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Marion, IN Code of Ordinances
MARION, INDIANA
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 52.103 SIU PERIODIC COMPLIANCE REPORTS.
   (A)   All SIUs must, at a frequency determined by the Board submit no less than twice per year (June and December, or on dates specified) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the SIU must submit documentation required by the Board or the pretreatment standard necessary to determine the compliance status of the SIU.
   (B)   The Board may authorize a CIU to forego sampling of a pollutant regulated by a categorical pretreatment standard if the CIU has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the CIU (see 40 CFR 403.12(e)(2)). This authorization is subject to the following conditions:
      (1)   The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
      (2)   The monitoring waiver is valid only for the duration of the effective period of the SIU wastewater discharge permit, but in no case longer than five years. The CIU must submit a new request for the waiver before the waiver can be granted for each subsequent SIU wastewater discharge permit.
      (3)   In making a demonstration that a pollutant is not present, the CIU must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
      (4)   The request for a monitoring waiver must be signed in accordance with the definition of authorized or duly authorized representative of the user § 52.004, and include the certification statement in § 52.113(A) (40 CFR 403.6(a)(2)(H)).
      (5)   Non-detectable sample results maybe used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
      (6)   Any grant of the monitoring waiver by the Board must be included as a condition in the CIU's permit. The reasons supporting the waiver and
any information submitted by the CIU in its request for the waiver must be maintained by the Board for three years after expiration of the waiver.
      (7)   Upon approval of the monitoring waiver and revision of the CIU's permit by the Board, the CIU must certify on each report with the statement in § 52.113(C) below, that there has been no increase in the pollutant in its wastestream due to activities of the CIU.
      (8)   In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the CIU's operations, the CIU must immediately: comply with the monitoring requirements of § 52.103(A), or other more frequent monitoring requirements imposed by the Board, and notify the Board.
      (9)   This provision does not supersede certification processes and requirements established in categorical pretreatment standards/except as otherwise specified in the categorical pretreatment standard.
   (C)   All SIU periodic compliance reports must be signed and certified in accordance with § 52.113(A).
   (D)   Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
   (E)   If a SIU subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Board, using the procedures prescribed in § 52.133, the results of this monitoring shall be included in the report.
(Ord. 9-2016, passed 6-7-2016)
§ 52.104 NON-CIU COMPLIANCE SCHEDULE REPORTS.
   Any non-CIU which is not in compliance with this chapter shall develop a compliance schedule by which time the user shall meet the discharge prohibitions or requirements in §§ 52.015 through 52.021. The schedule should contain increments of progress, which correspond to specific dates for their completion. All users subject to these conditions shall submit a progress report to the Board no later than 14 days following each date in the compliance schedule. This report shall state if it complies with the increment of progress to be met on that date, the reason for delay if the date was not met, and the steps being taken to return to compliance. In no event shall more than six months elapse between progress reports.
(Ord. 9-2016, passed 6-7-2016)
§ 52.105 REPORTS OF CHANGED CONDITIONS.
   Each user must notify the Board of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
   (A)   The Board may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application.
   (B)   The Board may issue a wastewater discharge permit or modify a wastewater discharge permit in response to changed conditions or anticipated changed conditions.
(Ord. 9-2016, passed 6-7-2016)
§ 52.106 REPORTS OF POTENTIAL PROBLEMS.
   (A)   In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, any user shall immediately telephone and notify the Board of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
   (B)   Within five days following such discharge, the user shall, unless waived by the Board, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
   (C)   A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (A), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
   (D)   SIUs are also required to notify the Board immediately of any changes at its facility affecting the potential for a slug discharge.
(Ord. 9-2016, passed 6-7-2016)
§ 52.107 REPORTS FROM NON-SIUS.
   All users not required to obtain a SIU wastewater discharge permit shall provide appropriate reports to the Board as the Board may require.
(Ord. 9-2016, passed 6-7-2016)
§ 52.108 NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING.
   If sampling performed by a user indicates a violation, the user must notify the Board 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 Board within 30 days after becoming aware of the violation. Resampling by the user is not required if the Board performs sampling at the user's facility at least once a month, or if the Board performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the Board receives the results of this sampling, or if the Board has performed the sampling and analysis in lieu of the user. If the Board performed the sampling and analysis in lieu of the user, the Board will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
(Ord. 9-2016, passed 6-7-2016)
§ 52.109 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
   (A)   Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. The user shall notify the POTW within 24 hours of becoming aware of the discharge. All notifications to EPA and the state must take place no later than 180 days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 52.105. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 52.100, 52.102 and 52.103.
   (B)   Dischargers are exempt from the requirements of division (A), above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
   (C)   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 notify the Board, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
   (D)   In the case of any notification made under this section, the user shall 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.
   (E)   This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(Ord. 9-2016, passed 6-7-2016)
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