935.11 WASTEWATER DISCHARGES.
No person shall discharge sewage, industrial wastes or other wastes to any sewer outlet within the jurisdiction of the City, without having first complied with the terms of this chapter. All Users proposing to connect to or discharge sewage, industrial wastes and other wastes to the POTW shall be required to comply with the terms of Sections 935.08
and 935.09
. All industrial users shall also comply with all provisions and procedures set forth in the City of Mansfield's Industrial Pretreatment Program (IPP). Industrial Users that are required by the Public Works Director to obtain an Industrial Discharge Permit shall also be subject to the terms of Section 935.14.
(a) Industrial Waste Survey.
(1) General disclosure. All industrial dischargers proposing to connect to or discharge sewage, industrial wastes, and other wastes to the POTW shall apply for a permit application from the Public Works Director and comply with all terms of this chapter.
A. Disclosure of name, address and location of the discharger.
B. Disclosure of Standard Industrial Classification (SIC) number according to Standard Industrial Classification Manual, and a list of all environmental control permits.
C. Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this chapter, including Appendices A, B and C 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 CFR, Part 136, as amended.
D. Disclosure of time and duration of discharges.
E. Disclosure of average daily and instantaneous peak, if known, wastewater flow rates, in gallons per day including daily, monthly and seasonal variations, if any known. The Industrial User shall make distinction between process and non-process wastewater flows. All flows shall be measured unless other techniques are approved by the Public Works Director due to cost or non-feasibility.
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 sewer or works of the POTW.
H. Disclosure of the type 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. Disclosure of each product produced by type, amount, process or processes and rate of production.
J. Disclosure of type and amount of raw materials utilized (average and maximum per day).
K. All disclosure forms shall be signed by a principal executive officer of the discharger.
The City shall evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Upon reviewing the completed disclosure form and making an onsite inspection. All nondomestic process discharges will be regulated by a discharge permit issued to the industrial user by the City. The City has the authority to issue and revoke discharge permits for violations of this chapter.
Within thirty days after full evaluation and acceptance of the data furnished, the City shall notify the discharger of the City's acceptance or non-acceptance thereof. An approved disclosure form is necessary to meet the requirements of this chapter. Disclosure forms will be updated every five years for dry industrial users and yearly for wet industrial users.
(2) Additional pretreatment. Where additional pretreatment and/or O & M activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. The discharger's declaration shall be known as the Compliance Schedule and shall be subject to the following requirements:
A. The schedule shall contain milestones dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger 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 contracts for major components, commencing construction, completing construction, and all other acts to achieve compliance with this chapter.
B. Under no circumstances shall the City permit any single step to exceed ninety days.
C. Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City, 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 steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
The City will evaluate the compliance schedule furnished by the discharger and may require additional information. Within thirty days after full evaluation of the compliance schedule, the City shall notify the discharger of the City's acceptance or non-acceptance thereof. A violation of the accepted compliance schedule is a violation of this chapter.
Any existing industrial discharger subject to a National Categorical Pretreatment Standard or State Standards who has not submitted a Industrial Waste Survey and Baseline Monitoring Report (BMR), must submit the two reports no later than thirty days of becoming aware, or notification, that their discharge is regulated under a specific category.
Compliance must be achieved within three years of the standard's effective date unless a shorter compliance time is otherwise specified.
The BMR must contain production rates, flow rate and pollutant data, and in addition, any information required by the City. The form will be provided by the City or Environmental Protection Agency from the Pretreatment Sections.
All New Source National Categorical industries must submit a BMR and Industrial Waste Survey at least ninety days prior to commencement of discharge. The report must include pretreatment methods that will be employed, data production, flow rates, regulated pollutants and any other information required by the City. The discharge shall be in compliance upon commencement of discharge. If the discharge is not meeting effluent limitations a compliance schedule must be submitted and compliance obtained within ninety days. The same applies to existing users.
Existing industrial users as a result of promulgated categorical pretreatment standards will be considered existing industrial users except in cases where they meet the definition of a "new source".
All dischargers shall be informed of any proposed changes in this chapter at least thirty days prior to the effective date of the change. Any changes or new conditions shall include a reasonable time schedule for compliance. The limitations set on toxic pollutants shall be evaluated when one of the following conditions exists:
1. Biyearly or biannually depending on detectable pollutants.
2. Any time the effluent from the sewage treatment plant consistently is above or below the water quality standards or effluent limits established by the Ohio EPA.
(3) Wastewater discharge permit conditions. All industrial users discharging nondomestic wastewater into the sanitary sewer will be controlled through permits. The permits are enforceable and will contain at a minimum the following conditions:
A. Statement of duration including issuance and expiration dates.
B. Statement of non-transferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator;
C. Effluent limits based on applicable general pretreatment standards in 40 CFR Part 403, Local Limits as listed in Section 935.09
and State and Local Law; Categorical Pretreatment Standards shall be incorporated into industrial user permits when applicable.
D. Self-monitoring, sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 CFR Part 403.
E. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal dates.
F. Requirement for the development of a compliance schedule for attaining compliance by installing treatment technology to meet applicable Pretreatment Standards.
G. Requirements for developing and implementing a spill and slug control plan.
H. Any other condition deemed necessary by the Public Works Director to ensure compliance with this chapter.
(b) Reporting Requirements for Dischargers.
(1) Compliance data report. Within ninety days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this chapter or ninety days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger 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, and the average and maximum daily flow in gallons. 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 discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger.
(2) Hazardous waste notification. Industrial users are required to notify the Public Works Director, Ohio EPA and USEPA Region V, if they are disposing of any RCRA listed or characteristic hazardous waste, as defined in 40 CFR 261, by discharging it to a POTW. The IU is required to certify that they are implementing a program to reduce the amount of hazardous waste generated. This notification shall be in accordance with 40 CFR 403.12(p)(1).
USEPA Region V | Ohio EPA - DMWM |
Director of Hazardous Waste Management | Reporting Analysis and Data Management Unit |
Ralph Metcalfe Federal Building | P.O. Box 1049 |
77 West Jackson Blvd. | Columbus, Ohio 43216-1049 |
Chicago, IL 60604 |
(3) Notification of changes in discharge. All industrial users shall promptly notify the Public Works Director in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which the industrial user has submitted initial notification under subsection (b)(2) hereof.
The City shall deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable Pretreatment Standards and Requirements or where such contributions would cause the POTW to violate its NPDES permit;
(4) 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 City during the months of June and December unless required more frequently by the City, a report indicating for three consecutive days the nature and concentration of prohibited or regulated substances in the effluent which include the same sampling requirements as the discharger's initial BMR;
In addition, this report shall include the date the samples were taken, the exact location, method and time of sampling and the name(s) of the person or persons taking the samples; the date the analyses were performed; who performed the analyses; the analytical techniques/method used, pH and flow rates in gallons per day during the reporting period covered by the report. Flow 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.
In cases where the pretreatment standard requires compliance with a BMP or a pollution prevention alternative, documentation is required by the control authority or the pretreatment standard necessary to determine the compliance status of the user.
All reports and data concerning discharges to the POTW must be signed by a responsible corporate officer or his designated representative and contain the following Self-monitoring Certification Statement:
" I certify under penalty of law that the 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 fines and imprisonment for known violations. "
Signatory requirements:
1. A responsible corporate officer or his designated representative must be at least one of the following:
a. A President, Secretary, Treasurer, or Vice President of a corporation; or
b. A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively;
c. A duly authorized representative of the individual designated in paragraph 1.a. or b.;
and;
d. Authorized to make management decisions that govern the operation of the facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing comprehensive measures to assure long-term environmental compliance with environmental laws and regulations. Also to ensure that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements; and is assigned or delegated the authority to sign documents in accordance with corporate procedures.
2. The authorization is made in writing by the individual described in paragraph 1.a., b., or c.;
a. 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, or Well Field Superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
b. The written authorization is submitted to the Control Authority.
3. If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (3) of this section must be submitted to the Control Authority prior to or together with any reports to be signed by a responsible corporate officer or his designated representative.
All reports and data concerning discharge to the POTW must be designed by a responsible corporate officer or his designated representative. A letter delegating responsibility must be submitted to the Wastewater Plant indicating the designated representative's name and job title.
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.
Should a report of any daily composite sampling (National Categorical or Local Standards) show a violation of the maximum daily limits, the discharger shall notify the Control Authority within twenty-four hours of becoming aware of the violation and if directed by the Environmental Compliance Supervisor, commence fourteen (14) consecutive calendar days of sampling for the pollutant in violation. If the violation notice is given by phone a written notification must be received within ten working days. The sampling must be completed within 30 calendar days of first becoming aware of the pollutant in violation. If the analysis shows a violation, then the discharger will be notified that a compliance schedule is required. All additional monitoring beyond the minimum requirements must be reported. If the sampling indicates no additional violations, then no further action will be required by the discharger at the time.
Any substantial change in discharge of an industrial user's discharge must be reported by a responsible corporate officer or his designated representative in advance including the listed or characteristic hazardous waste for which the industrial user has submitted initial notification under 40 CFR Part 403.12 (p)(1). The City shall deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by industrial users where such contributions do not meet applicable pretreatment standards or such contributions would cause the POTW to violate its NPDES permit.
Where categorical standards allow a three-day average limit and the report of scheduled sampling shows the discharge exceeds the three-day average but within the maximum daily limit, the City will perform a second sampling for the parameter of concern. If the second sampling again indicates the discharge is in excess of the three-day average, the discharger will be notified and will be required to report seven days of sampling for that parameter to show the pollutant does not exceed allowable limits.
B. Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the date the samples were taken, exact location, method and time of sampling and the names of the person or persons taking the samples, the date the analyses were performed, who performed the analyses, the analytical techniques/method used, the results of the analyses, pH's and flow rates in gallons per day, making distinction between process and non-process wastewater flows. Mass concentration or production rates must be reported where required by the City.
All self-monitoring or verification sampling must include the following Certification Statement and be signed by a responsible corporate officer of the corporation or his designated representative:
"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 fines and imprisonment for known violations."
An explanation of a responsible corporate officer or his designated representative can be found in subsection(b)(4)A. hereof.
The frequency of monitoring by the discharger shall be as prescribed in the applicable National Categorical Pretreatment Standards or at intervals determined to be necessary by the City (issued in the discharge permit). If the pollutant concentration in the discharge is of such varying nature, or if there is a reasonable risk of a slug of a pollutant that a grab sample of the wastewater cannot be relied upon to furnish a representative analysis of the industry's discharge, then the City may require the installation of special sampling devices, on a case-by-case basis as determined by the City.
This may include a continuous sampling pump coupled to a flow meter in such a way that the size of the sample is proportional to the total flow (proportional sampling). The discharger shall be responsible for the collection and testing of the aforementioned samples. Samples shall be collected in such a manner as to be representative of the composition of the wastes. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.
Sampling and Analyses. Laboratory procedures used in the examination of industrial wastes shall be those set forth:
1. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate U.S. EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for hexavalent chromium, 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, or;
2. Any other technique approved by the Administrator of the U.S. EPA.
(c) Monitoring Facilities. Each discharger shall provide and operate at the discharger's own expense a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the discharger's premises, except where such a location would be impractical or cause undue hardship on the discharger. The City may concur with the facility being constructed in the public street or sidewalk area provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling 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 discharger. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within ninety days of receipt of written notice from the City directing the discharger to construct the facility.
All sewers shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four inches diameter and internal diameter of no less than forty-eight inches containing flow measuring, recording and sampling equipment as required by the City to ensure compliance with this chapter. Such structure may be utilized by the discharger for his monitoring program if approved by the City.
(d) Inspection and Sampling. The City may inspect the monitoring facilities of any discharger to determine compliance with requirements of this chapter. The discharger shall allow the City or its representatives to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling or records examination. The City shall have the right to set up on the discharger's property necessary devices to conduct sampling, inspection, compliance monitoring, metering, operations or all of these. The City shall have the right to copy the discharger's records relevant to determining compliance with the requirements of this chapter. If a violation occurs where City has performed the sampling and analysis in lieu of the Industrial User, the City shall perform the repeat sampling and analysis, unless it notifies the user of the violations and requires the user to perform the repeat analysis. If the City does sampling, they shall perform the repeat sampling with 30 days of violation unless notifying user and requiring user to perform the repeat sampling and analysis.
(e) 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 discharger specifically requests by stamping "confidential business information" on each page containing such information, 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 discharger. When requested by a discharger 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 National Pollutant Discharge Elimination System (NPDES) Permit, the State Disposal System Permit, the Pretreatment Programs, or all of these, 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 involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
If no claim of confidentiality is made at the time of submission, EPA or the City may make the information available to the public without further notice. Information accepted by the City as confidential shall not be transmitted to any part except as provided herein and unless a ten day notification is given to the discharger.
(Ord. 16-172. Passed 8-2-16.)