(A) General responsibilities. In addition to the general user requirements specified above, responsibilities of industrial users shall include the following:
(1) One person from each industrial user shall be delegated the authority to be responsible for industrial wastes admitted to the municipal sewers. Such person would be involved with maintaining the pretreatment facility operations and assuring a continual high level of performance. In case no pretreatment is provided, the person would be involved with the prevention of accidental discharges of process wastes admitted to the sanitary sewer system. The person must become aware of all potential and routine toxic wastes generated by their industry. The person must also be informed of all process alterations which could, in any manner, increase or decrease normal daily flow or waste strength discharged to the sanitary sewers.
(2) This industrial representative must catalog all chemicals stored, used, or manufactured by their industry. Such a listing should include specific chemical names, not manufacturer’s codes. Those wastes admitted to the sanitary sewer are a prime concern; however, all discharges should be cataloged. An estimate of daily average flows and strengths must be made including process, cooling, sanitary and the like. Such a determination should separate the flows according to appropriate categories. The aforementioned flow and chemical listing is to be sent to the city.
(3) The industrial representative shall determine whether or not large process alterations will occur during the next few years; 1 year, 2 years and 5 years. Management should be consulted to determine if such alterations are scheduled and forthcoming.
(4) A sketch of the plant building(s) must be made, including a diagram of process and chemical storage areas. Location of any pretreatment equipment should be indicated and floor drains located near process and storage areas should be noted. Manhole and sewer locations at the industry’s point of discharge into the municipal collection system should be included on the plant layout sketch.
(5) There must be separation of spent concentrations from the sanitary sewer to prevent toxic wastes from upsetting the wastewater treatment plan. Supervision and operation of the pretreatment equipment for spent concentrations as well as all toxic wastes and high strength organic wastes to an acceptable level as detailed in this subchapter is the responsibility of the industrial representative. All sludges generated by such treatment must be handled in an acceptable manner, such as designated areas of a sanitary landfill or by a licensed waste hauler. Adequate segregation of those waters and wastes to be pretreated to meet discharge limits is a vital portion of the industrial effort to prevent operational problems at the wastewater treatment plant.
(6) Throughout the industry, adequate secondary containment or curbing must be provided to protect all floor drains from accidental spills and discharges to the receiving sewers. Such curbing should be sufficient to hold 150% of the total process area tank volume. All floor drains found within the containment area must be plugged and sealed. Spill trough and sumps within the containment area must be plugged and sealed. Spill trough and sumps within process areas must discharge to appropriate pretreatment tanks. Secondary containment should be provided for storage tanks which may be serviced by commercial haulers and for chemical storage areas.
(7) An adequate sampling vault or manhole must be provided in an accessible place for the wastewater treatment plant personnel to obtain samples and flow measurement data. The complexity of the vault will vary with the sampling requirements the city determines necessary to protect the treatment plant and receiving stream. Should the city desire continual flow recording and long duration, 24-hour composite sampling, then a more complex manhole would be mandatory complete with 110-volt AC. Samples collected could be divided between the industry and city for analysis if so desired by the industry. The sampling vault should be located so as to give access by city personnel without entering the industrial property.
(8) 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 city that the release of the information would divulge information, processing or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing the report, the portion of the 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 subchapter. The National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit, and/or the pretreatment programs; wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a 10-day notification is given to the user.
(B) Wastewater contribution information. Any facility or structure discharging process flow to the sanitary sewer, storm sewer or receiving stream shall file the information 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. The Director may require each industrial user who applies for or receives sewer service, or through the nature of the enterprise creates a potential environmental problem, to file any or all of the information listed below on a disclosure form prescribed by the city:
(1) Name, address and location (if different from the address);
(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) Wastewater constituents and characteristics including but not limited to those mentioned in § 52.36 of this subchapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with the procedures and methods detailed in:
(a) Standard Methods for the Examination of Water and Wastewater, American Public Health Association, current edition;
(b) Manual of Methods for Chemical Analysis of Water and Wastes, United States Environmental Protection Agency, current edition; and
(c) Annual Book of Standards, Part 131, Water, Atmospheric Analysis, American Society of Testing Materials, current edition.
(4) Time and duration of contribution;
(5) Average daily wastewater flow rates, including daily, monthly and seasonal variations, if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
(7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by applicable city, state or federal pretreatment requirements, and a statement regarding whether or not the pretreatment requirements are being met on a consistent basis; if not, whether additional operation and maintenance and/or additional pretreatment is required by the industrial user to meet applicable pretreatment requirements;
(9) If additional pretreatment and/or O&M will be required to meet applicable pretreatment requirements, the shortest schedule by which the industrial user will provide the additional pretreatment. The completion date in this schedule shall not be later than the compliance date established by the applicable pretreatment standard. The following conditions shall apply to this schedule:
(a) 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.
(b) No increment referred to in division (B)(9)(a) above shall exceed 9 months.
(c) 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; if not, the report shall also include the date on which the user expects to comply with this increment of progress, the reason for delay, and the steps being taken to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Director;
(10) Each product produced by type, amount, process or processes and rate of production;
(11) Type and amount of raw materials processed, average and maximum per day;
(12) Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system; and
(13) Any other information as may be deemed by the city to be necessary to evaluate the impact of the discharge on the POTW. The disclosure form shall be signed by a principal executive officer of the user and a qualified engineer. The city 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 city shall notify the user of the acceptance thereof.
(C) Changed discharge.
(1) If any of the wastewater contributing information submitted in accordance with the above requirements should be changed, via planned facility or process modifications, the industrial user shall notify the city in advance of the changes.
(2) Within 3 months after the effective date of the promulgation or revision of a National Categorical Pretreatment Standard, all affected industrial users must submit or resubmit to the city the information required hereby.
(D) Discharge conditions. Wastewater discharges shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges, and fees established by the city. The city 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 and require submission of technical reports or discharge reports;
(7) Randomly sample and analyze effluent for industrial users and conduct surveillance activities, in order to establish compliance;
(8) Require the maintaining, retaining and furnishing of plant records relating to wastewater discharge as specified by the city, and affording city access thereto, and copying thereof;
(9) Require prompt notification of the city 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 POTW, including slug discharges;
(11) 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 such facilities;
(12) Require records and file reports to be maintained on the final disposal of specific liquids, solids, sludges, oils, radioactive materials, solvents, or other wastes;
(13) Control through permit, order, or similar means, the contribution to the POTW by each for a significant industrial 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. The control mechanism may also be modified where necessary to comply with this subchapter and state/federal requirements;
(14) Convert mass-based or concentration- based National Categorical Pretreatment Standards to equivalent concentration-based or production-based Pretreatment Requirements for a significant industrial user, and require compliance with these equivalent limitations in lieu of the original categorized standards;
(15) Adjust National Categorical Pretreatment Standards to reflect the presence of pollutants in a significant industrial user’s intake water;
(16) Grant removal credits to a significant industrial user subject to National Categorical Pretreatment Standard, provided it is in accordance with Title 40 C.F.R. § 403.7; and
(17) Require other conditions as deemed appropriate by the city to ensure compliance with this subchapter.
(E) Baseline reports.
(1) Within 180 days after promulgation or revision of an applicable National Categorical Pretreatment Standard, all existing industrial users so affected must submit to the city the information specified by Title 40 C.F.R. § 403.12(b)(1) through (7).
(2) At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable National Categorical Pretreatment Standard, shall submit to the city the information specified by Title 40 C.F.R. § 403.12(b)(1) through (5). New sources shall also include in this report information on the method of pretreatment they intend to use to meet the applicable pretreatment standard and shall give estimates of the required information regarding flow and pollutant discharge.
(F) 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 industrial 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 pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. Users subject to equivalent mass shall contain a reasonable measure of the long-term production rate. For users subject to categorical pretreatment standards expressed per unit of production, the report shall include the actual production during the sampling period. 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 will be signed by an authorized representative of the industrial user, and certified to by a qualified representative.
(G) Periodic compliance reports.
(1) All significant industrial users 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 such pretreatment standards or this subchapter. 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 such 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 significant industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases in which the imposition of mass limitations is appropriate. In such cases, the report required by division (G)(1) above shall also indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
(3) If a significant industrial user is subject to reporting requirements required to demonstrate continued compliance and monitors any pollutant more frequently than required by the city, using standard laboratory procedures, the results of this additional monitoring shall also be included in the periodic compliance report.
(4) If sampling performed by a significant industrial user indicated 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 submit the results of re-analysis to the city within 30 days after becoming aware of the violation, except when the city will be performing scheduled surveillance sampling/analysis within this 30-day period.
(H) Notification of hazardous waste discharges. All industrial users shall notify the POTW, the EPA regional waste management subchapter Director, and the state hazardous waste authority in writing of any discharge into the POTW of a substance which would be a hazardous waste under Title 40 C.F.R. part 261 if disposed via other means. Notification details, as well as allowable exemptions, shall be in accordance with Title 40 C.F.R. § 403.12(p). In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must provide notification of the discharge of the substance within 90 days of the effective date of the regulations. In the case of any notification of hazardous waste discharges, the user shall further certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(I) Monitoring facilities. The city may require to be provided and operated at any industrial 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 city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such 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 city and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city.
(J) Inspections. The city may inspect the facilities of any industrial user to ascertain whether the purpose of this subchapter is being met and the user is complying with all requirements. Persons or occupants of premises where wastewater is created or discharged shall allow the city 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 city, Michigan Department of Natural Resources and EPA shall have the right to set up on the user’s property such 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 city, Michigan Department of Natural Resources and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or Michigan Department of Natural Resources upon request.
(K) Containment. In addition to the general requirements for protection from accidental discharge of division (O) below:
(1) Any industrial user that has 1,000 gallons or more of an oil based chemical stored will provide 100% spill containment of that chemical; and
(2) Any industrial user that stores a substance that is on the Michigan Critical Materials List will store this material in an area with no drain and will further prevent this substance from reaching any storm drain, sanitary sewer, surface water or groundwater in the State of Michigan.
(L) Pretreatment. Industrial users shall provide necessary wastewater treatment as required to comply with this subchapter and shall achieve compliance with all applicable National Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations and as required by the city. Any facilities required to pretreat wastewater to a level acceptable to the city 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 city for review, and shall be approved by the city 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 city under the provisions of this subchapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
(M) Annual publication of noncompliance. The city will annually publish in the Independent Press a list of the significant industrial user(s) which were in significant noncompliance with any pretreatment requirements or standards during the 12 previous months. The notification will identify the nature of the violation and summarize any enforcement actions taken against the user(s) during the same 12 months.
(N) 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 city 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 subchapter, the National Pollutant Discharge Elimination System (NPDES) permit, or the pretreatment programs; 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 proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(3) Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a 10-day notification is given to the user.
(O) 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 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.”
(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 § 52.36, authorized representative of industrial user, division (C) above, must be submitted to the city prior to or together with any reports to be signed by that representative.
(P) Fees for industrial pretreatment program.
(1) It is the city’s intent to provide for the recovery of costs from significant industrial users of the wastewater treatment works for administration of the industrial pretreatment program.
(2) The applicable charges or fees shall be set forth in the city’s schedule of changes and fees for the following.
(a) Reimbursement of costs of setting up and operating the industrial pretreatment program;
(b) Monitoring, inspections and surveillance procedures;
(c) Reviewing accidental discharge procedures and construction;
(d) Filing appeals;
(e) Permit applications or transfers;
(f) Consistent removal by the city of pollutants otherwise subject to federal pretreatment standards; or
(g) Others as the city may deem necessary to carry out the requirements contained herein.
(3) Additional surcharges may be made by the city to compensate the city for the cost of treatment of pollutant loadings not normally treated at or in excess of those treated by the POTW.
(4) There shall be further charges for laboratory testing of wastewater. The laboratory charge shall be for the cost thereof and will be determined for each industrial user.
(5) The charges and fees for the services provided by the system shall be levied upon any significant industrial user which has sewer connections with the POTW and which discharges industrial waste to the POTW or any part thereof. The charges shall be based upon the quantity and quality of industrial wastewater used thereon or therein.
(Prior Code, § 30-88) (Ord. 92-7, passed 8-20-1992)