(A) Wastewater discharge permits. All industrial users proposing to connect to or to discharge into a public sewer shall obtain a wastewater discharge permit from the city before connecting to or discharging into said public sewer. All existing industrial users connected to or discharging into a public sewer shall obtain a wastewater discharge permit within 90 days after the effective date of these regulations.
(B) Permit application. Users seeking a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, and accompanied by the applicable fees.
(1) The applicant may be required to submit, in units and terms appropriate for evaluation, the following information.
(a) Name, address, and standard industrial classification number of applicant.
(b) Volume of wastewater to be discharged.
(c) Wastewater constituents and characteristics including, but not limited to, those mentioned in sections of these regulations as determined by a laboratory approved by the city.
(d) Time and duration of discharge.
(e) Average and 30-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location, and elevation.
(g) Description of activities, facilities, and plan processes on the premises including all materials, processes, and types of materials which are, or could be, discharged.
(h) Each product produced by type, amount, and rate of production.
(i) Number and type of employees, and hours of work.
(j) Any other information as may be deemed by the Director of Public Works to be necessary to evaluate the permit application.
(2) The Director of Public Works will evaluate the data furnished by the applicant and may require additional information. After evaluation and approval of the application, the Director may issue a wastewater discharge permit subject to the terms and conditions provided herein.
(C) Permit conditions. Permits must contain, but not be limited to, the following:
(1) The average and maximum wastewater constituents and characteristics;
(2) Limits on rate and time of discharge or requirements for flow regulations and equalization;
(3) Requirements for installation or inspection, flow metering, and sampling facilities;
(4) Pretreatment requirements;
(5) Specifications for monitoring programs including identification of pollutants to be monitored, sampling locations, frequency and method of sampling, number, types, and standards for tests, and reporting schedule;
(6) Requirements for submission of technical reports or discharge reports;
(7) Requirements for maintaining and retaining plant records for a minimum of three years relating to wastewater discharge as specified by the city, and affording the city the right to inspect and copy such records;
(8) Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as defined by § 5-4.05(C)) are proposed or present in the user's wastewater discharge;
(9) Compliance schedule;
(10) Permit fee as established by Council resolution;
(11) Other conditions as deemed appropriate by the Director of Public Works to ensure compliance with these regulations; and
(12) Statement of applicable civil and criminal penalties for violation of standards, requirements, or compliance schedules.
(D) Duration of permit. Permit shall be issued for a specified time period, not to exceed five years. The terms and conditions of the permit may be subject to modification and change by the city during the life of the permit as limitations or requirements are modified and changed. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a time schedule for compliance.
(E) Transfer of permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new user, different premises, or a new or changed operation. A new wastewater discharge permit will be required for a new user, a different location, or a new or changed operation.
(F) Notification of changed discharge. All IUs, permitted and nonpermitted, shall promptly notify the POTW in advance of any substantial change in the volume, character, or constituents of the pollutants in their discharge, or any facility changes affecting the potential for a slug discharge.
(G) Revocation of permit. Any user who violates the following conditions of the permit, or who violates applicable state and federal regulations, is subject to having his or her permit revoked.
(1) Failure of the user to factually report the wastewater constituents and characteristics of his or her discharge;
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics; or
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(H) Permit denial/condition. The city reserves the right as to any IUs to deny or condition a permit due to new source or increased contribution of pollutants or change in the nature of pollutants where these contributions do not meet these pretreatment standards and requirements, or when these contributions would cause the POTW to violate its waste discharge requirements.
(I) Monitoring facilities. The city may require the user to construct, at its own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user's expense. The monitoring facility shall be situated on the user's premises unless exemption from this requirement is granted by the city.
(1) The monitoring facility shall include accommodations to allow access by city personnel, such as a cover secured with a city lock. There shall be ample room in or near such monitoring facilities to allow accurate sampling, flow measuring, and compositing of samples for analysis. The monitoring facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(2) The sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable construction standards and specifications. Construction shall be completed within 90 days following written notification by the Director, unless a time extension is otherwise granted by the Director.
(J) Inspection and sampling. The city may inspect the facilities of any user to ascertain whether the provisions of these regulations are being met and all requirements are being complied with. The user shall allow the city or its agents ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling in the performance of any of their duties. The city shall have access to inspect and copy records. The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. All wastewater sampling and analyses shall be conducted using the methods, procedures, and requirements set forth in 40 C.F.R. pt. 136.
(K) Monitoring and analysis to demonstrate continued compliance. Except in the case of non-significant categorical users, the reports required in 40 C.F.R. §§ 403.12(b), (d), (e), and (h) shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the city in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under 40 C.F.R. §§ 403.12(b)(6) and (d). In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
(1) The industrial user shall incorporate, record, and report any economically practical best management practices that reduce the volume and/or toxicity of wastes generated.
(2) If sampling performed by an industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation. Where the city has performed the sampling and analysis in lieu of the industrial user, the city must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:
(a) The city performs sampling at the industrial user at a frequency of at least once per month; or
(b) The city performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling.
(L) Compliance progress reporting. As specified in 40 C.F.R. § 403.12(c), nonpermitted users may be required to submit compliance schedules and technical or discharge reports prior to installation of pretreatment facilities or obtaining a permit.
(M) Categorical IU reporting requirements. In addition to reporting requirements outlined in § 5-4.07(C), each categorical IU is required to submit to the city a baseline monitoring report (BMR), a report on compliance with the industry's categorical deadline, a compliance schedule progress report, or periodic compliance report as specified in 40 C.F.R. §§ 403.12(b) - (h). Reports must be signed and certified as specified in 40 C.F.R. § 403.12(l).
(N) Notice of noncompliance. Every IU is required to notify the city within 24 hours and resample the discharge for any violation, as evident by the IU sampling, of the pretreatment standards and requirements. The resampling results must be submitted to the city within 30 days of the violation.
(O) Public notice of significant noncompliance. IUs found to be in significant noncompliance with these pretreatment requirements during the previous 12 months shall be subject to at least annual public notification in the largest daily newspaper published in the municipality. The city will publish details of significant noncompliance by any and all IUs in the local newspaper or a newspaper of general circulation during January of each year. All cost relating to said annual publication shall be borne by the subject IUs. For the purposes of this provision, a significant industrial user or any industrial user which violates paragraphs 40 C.F.R. §§ 403.8(f)(2)(viii)(A) - (H) is in significant noncompliance.
(P) Pretreatment. Users shall make wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pretreat wastewater to meet these regulations shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating and maintenance procedures shall be submitted to the city for review, and must be acceptable to the city before construction of the facility. The review of such plans and operation and maintenance procedures will in no way relieve the user from the responsibility of modifying the facility, as necessary, to produce an effluent acceptable to the city under the provisions of these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported in writing to and be acceptable to the city.
(Q) Protection from accidental discharge.
(1) Each user shall provide procedures and facilities for protection of the sewer system from accidental discharge of prohibited materials or other pollutants restricted by these regulations. Such facilities shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be acceptable to the city before construction of the facility.
(2) The review of such plans and operation procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this section.
(R) Slug discharge control.
(1) The POTW will evaluate the need to implement a plan to control slug discharges within a year of a discharger being designated as an SIU. If it is decided that a plan is needed, the plan shall contain, as a minimum, the following items:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW of any accidental or slug discharge which cause pass through or interference, pollutants which create a fire or explosion hazard, cause corrosive structural damage, have a pH lower than 5.0, solid or viscous pollutants which will cause obstruction to the POTW flow, pollutants (including oxygen demanding pollutants) released at a flow rate and/or pollutant level which will cause interference with the POTW, heat in amounts which will inhibit biological activity in the POTW or present in such quantities that the temperature at the treatment plant exceeds 40°C, oils (petroleum, non-biodegradable cutting oil, or products of mineral oil) in quantities that will cause interference or pass through, pollutants which result in the presence of toxic gases, vapors, or fumes at a level that may cause acute worker health and safety problems, and discharge of any trucked or hauled pollutants except at discharge points designated by the POTW; and
(d) 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 pollutants (including solvents), and/or measures and equipment for emergency response. Slug control requirements must be referenced in SIU control mechanisms.
(2) The POTW will re-evaluate each SIU at least once every two years to determine the need for a slug discharge control plan.
(S) Notification of discharge.
(1) All users shall immediately notify the city upon accidental or slug discharging wastes in violation of these regulations to enable countermeasures to be taken by the city to minimize the damage to the public sewer, treatment facility, treatment processes, and the receiving waters.
(2) This notification shall be followed, immediately, on the day of occurrence by the submission to the city of a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss, or damage to the public sewer, treatment plant, or treatment process, or for any fines imposed on the city on account thereof.
(T) Notification of hazardous waste discharge. All IUs must notify, in writing, the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of any discharge into the POTW of a substance which would be classified as hazardous waste by 40 C.F.R. pt. 261.
(1) The notification must include, at a minimum, the following:
(a) The name of the hazardous waste material;
(b) The EPA hazardous waste number; and
(c) The type of discharge. If the IU discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the IU:
(i) An identification of the hazardous constituents contained in the wastes.
(ii) An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month.
(iii) An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.
(2) All notification must take place within 180 days of the effective date of this section.
(U) Notice to employees. To inform the employees of the user of the city's requirement, users shall make available to their employees copies of these regulations and together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of these regulations.
(V) Confidential information. Unless the user requests otherwise, all information and data from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public.
(1) If the user is able to demonstrate to the satisfaction of the city that the release of the above information would divulge proprietary processes, trade secrets, or information that would be detrimental to the user's competitive position, such information, with the exception of effluent data, may be considered confidential and withheld from the public.
(2) The user's effluent data wastewater constituents and characteristics are considered not confidential and shall be made available to the public without restriction.
(W) Special agreements. Special agreements and arrangements between the city and any user may be established when, in the opinion of the city, unusual or extraordinary circumstances compel special terms and conditions. However, pretreatment standards in special agreements between the city and users shall not exceed national pretreatment standards.
(X) Severability. If any provision, paragraph, word, section, or article of these regulations is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.
(Ord. 895 C.S., passed 3-21-12)