(A) Wastewater contribution information.
(1) The Director may require any industry or structure discharging process flow to the sanitary sewer, storm sewer, or receiving stream to file material listed below with the Director. Any industry which does not normally discharge to the sanitary sewer, storm sewer, or receiving stream, but has the potential to do so from accidental spills or similar circumstances, shall also file the information listed below.
(2) The Director may require each person who applies for or receives sewer service, or through the nature of the enterprise creates a potential environmental problem, to file the material listed below on a disclosure form prescribed by the village:
(a) Name, address, and location (if different from the facility address). Contact person at process wastewater discharge location and contact person's telephone number;
(b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 51.02 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with the procedures and methods detailed in:
1. Standard Methods for the Examination of Water and Wastewater, American Public Health Association, current edition;
2. Manual of Methods for Chemical Analysis of Water and Wastes, U.S. EPA, current edition; and
3. Annual Book of Standards, Part 131, Water, Atmospheric Analysis, American Society of Testing Materials, current edition.
(d) Time and duration of contribution;
(e) Average daily wastewater flow rates, including daily, monthly, and seasonal variations, if any;
(f) Industries identified as significant industrial users or those required by the village must submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation;
(g) Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged;
(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any village, state, or federal pretreatment requirements, and a statement regarding whether or not the pretreatment requirements are being met on a consistent basis and if not, whether additional O&M and/or additional pretreatment is required by the industrial user to meet applicable pretreatment standards;
(i) If additional pretreatment and/or O&M will be required to meet the pretreatment requirements, the shortest schedule by which the user will provide the additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule.
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards.
2. No increment referred to in division (A)(2)(i)1. above shall exceed 9 months.
3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on the 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 user to return the construction to the schedule. In no event shall more than 9 months elapse between the progress reports to the Director.
(j) Each product produced by type, amount, process or processes, and rate of production;
(k) Type and amount of raw materials processed, average and maximum per day;
(l) Number and type of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment system;
(m) Any other information as may be deemed by the village to be necessary to evaluate the impact of the discharge on the POTW;
(n) The disclosure form shall be signed by an authorized representative of the industrial user; and
(o) The village will evaluate the complete disclosure form and data furnished and may require additional information. Within 90 days after full evaluation and acceptance of the data furnished, the village shall notify the user of the acceptance thereof.
(B) Discharge modifications. Within 3 months after the effective date of the promulgation or revision of a National Categorical Pretreatment Standard, all affected users must submit to the village the information required by divisions (A)(2)(h) and (A)(2)(i) above.
(C) Discharge conditions. Wastewater discharges shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the village. The village may:
(1) Set unit charges or a schedule of user charges and fees for the wastewater to be discharged to the POTW;
(2) Limit the average and maximum wastewater constituents and characteristics;
(3) Limit the average and maximum rate and time of discharge or make requirements for flow regulations and equalization;
(4) Require the installation and maintenance of inspection and sampling facilities;
(5) Establish specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule;
(6) Establish compliance schedules;
(7) Require submission of technical reports or discharge reports;
(8) Require the maintaining, retaining, and furnishing of plant records relating to wastewater discharge as specified by the village, and affording the village access thereto, and copying thereof;
(9) Require prompt notification to the village in advance 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;
(10) Require immediate notification of all discharges that could cause problems to the sewer system, including slug discharges;
(11) Require other conditions as deemed appropriate by the village to ensure compliance with this chapter;
(12) Require waste treatment facilities, process facilities, waste streams, or other potential waste problems to be placed under the specific supervision and control of persons who have been certified by an appropriate State agency as properly qualified to supervise the facilities;
(13) Require records and file reports to be maintained on the final disposal of specific liquids, solids, sludge, oils, radioactive materials, solvents, or other wastes;
(14) Convert concentration-based National Categorical Pretreatment Standards to equivalent mass-based or production-based pretreatment requirements;
(15) Control through permit, order, or similar means, the contribution to the sewer system by each user to ensure compliance with applicable National Categorical Pretreatment Standards or Pretreatment Requirements. The control mechanism may limit duration to a maximum of 5 years, require nontransferability without appropriate prior notification, set effluent limits, establish monitoring and reporting requirements, and contain a statement of applicable penalties for violations; and/or
(16) Adjust National Categorical Pretreatment Standards to reflect the presence of pollutants in a user's intake water.
(D) Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by the pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by the pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified representative.
(E) Periodic compliance reports.
(1) Any user or new source discharging into the POTW shall submit to the Director during the months of June and December, unless required more frequently in pretreatment standard or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by the pretreatment standards or this chapter. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in division (C)(3) above. At the discretion of the Director and in consideration of the factors as local high or low flow rates, holidays, budget cycles, and the like, the Director may agree to alter the months during which the above reports are to be submitted.
(2) The Director may also impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases in which the imposition of mass limitations is appropriate. In those cases, the report required by division (E)(1) above shall also indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
(F) Monitoring facilities. The village may require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the village may, when the location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk areas and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with plans and specifications submitted to and approved by the village and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the village.
(G) Inspection and sampling. The village shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the village or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of any of their duties. The village, MDEQ, and EPA shall have the right to set up on the user's property the devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the village, MDEQ, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(H) Pretreatment.
(1) Industrial users 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 as specified by the Federal Pretreatment Regulations and as required by the village. Any facilities required to pretreat wastewater to a level acceptable to the village shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the village for review, and shall be approved by the village before construction of the facility. The review of the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the village 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 village prior to the user's initiation of the changes.
(2) The village shall annually publish in the major local newspaper a list of the users which were in significant noncompliance with applicable pretreatment standards and requirements during the previous 12 months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(I) Confidential information.
(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the village that the release of the information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
(2) When requested by the person furnishing a report, the portion of a report which might 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, or the pretreatment programs; provided, however, that the portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(3) Information accepted by the village as confidential shall not be transmitted to any governmental agency or to the general public by the village until and unless a 10-day notification is given to the user.
(J) Signatory requirements.
(1) All reports required by this section shall be signed by the authorized representative of industrial user and include the following certification statement: “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 in formation, the in formation 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 inform at/on, including the possibility of fine and imprisonment for knowing violations.”
(2) If the authorized representative of industrial user changes because a different individual has responsibility for the overall operation of the facility or for environmental matters of the company, a new authorization satisfying the requirements of § 51.02, must be submitted to the village prior to or together with any reports to be signed by that representative.
(Ord. 247, passed 2-2-2004) Penalty, see § 51.99