(a) Wastewater dischargers. It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the city, and/or to the POTW without having first complied with the terms of this chapter and the wastewater discharge permit.
(b) Wastewater contribution permits.
(1) General permits. All existing major significant industries and minor significant industries connected to or contributing to the POTW shall apply for a wastewater discharge permit within a period established by the POTW, but not to exceed 180 days after the effective date of this chapter. All future industrial dischargers proposing to connect to or to contribute to the POTW shall apply for a wastewater discharge permit. If the Director deems necessary, existing and future dischargers shall receive a permit before connecting to or contributing to the POTW.
(2) Permit application. Industrial dischargers required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city. Existing major significant industries and minor significant industries shall apply for a wastewater discharge permit within a period established by the POTW, but not to exceed ten days after the effective date of this chapter. Proposed new industrial dischargers shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the industrial discharger shall submit, in units and terms appropriate for evaluation, the information which follows. If actual data are not known, the best available information should be given.
A. Name, address, location, owner and operator of the facility and any environmental control permits held by or for the facility;
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 this chapter as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA pursuant to § 304(g) of the Act and contained in 40 C.F.R. Part 136, as amended;
D. Time and duration of discharges;
E. Average daily and 30-minute peak wastewater flow, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the city due to cost or non-feasibility;
F. A schematic process diagram which indicates points of discharge to the POTW from the regulated process;
G. Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the city;
H. Where known, the nature 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. When additional pretreatment and/or O&M are required, a compliance schedule as subsequently defined in § 949.06(i);
J. Average rate of production;
K. All sewers shall have an inspection and sampling manhole or structure accessible at all times to the city for use in sampling the industry’s discharge to assure compliance with this chapter. Before the inspection and sampling structure is constructed, plans shall be reviewed and approved by the Director.
L. The Director shall evaluate the data furnished by the discharger. He may require additional information if the Director finds that inadequate information was submitted by the discharger by submitting a written request to the discharger identifying the information required. This request shall be sent by certified mail within 30 days of the receipt by the Director of the permit application. The information requested by the Director shall be provided within 30 days of the receipt of the request by the discharger. After evaluation and acceptance of the data furnished, including detailed plans of facilities and operating procedures indicating the discharger has provided sufficient protection from accidental discharges of restricted materials, the Director may issue a wastewater discharge permit subject to the terms and conditions provided herein. The Director reserves the right to reevaluate all dischargers at any time and require a permit to be issued. The Director reserves the right to deny or condition new or increased contributions of pollutants for all dischargers at any time.
M. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on division (c)(3)J. hereof [40 CFR 403.12(e)(2)].
(3) Permit modifications.
A. The city reserves the right to amend this chapter and the terms and conditions thereof in order to assure compliance by the city with applicable laws and regulations.
B. Within 12 months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permits of discharges subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a discharger subject to a National Categorical Pretreatment Standard has not previously submitted an application as required by division (b)(2) hereof, the discharger shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, any discharger with an existing wastewater discharge permit shall submit to the city within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by divisions (b)(2)H. and (b)(2)I. hereof. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 C.F.R. Chapter I, Subchapter N. Existing sources which become dischargers subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing dischargers except where such sources meet the definition of a new source as defined in § 949.02. New sources shall install and have in operating condition, and shall “start-up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time, not to exceed 90 days, new sources shall meet all applicable pretreatment standards.
(4) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
A. Limits on the average and/or maximum wastewater constituents and characteristics;
B. Limits on average and/or maximum rate and time of discharge or requirements for flow regulations and equalization;
C. Requirements for installation and maintenance of inspection and sampling facilities;
D. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
E. Compliance schedule;
F. Requirements for submission of technical reports or discharge reports as outlined in division (c) hereof;
G. Requirements for maintaining and retaining pretreatment facility records relating to wastewater discharge as specified by the city, and affording city access thereto;
H. Requirements for notification of the city 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 pursuant to division (i) hereof;
I. Requirements for notification of slugload discharges pursuant to § 949.03(c); and
J. Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
(5) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. All permit holders shall apply for permit reissuance a minimum of 180 days prior to the expiration of the existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in § 949.03 are modified or other just cause exists. The permit holder shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(6) Permit transfer. Wastewater discharge permits are issued to a specific industrial discharger for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new industrial discharger, different premises or a new or changed operation without the approval of the city. Any succeeding owner or industrial discharger shall also comply with the terms and conditions of the existing permit.
(7) Pollutant monitoring waiver. The process for seeking a new waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with division (c)(3)J. hereof
(8) Any grant of the monitoring waiver by the Director per division (c)(3)J. hereof must be included as a condition in the user’s permit [or other control mechanism].
(c) Reporting requirements for permittee.
(1) Baseline monitoring report.
A. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 C.F.R. § 403.6(a)(4), whichever is later, any discharger subject to pretreatment standards and requirements and currently discharging or scheduled to discharge to the POTW shall submit to the Director a report containing information as indicated in divisions (b)(2)A. through (b)(2)G. hereof, inclusive. The report shall state whether the applicable pretreatment standards requirements and/or best management practices (BMPs) are being met on a consistent basis and, if not, what additional operation and maintenance 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.
B. At least 90 days prior to commencement of discharge, new sources and sources that become dischargers, subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Director a report containing information as indicated in divisions (b)(2)A. through (b)(2)G. hereof, inclusive. New sources shall also be required to include in this report information on the method of pretreatment the discharger intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in divisions (b)(2)E. and (b)(2)G. hereof.
C. A minimum of four grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques where feasible. The Director may waive flow-proportional composite sampling for any discharger that demonstrates that flow- proportional sampling is not feasible. In such cases, samples may be obtained through time proportional composite sampling techniques or through a minimum of four grab samples where the discharger demonstrates that this shall provide a representative sample of the effluent being discharged.
(2) Compliance date reports.
A. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any discharger subject to pretreatment standards and requirements shall submit to the Director a report containing information as indicated in divisions (b)(2)D. through (b)(2)H. hereof, inclusive. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance 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.
B. For dischargers subject to equivalent mass or concentration limits established by the Director in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the discharger’s long term production rate. For all other dischargers subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the discharger’s actual production during the appropriate sampling period. This statement shall be signed by an authorized representative of the discharger.
(3) 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 Director during the months of June and December, unless required more frequently by the Director, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof.
B. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Director may accept reports of average and maximum flows estimated by verifiable techniques.
C. The Director may require the industrial user or discharger to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flow as determined to be necessary.
D. 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.
E. Reports from dischargers shall be signed by an “authorized representative of the discharger” and provide written certification stating whether the applicable pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance, and/or additional pretreatment is required for the discharger to meet the applicable pretreatment standards and requirements.
F. All sampling results obtained by the discharger shall be reported to the Director including any sampling performed more frequently than required. Dischargers shall notify the Director in writing within 24 hours of receiving the sampling results, if any sampling results violate applicable pretreatment limits. Discharger shall repeat the sampling and analysis for those parameters in violation and resubmit the results within 30 days of becoming aware of the violation.
G. If a violation is detected through sampling and analysis conducted by the city, in lieu of the industrial user, the city shall perform the repeat sampling and analysis within 30 days of becoming aware of the violation, unless it notifies the discharger of the violation and requires the discharger to perform the repeat sampling and analysis.
H. Grab samples are required for pH, hexavalent chromium, free cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. All other pollutants will be measured by flow-proportional sampling unless justification for an alternate sampling type, representative of the discharge is documented in the industrial user file.
I. For batch dischargers, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for hexavalent chromium, free cyanide, total phenols and sulfides, the samples may now be composited in the field; for volatile organics and oil and grease, the samples may be composite in the laboratory. Protocols specified in 40 C.F.R. Part 136 and appropriate U.S. EPA guidance must be followed.
J. The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user 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 industrial user. [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 individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See division (b)(2)M. hereof.
3. In making a demonstration that a pollutant is not present, the industrial user 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 division (k) hereof, and include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii).
5. Non-detectable sample results may be 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 Director must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Director for three years after expiration of the waiver.
7. Upon approval of the monitoring waiver and revision of the user's permit by the Director, the industrial user must certify on each report with the statement in 40 CFR 403.6(a)(2)(ii), that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
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 user's operations, the user must immediately: Comply with the monitoring requirements of this section, or other more frequent monitoring requirements imposed by the Director, and notify the Director.
9. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
K. The city may reduce the requirement for periodic compliance reports [this section (40 CFR 403.12(e)(1))] to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA/state, where the industrial user's total categorical wastewater flow does not exceed any of the following:
1. Greater than 0.01 percent of the POTW's design dry-weather hydraulic capacity or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;
2. Greater than 0.01 percent of the design dry-weather organic treatment capacity of the POTW; and
3. Greater than 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed. [Note: For example, if the POTW's maximum allowable headworks loading for copper is five pounds, then 0.01 percent would be 0.0005 pounds; the POTW would need to do this calculation for each pollutant for which it has approved local limits.]
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 943.09. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Director, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(4) Reporting requirements for dischargers not subject to categorical pretreatment standards. The Director shall require appropriate reporting from those dischargers with discharges that are not subject to categorical pretreatment standards.
(d) Monitoring facilities.
(1) Each discharger shall provide and operate at the discharger’s own expense, a monitoring location to allow inspections, sampling and flow measurement of each sewer discharge to the city. Each monitoring location 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 providing that the facility is located so that it shall not be obstructed by landscaping or parked vehicles.
(2) There should be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The structure shall be maintained at all times in a safe and accessible condition at the expense of the discharger.
(3) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of building permit by discharger.
(e) Inspection and sampling.
(1) The discharger shall allow the Director or his authorized agent(s) 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 such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
(2) Where a discharger has security measures in force which would require proper identification and clearance before entry into their premises, the discharger shall make necessary arrangements with their security guards so that upon presentation of suitable identification, authorized personnel from the city shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(f) Pretreatment. Industrial dischargers shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the discharger’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures shall in no way relieve the discharger from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city 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 city prior to the discharger’s initiation of the changes.
(g) 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 requests 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. Wastewater constituents and characteristics shall 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 ten-day notification is given to the discharger.
(h) Reporting requirements for city.
(1) The city shall forward pertinent information regarding changes in the National Pretreatment Categorical Standards to industries affected.
(2) Industry shall also be adequately advised of changes to the city’s Municipal Pretreatment Ordinance to permit industry compliance as outlined in division (b)(3) hereof.
(i) Notification of changed discharge. All dischargers shall promptly notify the Director in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the discharger has submitted initial notification under 40 C.F.R. § 403.12(p).
(1) Each user must notify the Director of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 14 days before the change.
A. The Director 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 under this section.
B. The Director may issue an individual wastewater discharge permit or modify an existing wastewater discharge permit under this section in response to changed conditions or anticipated changed conditions.
(j) Testing procedures. All sampling and analyses required for baseline monitoring reports, 90-day compliance reports and periodic compliance reports shall be performed in accordance with 40 C.F.R. Part 136 methodology.
(k) Signatory. All reports required under this section shall include the certification statement as set forth in 40 C.F.R. § 403.6(a)(2)(ii) and shall be signed by an authorized representative.
(l) Reports of potential problems.
(1) 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, the user shall immediately telephone and notify the Director 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.
(2) Within five days following such discharge, the user shall, unless waived by the Director, 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.
(3) Contact information of who to call in the event of a discharge described in division (l)(1) above shall be provided to employees who could cause such a discharge to occur. Employees should also be advised of the emergency notification procedure.
(4) Significant industrial users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.
(Ord. 93-17, passed 2-22-1993; Ord. 2012-63, passed 9-10-2012; Ord. 2015-22, passed 2-23-2015; Ord. 2019-110, passed 9-23-2019)