935.14 INDUSTRIAL WASTEWATER PERMITTING PROGRAM.
This chapter authorizes the creation of the "City of Mansfield; Industrial Pretreatment Program (IPP)" under separate cover. The detailed descriptions, applications, permits and forms comprising this program are located within the IPP and are maintained under the control of the Plant Manager and administered by the Environmental Control (EC) Supervisor. The IPP will contain these elements:
(1) Industrial Users
(2) Significant Industrial Users
(b) Industrial Waste Survey and Wastewater Baseline Analyses Forms.
(c) Industrial Discharge Permit Applications.
No Significant Industrial User shall discharge wastewater into the POTW without first obtaining an Industrial Discharge Permit (IDP). Other Users may also be required to obtain an IDP, at the discretion of the EC Supervisor. All Industrial Users will follow the application procedures as described in Section 935.11
.
(1) Any existing User required to obtain an IDP, who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall within 90 days, submit a completed IDP Application and Waste Survey to the EC Supervisor.
(2) Obtaining an IDP does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or with any other requirements of Federal, State, and local law.
(3) The EC Supervisor will evaluate the IDP application and data furnished by the User and may require additional information. Within 30 days of receipt of a complete permit application, the EC Supervisor will determine whether to issue an individual wastewater discharge permit. The EC Supervisor may deny any application for an IDP.
(4) Once the IDP permit has been issued, the EC Supervisor will perform baseline monitoring of the User within 90 days of commencing discharge to the POTW, as described in Section 935.11
.
(5) A new permit application is required every five (5) years in order to renew the IDP.
(d) Signatory Requirements and Certifications.
All applications and User reports submitted to the City, must be signed by an Authorized Representative of the User (as defined in Section 935.02
), and contain 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 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 fine and imprisonment for knowing violations."
(e) Industrial Discharge Permit Contents.
IDPs issued by the City shall include such conditions that are deemed reasonably necessary by the EC Supervisor to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. Each IDP shall contain:
(1) A specific permit issuance date, expiration date and effective date. An IDP shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An IDP may be issued for a period of less than five (5) years, at the discretion of the EC Supervisor.
(2) The following statement: "Compliance with this permit does not relieve the permittee of its obligation to comply with any or all applicable pretreatment regulations, standards, or requirements under local, state, and federal law, including any such regulations, standards, requirements, or laws that may become effective during the terms of this permit. There are applicable civil and criminal penalties for violation of the Pretreatment Standards and Requirements, and any applicable compliance schedule."
(3) Opportunity for Appeal - If a User wishes to appeal or challenge any conditions imposed in the IDP, a written request may be filed for modification or rescission of this permit with the EC Supervisor within 30 days of the effective date of the IDP.
(4) A description of the location of the User's discharge outfall(s) and all applicable effluent limits, including any Best Management Practices (BMPs) required.
(5) All monitoring, sampling and record keeping requirements. These requirements shall include an identification of pollutants (or BMPs) to be monitored, the sampling location, sampling frequency, and sample type based on Federal, State, and/or local law.
(6) All reporting requirements, including self-monitoring, BMP compliance, and accidental discharges. The IDP shall specify the notification and reporting procedures including addresses and telephone numbers as applicable.
When compliance with a BMP or a pollution prevention alternative is required, documentation shall be included with all periodic compliance reports to determine the compliance status of the User.
(7) Any special conditions or special monitoring requirements that the EC Supervisor deems necessary to ensure the User's compliance with this chapter, and State and Federal laws, rules, and regulations; including:
A. User requirements to control Slug Discharges and/or development of a Slug Discharge Control Plans as described in Section 935.10
.
B. Compliance plan and schedule to meet one or more of the wastewater discharge limitations within the User's IDP.
C. User requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices.
D. Reopener clause allowing the City to modify the User's IDP at any time due to any of the following changes:
2. Incorporation of special conditions resulting from the issuance of a special order.
3. Promulgation of new Federal Pretreatment Standards.
4. Any permit modification which results in new conditions in the permit shall include a reasonable time schedule for compliance.
(f) Additional Procedures for Operation of the IPP:
(1) User Inspections by the City
(2) City Sampling of Users
(3) User Reporting Requirements
(4) User Upset or Bypass Notification
(g) Local Limits which are established to protect the POTW against pass through and interference and the technical justification analyses are detailed in the IPP. The current local limits are also listed in Section 935.09
.
(1) Users must comply with all prohibitions and local limits listed in these sections.
(2) Users that are subject to any categorical pretreatment standard (40 CFR 405-471) must also meet all limits as established in the applicable regulation, unless any local limit is more stringent that the categorical limit, in which case the local limit takes precedence.
(3) When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an Industrial User may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the EC Supervisor. The Industrial User must also meet all the conditions of 40 CFR part 403.6(c)(5).
(4) The City may also convert mass limits of a categorical pretreatment standard to concentration limits for purposes of calculating limitations applicable to individual Industrial Users under the following conditions: When converting such limits to concentration limits, the Control Authority must use the concentrations listed in the applicable subparts of the standard and document that dilution is not being substituted for treatment as detailed in 40 CFR part 403.6 (d).
(h) Enforcement Response Plan.
The Enforcement Response Plan (ERP), is to be used as a guidance document for the City, and implemented as necessary by the EC Supervisor, in enforcing the Mansfield IPP. The ERP plan shall contain procedures indicating how the City will investigate and respond to instances of User noncompliance. The ERP shall describe the types of escalating enforcement the City will take in response to anticipated types of industrial user violations and the time periods within which responses will take place. The ERP also includes judicial enforcement remedies that can be implemented by the City if necessary.
The City retains the right to make case-by-case enforcement decisions and settlements which may or may not exactly follow the ERP.
(Ord. 16-172. Passed 8-2-16.)