(A) Wastewater discharges. It shall be unlawful to discharge to the POTW any wastewater except as authorized by the JSA in accordance with the provisions of this subchapter. Any person outside the jurisdiction of the JSA that desires to contribute wastewater to the POTW must execute (through an authorized representative) an agreement, whereby the person agrees to be regulated by all provisions of this subchapter and state and federal regulations. A discharge permit may then be issued by the JSA in accordance with division (B) below.
(B) Discharge permits.
(1) All industrial users proposing to connect to or contribute to the POTW or who are now contributing other than ordinary sewage or waste into the POTW shall obtain a discharge permit before correcting to or contributing to the POTW.
(2) (a) Users required to obtain a discharge permit shall complete and file with the JSA, an application in the form prescribed by the JSA, accompanied by a permit fee. New users shall apply at least 90 days prior to connecting to or contributing to the POTW.
(b) Existing permit holders shall apply no later than 60 days prior to expiration of the permit in support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
1. Name, address and discharge location if different from the address;
2. SIC number(s) according to the Standard Industrial Classification Manual, United States Bureau of the Budget, 1972, as amended;
3. Wastewater constituents and characteristics as determined by an analytical laboratory acceptable to the JSA; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136, as amended;
4. Time and duration of contribution;
5. Average daily and 30-minute peak 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 the JSA, state or categorical pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable categorical pretreatment standards;
9. If additional pretreatment will be required to meet the categorical pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standards. The following conditions shall apply to this schedule.
a. The schedule must be acceptable to the JSA.
b. 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 required for the user to meet the applicable categorical pretreatment standards.
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 Executive Director or his or her designee, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress and the reason for delay, and the steps being taken by the user to return the construction to the schedule established.
10. Each product produced by type, amount, process or processes, and the rate of production;
11. Type and amount of raw materials processed (average and maximum per day);
12. Number of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system;
13. Any other information as may be deemed by the JSA to be necessary to evaluate the permit application; and
14. A copy of the industry’s written environmental control program, comparable document or policy.
(3) The JSA shall evaluate the application and may require additional information prior to the issuance of the industrial discharge permit. After evaluation and acceptance of the application, the JSA may issue an industrial discharge permit or a general discharge permit subject to the terms and conditions provided herein. If the application is rejected, the person will be notified of the rejection and the reason(s) therefor.
(C) Permit modifications. Within nine months of the promulgation of a categorical pretreatment standard, the discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to the categorical pretreatment standards, has not previously submitted an application for a discharge permit as required, the user shall apply for a discharge permit within 90 days after the promulgation of the applicable categorical pretreatment standard. In addition, the user with an existing discharge permit shall submit, to the Executive Director or his or her designee within 90 days after the promulgation of an applicable categorical pretreatment standard, the information required by this subchapter.
(D) Permit conditions.
(1) Discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the JSA.
(2) Discharge permits may contain the following:
(a) The unit surcharges or schedule of other charges and fees for the wastewater to be discharged to a public sewer;
(b) Limits on the average and/or maximum wastewater constituents and characteristics;
(c) Limits on average and/or maximum rate and time of discharge or requirements for flow regulations and equalization;
(d) Requirements for installation and maintenance of inspection and sampling facilities;
(e) Specifications for monitoring programs which may include sampling locations; frequency of sampling; number, types and standards for tests; and reporting schedules;
(f) Compliance schedules;
(g) Requirements for submission of technical reports or discharge reports;
(h) Requirements for maintaining and retaining, for a minimum of three years, all records relating to pretreatment and/or wastewater discharge as specified by the JSA/and affording the JSA access thereto as required by 40 C.F.R. § 403.12(o)(2);
(i) Requirements for notification of the JSA 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;
(j) Requirements for notification of slug discharges;
(k) A requirement that the user reimburse the JSA for all expenses related to monitoring, sampling and testing performed at the direction of the Executive Director or his or her designee and deemed necessary by the JSA to verify that the user is in compliance with the said permit; and
(l) Other conditions as deemed appropriate by the JSA to ensure compliance with this subchapter.
(E) Alternative discharge limits.
(1) Where an effluent from a categorical industrial process is mixed prior to treatment with wastewater other than that generated by the regulated process, the Executive Director or his or her designee may derive fixed alternative discharge limits for the discharge permit. These alternative limits shall be applied to the mixed effluent and shall be calculated using the combined waste stream formula and/or flow-weighted average formula as defined in §§ 34.20 and 34.21.
(2) Where the effluent limits in a categorical pretreatment standard are expressed only in terms of mass of pollutants per unit of production (production-based standard), the Executive Director or his or her designee may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or of effluent concentration for purposes of calculating effluent permit limitations applicable to the permittee. The permittee shall be subject to all permit limits calculated in this manner under 40 C.F.R. § 403.6 and must fully comply with these alternative limits.
(3) All significant industrial users subject to production-based standards must report production rates annually so that alternative permit limits can be calculated if necessary. The significant industrial user must notify the Executive Director or his or her designee 30 days in advance of any major change in production levels that will affect the limits in the discharge permit.
(F) Permit duration. Discharge permits shall be issued for a specified time period, not to exceed three years. A discharge permit may be issued for a period less than a year or maybe stated to expire on a specific date. The user shall apply for permit re-issuance a minimum of 120 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the JSA during the term of the permit as limitations or requirements as identified in § 34.25 are modified or other just cause exists. The user shall be informed of any proposed changes in the 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.
(G) Permit transfer. Discharge permits are issued to a specific user for a specific operation. A discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without a 30-day prior notification to the Executive Director or his or her designee. A copy of the existing permit must be provided to the new owner. The Executive Director or his or her designee may deny the transfer of the permit if it is deemed necessary.
(H) Compliance data reporting. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new user, following commencement of the introduction of wastewater into the POTW, any user subject to categorical pretreatment standards shall submit to the Executive Director or his or her designee, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical pretreatment standards and the average and maximum daily flow for these process units in the user’s facility which are limited by such categorical pretreatment standards. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional pretreatment and time schedule is necessary to bring the user into compliance with the applicable categorical pretreatment standards. This statement shall be signed by an authorized representative of the user.
(I) Periodic compliance reports.
(1) All significant industrial users shall submit, to the Executive Director or his or her designee, on dates specified in the discharge permit (unless required more frequently), a report indicating, at a minimum, the nature and concentration of pollutants in the effluent which are limited by categorical pretreatment standards or the discharge permit. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow. At the discretion of the Executive Director or his or her designee and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the Executive Director or his or her designee may agree to alter the months during which the above reports are to be submitted.
(2) All analyses shall be performed by a laboratory acceptable to the JSA. Analytical procedures shall be in accordance with procedures established by the U.S. EPA Administrator pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136 and amendments thereto and 40 C.F.R. part 261 or with any other test procedures approved by the U.S. EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the U.S. EPA Administrator.
(3) Where 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant(s) in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants,” April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the U.S. EPA Administrator.
(4) A baseline monitoring report (BMR) must be submitted to the Executive Director or his or her designee by all significant industrial users at least 90 days prior to initiation of discharge to the sanitary sewer. The BMR must contain, at a minimum, the following:
(a) Production data: process description, SIC code number, raw materials used, chemicals used, final product, pretreatment industrial category (if applicable), and a schematic which indicates points of discharge to the sewer system;
(b) Identifying information to include name, address of facility, owner(s), contact person and any other permits held by the facility;
(c) Wastewater characteristics: total plant flow, types of discharges, average and maximum flows from each process;
(d) Nature/concentration of pollutants: analytical results for all pollutants regulated by this subchapter and/or any applicable categorical pretreatment standards and sample type and location AU analyses must conform with 40 C.F.R. part 136 and amendments thereto; and
(e) Information concerning any pretreatment equipment used to treat the facility’s discharge.
(5) New sources shall give estimates of the information requested in divisions (I)(4)(c) and (I)(4)(d) above, but at no time shall a new source commence discharges to the public sewer of substances that do not meet provisions of this subchapter. All new sources must be in compliance with all provisions of this subchapter, and state and categorical pretreatment standards prior to commencement of discharge to the public sewer.
(J) Permit violations.
(1) All significant industrial users must notify the Executive Director or his or her designee within 24 hours of first becoming aware of a permit violation. This notification shall include the date of violation, the parameter violated and the amount by which the parameter was exceeded.
(2) The user shall immediately repeat the sampling and analysis of the parameter(s) in question and submit the results to the Executive Director or his or her designee within 30 days after becoming aware of the violation. Exception to this regulation applies only if the JSA performs the sampling within the same time period for the same parameter(s) in question.
(K) Monitoring.
(1) The JSA shall require significant industrial users to provide and operate, at the user’s own expense, monitoring facilities and equipment necessary to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage system. The monitoring facility should normally be situated on the user’s premises, but the JSA may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in a public right-of-way. The Executive Director or his or her designee shall review and approve the location, plans and specifications for such monitoring facilities and may require them to be constructed to provide for the separate monitoring and sampling of industrial waste and sanitary sewage flows.
(a) 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 shall be designed and maintained in a manner such that the safety of JSA and user personnel shall be the foremost concern. The facility, sampling and measuring equipment shall be maintained at all times in a proper operating condition at the expense of the user.
(b) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the JSA’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following approval of the location, plans and specifications.
(2) Any sampling analysis done in accordance with approved federal EPA procedures by the industrial user during a reporting period shall be submitted to the Executive Director or his or her designee, regardless of whether or not that analysis was required by the industrial user’s discharge permit.
(3) The industrial user must receive the approval of the Executive Director before changing the sampling point and/or monitoring faculties to be used in all required sampling.
(L) Pretreatment. All significant industrial users shall provide necessary wastewater treatment as required to comply with this subchapter and achieve compliance with any applicable categorical pretreatment standards within the time limitations as specified by the categorical pretreatment standards. The JSA may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any significant industrial user that cannot meet discharge limits required by this subchapter. Any facilities required to pretreat wastewater to a level required by this subchapter 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 JSA for review, and shall be acceptable to the JSA before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent that complies with the provisions of this subchapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported and acceptable to the JSA prior to the user’s initiation of the changes.
(M) Animal publication.
(1) The JSA shall annually publish in its jurisdiction’s largest dally newspaper a list of significant industrial users, which were in significant noncompliance with any categorical pretreatment standards. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(2) All records relating to the JSA’s pretreatment program shall be made available to officials of the EPA or Control Authority upon request All records shall be maintained for a minimum of three years in accordance with 40 C.F.R. § 403.12(O)(2).
(N) Significant noncompliance. A user is defined as being in significant noncompliance when it commits one or more of the following conditions:
(1) Causes imminent danger to human health or the environment or results in the exercise of emergency authority;
(2) In accordance with 40 C.F.R. § 403.8(f)(2)(viii), a significant industrial user for any industrial user which violates divisions (C), (D) or (H) above, is in significant noncompliance if its violation meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R. § 403.3(1);
(b) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R. § 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD. TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(1) (daily maximum, long-term average, instantaneous limit or narrative standard) that the POTW determines has caused, alone or in combination with other discharges. Interference or pass-through (including endangering the health of POTW personnel or the general public);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under 40 C.F.R. § 403.8(f)(l)(vi)(B) to halt or prevent such a discharge;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
(f) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; and
(h) Any other violation or group of violations, which may include a violation of Best Management Practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
(O) Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections may be available to the public or other governmental agencies in accordance with the State Open Records Act located at KRS 61.870 et seq., unless the user requests that any such information, at the time it is provided to JSA, be kept confidential and is able to demonstrate at the time of the request, to the satisfaction of the JSA, that the release of such information is not subject to disclosure pursuant to the State Open Records Act. Any amendment to KRS 61.870 will serve as an amendment to this subchapter to the extent this policy is inconsistent with the State Open Records Act. Any and all information provided by a person furnishing a report required by this subchapter, the portions of a report which might disclose trade secrets or secret processes, even if not required to be disclosed pursuant to the State Open Records Act, shall be made available to all governmental agencies for uses related to this subchapter, the KPDES permit, sludge disposal system permit and/or the pretreatment programs upon request. 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 shall not be recognized as confidential information and shall be available to the public without restriction.
(P) Signatory requirements. All applications, reports or information submitted to the JSA shall be signed and certified.
(1) All permit applications shall be signed:
(a) For a corporation or limited liability company: by a principal executive officer of at least the level of vice-president; and/or
(b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
(2) All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(a) The authorization is made in writing by a person described above; and
(b) The authorization specifies either an individual or a position of responsibility having facility or activity, such as the position of plant manager, superintendent or position of equivalent responsibility.
(3) Any person signing a document under this section shall make the following certification:
“I certify under penalty of law that I am familiar with the information contained in this report and its attachments and that to the best of my knowledge and belief such information is true, complete and accurate.”
(Ord. 2012-6, passed 1-28-2013)