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When it is deemed necessary by the City to sample any industrial wastes discharged into its public sewers, the industry or user shall bear all cost of said sampling. Normal operation of gauging and sampling of any manhole or any other point of discharge shall be the time required, as determined by the City, to obtain representative samples of the effluent discharged. Cost shall be as listed in Section 915.203. (Ord. 30-14. Passed 3-3-14.)
All cost for analytical tests, which are performed by the City Water Pollution Control laboratory, under the direction of the Chemist, and performed for an industry because of its discharge to a public sewer either to determine compliance with these rules and regulations or to determine a rate for surcharge, shall be borne by the owner or industry being tested. This rate will be as listed in Section 915.203.
(Ord. 30-14. Passed 3-3-14.)
The City shall collect fees as described below. The Water Pollution Control Board may periodically review and amend fees as necessary.
Test | 2014 Rate |
BOD | $25.00 |
COD | 25.00 |
TSS | 10.00 |
P | 15.00 |
pH | 5.00 |
Metals | 10.00 |
Hg (low-level) | 80.00 |
Phenolics | 33.00 |
Oil and Grease | 35.00 |
CN (total) | 25.00 |
CN (amenable) | 25.00 |
Cr (6+) | 20.00 |
Sampling Charge | 80.00 |
The City shall also collect the following fees:
(a) Inspection of industrial users | $60.00/hour; 1 hr. minimum |
(b) Renewal of Industrial Discharge Permit | $50.00/ year* |
(c) Plan and application review | Based on cost to City |
(d) Accidental discharge procedures | Based on cost to City |
(e) Industrial user orders issuances | $15.00 per 1,000 gallons per day not to exceed $1,500 per year |
*Example: fees for two-year and five-year permits would be $100.00 and $250.00, respectively. (Ord. 30-14. Passed 3-3-14.)
(a) Each industrial user shall provide protection from accidental discharge of prohibited or regulated materials or discharges established by this regulation. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. Each existing industrial user shall have completed its plan and shall have submitted same to the City by January 1, 1983. No industrial user who discharges to the City after the aforesaid date shall be permitted to introduce pollutants into the POTW until accidental discharge protection procedures have been approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this regulation.
(b) Users shall notify the Superintendent of the treatment plant affected immediately upon the occurrence of any discharge, including, but limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or "slugload", that might cause potential problems for the POTW. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Within five days following an accidental discharge or slugload the user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to these rules and regulations.
(c) Any user who discharges a slugload or accidental discharge of prohibited materials shall be liable for any expense, loss or damage to the City, in addition to the amount of any fines imposed on the City on account thereof under State or Federal law.
(d) Signs shall be permanently posted in conspicuous places on industrial user's premises, advising employees whom to call in the event of a slugload or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure.
(e) Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.
(Ord. 30-14. Passed 3-3-14.)
(a) It shall be unlawful to discharge sewage, industrial wastes or other wastes into any sewer within the jurisdiction of the City, and/or into the POTW without a permit issued by the City and without first having complied with the terms of these rules and regulations. Wastewater discharge permits shall be conditioned upon the holders compliance with any additional pretreatment, additional operation and maintenance requirements, and schedules of compliance approved by the Water Pollution Control Board under Sections 915.302, 915.304, or 915.305.
(b) The Director may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of these rules and regulations.
(c) Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of these rules and regulations and subjects the wastewater discharge permittee to the sanctions set out in Sections 915.400 through 915.500. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local law.
(d) 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. Ninety days prior to connecting to or contributing to the POTW, all new sources must obtain a wastewater discharge permit.
(e) Wastewater pretreatment discharge permits shall be expressly subject to all provisions of these rules and regulations and all other applicable regulations, user charges and fees established by the City. Permits shall, to the extent applicable, contain the following, at a minimum:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(2) A statement that the wastewater discharge permit is non transferable without prior notification to the City in accordance with Section 915.301(j) of these rules and regulations, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Limits on average and maximum wastewater discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection land sampling facilities and equipment;
(5) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State or local law;
(6) Requirements to control slug discharge, if determined by the Director to be necessary;
(7) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;
(8) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(9) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(10) Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants or best management practice to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law
(11) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(12) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(13) A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the wastewater discharge permit; and
(14) Other conditions as deemed appropriate by the City to ensure compliance with these rules and regulations and State and Federal laws.
(f) Wastewater discharge permits are issued to a specific person for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new person, different premises, or a new or changed operation without the approval of the Water Pollution Control Board.
(g) One time discharge permits shall be required of any user when a single, isolated discharge of contaminated water into the sanitary sewer system is desired. The following information shall be provided to the City prior to the discharge:
(1) Location and address of the facility (water to be discharged);
(2) Description of the activity to take place;
(3) An explanation as to the source of the wastewater and an estimate of the quantity, including the estimated duration of the discharge;
(4) Analytical results for any constituents as required by the City. Sampling is to be provided by the user and shall meet all requirements of 40 CFR 136 or all other applicable standards;
(5) Once a determination has been made as to the suitability of the wastewater for discharge into the sanitary sewer system, written confirmation shall be sent to the user. The user may be required to provide one or more of the following:
A. Pretreatment equipment as required by the City;
B. Discharge flow metering;
C. Sampling and analytical results of the effluent from any pretreatment units (constituents of such a sample to be determined by the City);
D. Notification to the City upon commencement and completion of the discharge.
(6) Once discharge is completed, the user shall submit to the City payment in the amount of fifty dollars ($50.00) for administrative expenses and ten fifteen dollars ($15.00) per 1000 gallons of wastewater discharged. The Water Pollution Control Board may periodically review and amend fees as necessary. Payment shall be made to the City of Lorain Utilities Department; Pretreatment.
(h) An individual wastewater discharge permit shall be issued for a specific time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(i) The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local Pretreatment Standards or Regulations;
(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the individual wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 0CFR403.13;
(8) To correct typographical or other errors in the individual wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 915.301(j)
(j) Individual Wastewater Discharge Permit Transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the Water Pollution Control Board and the Chairman approves the wastewater discharge permit transfer. The notice to the Board must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
(k) The Director may revoke an individual wastewater discharge permit for good cause, including, but not limited to the following reasons:
(1) Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Director of changed conditions pursuant to Section 915.312 of these regulations.
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Director timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or these rules and regulations.
(l) Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.
(m) A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit. The Director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete permit application, the Director will determine whether to issue an individual wastewater discharge permit. The Director may deny any application for an individual wastewater discharge permit.
(n) Regulation of waste received from other jurisdictions. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the City shall enter into an intermunicipal agreement with the contributing municipality.
(1) Prior to entering into an agreement required above, the Director shall request the following information from the contributing municipality:
A. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
B. An inventory of all Users located within the contributing municipality that are discharging to the POTW; and
C. Such other information as the Director may deem necessary.
(2) An intermunicipal agreement shall contain the following conditions:
A. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and Local Limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in Section 915.103 of these regulations. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or Local Limits;
B. A requirement for the contributing municipality to submit a revised User inventory on at least an annual basis;
C. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Director; and which of these activities will be conducted jointly by the contributing municipality and the Director;
D. A requirement for the contributing municipality to provide the Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
E. Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
F. Requirements for monitoring the contributing municipality's discharge;
G. A provision ensuring the Director's access to the facilities of Users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Director; and
H. A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(Ord. 30-14. Passed 3-3-14.)
All industrial users shall complete and file with the City a baseline report in the forms provided therefore, upon request of the City. Industries regulated under the categorical pretreatment standards shall submit this baseline report to the City within 180 days after the promulgation of their respective categorical standards as required by 40 CFR Part 403. At least ninety days prior to commencement of discharge, new sources and industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the City a report which contains the information listed in this section. In addition, any industrial user operating on the basis of a previous filing of a baseline report, shall submit to the City within 180 days after the promulgation of an applicable categorical pretreatment standard, the additional information required by subsections (h) and (i) hereof. Any changes or new conditions in these regulations shall include a reasonable time schedule for compliance. The baseline report to be made by the industrial user shall be made on written forms and shall cover:
(a) Disclosure of name, address, and location of the industrial user;
(b) Disclosure of the Standard Industrial Classification (SIC) number;
(c) Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in these regulations, as determined by bonafide chemical and biological analyses. Sampling and analysis shall be performed as described in Section 915.306;
(d) Disclosure of time and duration of discharges;
(e) Disclosure of average daily wastewater flow rates in gallons per day, including daily, monthly and seasonal variations, if any;
(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) Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the POTW. New sources shall provide information on the method of pretreatment the source intends to use to meet applicable pretreatment standards;
(h) Disclosure of the nature and concentration of any pollutional parameters or materials prohibited by these regu1ations in the discharge, together with a statement regarding whether or not compliance is being achieved with these regu1ations on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the industrial user to comply with these regu1ations;
(i) Where additional pretreatment and/or operation and maintenance activities will be required to comply with these regu1ations, the industrial user shall provide a declaration of the shortest schedule by which the industrial user will 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 these regulations including, but not limited to dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with these regulations.
(2) Under no circumstances 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 dated 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.
(j) Disclosure of each product 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);
(1) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(m) Any information as may be deemed by the Director to be necessary to evaluate the permit application.
(Ord. 30-14. Passed 3-3-14.)
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