharger shall be reported to the Director, including any sampling performed more frequently than required. Dischargers shall notify the Director, in writing, within 24 hours if any sampling results violate applicable pretreatment limits. The discharger shall repeat the sampling and analysis for those parameters in violation and shall resubmit the results within 30 days of becoming aware of the violation.
B. Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or the production and mass, and any documentation associated with best management practices established where required by the City. The frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard of this chapter. All analyses shall be performed in accordance with 40 C.F.R. 136 and amendments thereto. Where 40 C.F.R. 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 U.S. EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA. The user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge, losing protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. For sampling required in support of baseline monitoring and 90-day compliance reports required, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum.
C. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.
(3) Reporting requirernents for dischargers not subject to categorical pretreatment standards. The Director shall require appropriate reporting from those dischargers with discharges that are not subject to categorical pretreatment standards.
(4) Recordkeeping. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Director.
(d) Monitoring Facilities (Sampling Manhole).
(1) Each discharger shall provide and operate, at the discharger's own expense, a sampling manhole to allow inspection, sampling and flow measurement of each sewer discharge to the City. Each sampling manhole shall be situated on the discharger's premises, except that where such a location would be impractical or cause undue hardship on the discharger, the City may permit the sampling manhole to be constructed in the public street or sidewalk area, provided that the location will not be obstructed by landscaping or parked vehicles.
(2) There should be ample room in or near such sampling manhole to allow accurate sampling and preparation of samples for analysis. The sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition, at the expense of the discharger.
(3) All sampling manholes shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of a permit therefor by the discharger or a time frame agreed to by the Director for extension.
(4) A sampling weir box would be an acceptable alternative to a sampling manhole, as long as access to this weir box can be made at any time by the City.
(e) Inspection and Sampling.
(1) The City may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the Director or his or her representatives to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling, examining and/or copying records. The City shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
(2) Where a discharger has security measures in force which would require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(f) Pretreatment.
(1) Industrial dischargers shall provide necessary wastewater treatment, as required to comply with this chapter, and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations specified by the National Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the discharger's expense.
(2) Detailed plans showing the industrial discharger's pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. Plans shall be designed by a qualified professional engineer. The review of such plans and operating procedures shall in no way relieve the discharger from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the discharger's initiation of the changes.
(g) Confidential Information.
(1) Information and dates furnished to the City by the industrial waste questionnaire forms, with respect to the nature and frequency of discharges, shall be available to the public or any governmental agency without restriction, unless the discharger 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 of the discharger.
(2) When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets 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, the 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 discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(h) Reporting Requirements for City. The City will forward pertinent information regarding changes in the National Pretreatment Categorical Standards to industries affected if the information received by the City from the EPA does not indicate that industry has already been informed by the EPA.
(i) Notification of Changed Discharge. All dischargers shall promptly notify the Director at least 30 days 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 industrial user has submitted initial notification under 40 C.F.R. 403.12(p) or its successor.
(Ord. 180-06. Passed 1-4-07; Ord. 102-11. Passed 2-3-11.)