CHAPTER 1041: WASTEWATER COLLECTION AND TREATMENT
Section
1041.01   General provisions; purpose and policy.
1041.02   Definitions.
1041.03   Regulations.
1041.04   Fees.
1041.05   Administration.
1041.06   Enforcement.
1041.07   Records retention; signatory and certification requirements.
1041.08   Special agreements.
1041.99   Penalty.
Appx. A.   Toxic Pollutants (EPA Priority Pollutants)
   CROSS REFERENCES
   Compulsory sewer connections - see Ohio R.C. 729.06
   Sewerage rates - see Ohio R.C. 729.49
   Superintendent of Wastewater Treatment - see ADM. 226.10
   Sewer charges - see S.U. & P.S. Ch. 1040
   Water - see S.U. & P.S. Ch. 1042
   Home sewage disposal systems - see H. & S. Ch. 1854
§ 1041.01 GENERAL PROVISIONS; PURPOSE AND POLICY.
   (a)   These regulations set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment facilities for the City of Middletown, and enable the City to comply with all applicable local, State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations established by the U.S. Environmental Protection Agency (EPA). The objectives of these regulations are:
      (1)   To prevent the introduction of pollutants into the City's wastewater collection and treatment facilities which will interfere with the operation of the facilities or contaminate the resulting sludge;
      (2)   To prevent the introduction of pollutants into the City's wastewater collection and treatment facilities which will pass through the system, inadequately treated, into receiving waters or the atmosphere or are otherwise found to be incompatible with the facilities;
      (3)   To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
      (4)   To provide for equitable distribution of the costs of the City's wastewater collection and treatment facilities.
   (b)   These regulations provide for the control of direct and indirect discharges to the City's wastewater collection and treatment facilities through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorize monitoring and enforcement activities, require user reporting, assume that existing customers' capacities will not be pre- empted, and provide for the setting of fees for the equitable distribution of costs resulting from the program established herein.
   (c)   These regulations shall apply to the City of Middletown and to persons outside the City who are, by contract or agreement with the City, users of the City's wastewater collection and treatment facilities.
   (d)   These regulations are in addition to Chapter 1040 of these Codified Ordinances.
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
§ 1041.02 DEFINITIONS.
   Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
   (a)   ACT. The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
   (b)   AUTHORIZED REPRESENTATIVE OF THE DISCHARGER MAY BE:
      (1)   If the discharger is a corporation:
         A.   The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy decision-making functions for the corporation; or
         B.   The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, initiates and directs other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
      (2)   If the discharger is a partnership or sole proprietorship; a general partner or proprietor, respectively.
      (3)   If the discharger is a Federal, State, or local governmental facility; a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
      (4)   The individuals described in paragraphs (1) through (3), above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the authority.
   (c)   BEST MANAGEMENT PRACTICES OR BMPs. Means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage, or leaks, sludge or waste disposal, or drainage from raw materials storage.
   (d)   BYPASS. The intentional diversion of waste streams from any portion of a user's pretreatment facility.
   (e)   CATEGORICAL PRETREATMENT STANDARDS or CATEGORICAL STANDARD. National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW (Public Owned Treatment Works) by existing or new industrial users in specific industrial subcategories will be established as separate regulations under the appropriate subpart of 40 C.F.R. chapter I, subchapter N. These standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in this chapter.
   (f)   CITY. For this chapter, any of the persons listed in the “Control Authority” definition in division (h) below.
   (g)   COLLECTION AND TREATMENT FACILITIES. Sewers, pump stations and all wastewater and sludge treatment processes and equipment owned by the City of Middletown.
   (h)   CONTROL AUTHORITY.  The City of Middletown’s POTW which has an approved pretreatment program pursuant to 40 C.F.R. 403.11, any of the POTW’s authorized representatives, the Public Works and Utilities Director, the City Manager or the elected City Council members.
   (i)   INDIRECT DISCHARGE. The discharge or introduction of non-domestic pollutants from a source regulated under Section 307(b) or (c) of the Act, into the collection and treatment facilities.
   (j)   INDUSTRIAL USER or USER. A source of indirect discharge.
   (k)   INDUSTRIAL WASTE. Solid, liquid or gaseous wastes resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources.
   (l)   INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the City's wastewater treatment facility, its treatment processes or operations, or its sludge processes, use or disposal; and (2) therefore is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal as defined in 40 C.F.R. 403.31.
   (m)   mg/l. Milligrams per liter.
   (n)   NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD or STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to § 403.5.
   (o)   NEW SOURCE. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:
      (1)   The building, structure, facility or installation is constructed at a site at which no other source is located; or
      (2)   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
      (3)   The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
      (4)   Construction on a site at which an existing source is located results in a modification rather than a NEW SOURCE if the construction does not create a new building, structure, facility or installation would be considered a new user.
      (5)   Construction of a NEW SOURCE as defined under this division (o) has commenced if the owner or operator has begun, or caused to begin, as part of a continuous onsite construction program:
         A.   Any placement, assembly or installation of facilities or equipment; or
         B.   Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities, which is necessary for the placement, assembly or installation of NEW SOURCE facilities or equipment.
      (6)   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this division (6).
   (p)   NPDES. National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or the State.
   (q)   O & M. Operation and maintenance.
   (r)   OTHER WASTES. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
   (s)   PASSTHROUGH. A discharge which exits the City's wastewater treatment facility into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation).
   (t)   pH. Logarithm (base ten) of the reciprocal of the hydrogen ion concentration.
   (u)   POLLUTANT. Any substance listed in Appendix A or included in the City's NPDES permit, which is discharged into the collection and treatment facilities, or any substance which, upon exposure to or assimilation into any organism, will cause adverse effects such as cancer, genetic mutation or psychological manifestations as defined in standards issued pursuant to Section 307(a) of the Act.
   (v)   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alternation of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the treatment facilities.
   (w)   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
   (x)   PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works, as defined by Section 212 of the Act, which is owned by the City of Middletown. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to the treatment plant.
   (y)   SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, RVs and septic tanks.
   (z)   SEWAGE. Water-carried human wastes or a combination of water-carried wastes from residence, business building, institutions and industrial establishments, together with such ground, surface, storm or other water as may be present.
   (aa)   SEWER. Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
   (bb)   SIGNIFICANT INDUSTRIAL USER.
      (1)   Except as provided in paragraph (bb)(2) below, the term SIGNIFICANT INDUSTRIAL USER includes:
         A.   All industrial users subject to categorical pretreatment standards; and
         B.   Any other industrial user that: discharges an average of 25,000 gallons per day or more of process waste stream to the POTW; discharges a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW, or has a reasonable potential, in the opinion of the Director of Public Works & Utilities, to adversely affect the POTW's operation or to violate any pretreatment standard or requirement.
      (2)   The City may at any time, on its own initiative or in response to a petition received from an industrial user, determine that a non-categorical industrial user is not a significant industrial user if the industrial user has no reasonable potential to adversely affect the POTW's operation or to violate any pretreatment standard or requirement.
   (cc)   SIGNIFICANT VIOLATION. A violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a 12-month period; which involves failure to accurately report noncompliance; or resulted in the City exercising its emergency authority under § 1041.06(a). (NOTE: This definition pertains to the annual publication requirements listed under § 1041.06(g).)
   (dd)   SLUGLOAD. Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or passthrough, or in any other way violate the POTW’s regulations, local limits or permit conditions. The results of such activities shall be available to the approval authority upon request. Significant industrial users are required to notify the POTW immediately of any changes at its facility affecting potential for a slug discharge.
   (ee)   TOXIC POLLUTANT. Any pollutant or combination of pollutants designated by Federal Regulations pursuant to Section 307 of the Act.
   (ff)   UPSET. An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with applicable pretreatment standards due to factors beyond the reasonable control of the user and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
   (gg)   USER-INDUSTRIAL USER. Any user of the City's wastewater collection and treatment facilities identified in the Standard Industrial Classification Manual of the U.S. Office of Management and Budget, as amended and supplemented under the following divisions:
      (1)   Division A - Agriculture, Forestry, and Fishing;
      (2)   Division B - Mining;
      (3)   Division D - Manufacturing;
      (4)   Division E - Transportation, Communication, Gas, Electric, and Sanitary Service; and
      (5)   Division I - Services.
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
§ 1041.03 REGULATIONS.
   (a)   General Discharge Prohibitions. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the City's wastewater collection and treatment facilities, or contaminate the sludge resulting therefrom such that its use or disposal by the City's chosen method is prevented. These general prohibitions apply to all such users of a City's wastewater collection and treatment facilities whether or not the user is subject to the National Categorical Pretreatment Requirements. A user may not contribute the following substances to the City's wastewater collection and treatment facilities:
      (1)   Pollutants which create a fire or explosion hazard in the City's wastewater collection and treatment facilities, including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F or 60°C using the test method specified in 40 C.F.R. 261.21.
      (2)   Solid or viscous substances which may cause obstruction to flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
      (3)   Any wastewater having a pH less than 5.0 or higher than 12.0, unless the City determines that its treatment facilities are able to accommodate such wastewater, or hazard to structures, equipment, and/or personnel of the City's wastewater collection and treatment facilities.
      (4)   Pollutants which result in the presence of toxic gases, vapors, or fumes into the City's wastewater collection and treatment facilities in a quantity that: may cause acute worker health and safety problems; may injure or interfere with any wastewater treatment process; or may create a toxic effect in the receiving waters.
      (5)   Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for maintenance and repair.
      (6)   Any substance which may cause the City's wastewater collection and treatment facilities effluent, or any other product of the City's wastewater collection and treatment facilities such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the City's wastewater collection and treatment facilities cause the City's wastewater collection and treatment facilities to be in noncompliance with:
         A.   Sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or
         B.   Any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.
      (7)   Any substance which will cause the City's wastewater collection and treatment facilities to violate its NPDES and/or State disposal system permit or the receiving water quality standards.
      (8)   Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
      (9)   Any wastewater having a temperature which will inhibit biological activity in the City's wastewater treatment facilities resulting in interference, but in no case wastewater which causes a temperature at the introduction into the City's wastewater treatment facilities which exceeds 40°C (104°F).
      (10)   Any pollutants, including oxygen demand pollutants (BOD, ammonia, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the City's wastewater collection and treatment facilities.
      (11)   Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance with applicable State or Federal regulations.
      (12)   Any wastewater which causes a hazard to human life or creates a public nuisance.
      (13)   Storm water, groundwater, rain water, street drainage, roof top drainage, basement drainage, subsurface drainage, or yard drainage if unpolluted, unless a storm sewer or other reasonable alternative for removal of such drainage does not exist, and then only when such discharge is permitted by the user's wastewater discharge permit and the appropriate fee is paid for the volume thereof.
      (14)   No person shall discharge any substance directly into a manhole or other opening in a community sewer other than through an approved building sewer, unless he or she shall have been issued a temporary permit by the Public Works & Utilities Director. The Public Works & Utilities Director shall incorporate in such temporary permit those conditions he or she deems reasonably necessary to ensure compliance with the provisions of this chapter, and the user shall be required to pay applicable charges and fees.
      (15)   No person owning vacuum or "cesspool" pump trucks or other liquid waste transport trucks shall discharge directly or indirectly such sewage into the City's wastewater collection and treatment facilities, unless such person shall first have applied for and received a truck discharge operation permit from the Public Works & Utilities Director. All applicants for a truck discharge operation permit shall complete such forms as are required by the Public Works & Utilities Director, pay appropriate fees, and agree in writing to abide by the provisions of this chapter and any special conditions or regulations established by the Public Works & Utilities Director. The owners of such vehicles shall affix and display the permit number on the side of each vehicle used for such purposes. Such permits shall be valid for a period of one year from the date of issuance, provided that such permit shall be subject to revocation by the Public Works & Utilities Director for a violation of any provision of this chapter or of any reasonable regulation established by the Public Works & Utilities Director. Such permits shall be limited to the discharge of domestic sewage waste containing no industrial waste. The Public Works & Utilities Director shall designate the locations and times where such trucks may be discharged, and may refuse to accept any truckload of waste in his or her absolute discretion where it appears that the waste could interfere with the effective operation of the treatment works or any sewer line or appurtenance thereto.
      (16)   No person shall discharge any other holding tank waste into the City's wastewater collection and treatment facilities unless he or she shall have applied for and have been issued a permit by the Public Works & Utilities Director. Unless otherwise allowed under the terms and conditions of the permit, a separate permit must be secured for each separate discharge, the time of day the discharge is to occur, the volume of the discharge, and shall limit the wastewater constituents of the discharge. Such user shall pay any applicable charges or fees therefor, and shall comply with the conditions of the permit issued by the Public Works & Utilities Director. However, no permit will be required to discharge domestic waste from a recreational vehicle holding tank, provided such discharge is made into an approved facility designed to receive such waste.
      (17)   When the Public Works & Utilities Director determines that a user is contributing to the City's wastewater collection and treatment facilities, any of the above enumerated substances in such amounts as to interfere with the operation of the City's wastewater collection and treatment facilities, the Public Works & Utilities Director shall advise the user of the impact of the contribution of the City's wastewater collection and treatment system; and develop discharge limitation(s) for such a user to correct the interference with the City's wastewater collection and treatment facilities.
      (18)   Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that can pass through or cause interference.
      (19)   No person shall access the City's wastewater collection and treatment facilities for any activity including discharge of hauled septic or industrial wastes, except at locations and at times as designated by the Public Works & Utilities Director. Any removal of manhole lids, or other access to the sewer system for the purpose of discharging wastes at times and/or locations other than those designated by the Public Works & Utilities Director, or without the express permission of the Public Works & Utilities Director, shall be considered a violation and shall be subject to enforcement action including fines and penalties allowed under § 1041.99.
      (20)   Any hazardous waste described or listed in 40 C.F.R. Part 261 is prohibited. The Control Authority may develop Best Management Practices (BMPs) to implement the above prohibitions and other prohibitions found at 40 C.F.R. 403.5 (a) and (b). Such BMPs shall be considered local limits and pretreatment standards for the purposes of this part and section 307(d) of the Act.
   (b)   Limitations on Wastewater Strength.
      (1)   National Categorical Pretreatment Standards. National Categorical Pretreatment Standards, as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act, shall be met by all dischargers of the regulated industrial categories. An application for modification of the National Categorical Pretreatment Standards may be considered for submittal to the Regional Administrator by the City, when the City's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 C.F.R. 403.7. Users must comply with the Categorical Pretreatment Standards found at 40 C.F.R. Chapter I, Subchapter N, Parts 405471.
         A.   Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Control Authority may impose equivalent concentration or mass limits in accordance with 40 C.F.R. 403.6(c).
         B.   When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Control Authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users pursuant to 40 C.F.R. 403.6(c)(2)
         C.   When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same standard, Control Authority shall impose an alternate limit in accordance with 40 C.F.R. 403.6(e).
      (2)   State requirements. State requirements and limitations on discharges to the treatment facilities shall be met by all users which are subject to such standards in any instance in which they are more stringent than Federal requirements and limitations or those contained in these or any other applicable regulations.
      (3)   Right of revision. The City reserves the right to amend these regulations to provide for more stringent limitations or requirements on discharge to the treatment facilities where deemed necessary to comply with the objectives set forth in § 1041.01. Such revisions to this chapter and/or modifications to user’s permits may be made at any time, without prior notice to the users.
      (4)   Dilution. No user shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment, to achieve compliance with the standards set forth in these regulations.
      (5)   Supplementary limitations. No user shall discharge wastewater into the City's wastewater collection and treatment facilities containing concentrations exceeding any local limit unless a modified discharge agreement has been reached between the City and the user and has been incorporated in the user's permit. In those cases where conflicts arise between local limits and their respective concentrations and the Categorical Pretreatment Standards, the more stringent limit shall govern. The most recently Ohio EPA-approved local limits will apply.
   (c)   Accidental and Slug Discharges. 
      (1)   Each user shall provide protection from slug discharges and accidental discharge of prohibited materials or other substances regulated by these regulations. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures adequate to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. If directed by the City, existing users shall prepare and submit an Accidental and Slug Discharge Control Plan within ninety days from the effective date of these regulations. Procedures detailed in the plan must include but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, employee training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. No user who commences contribution to the City's wastewater collection and treatment facilities after the effective date of these regulations shall be permitted to introduce pollutants into the system until accidental and slug discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of these regulations. In the case of an accidental or slug discharge (e.g., slugloads), it is the responsibility of the user to immediately telephone and notify the City's wastewater collection and treatment facility of the incident to enable countermeasures to be taken by the City to minimize damage to the treatment facility and its receiving waters.
      (2)   Within five days following an accidental discharge, the user shall submit to the Public Works & Utilities Director a detailed written report describing the cause 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 may be incurred as a result of damage to the City's wastewater collection and treatment facilities, fish kills, or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
      (3)   A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or suffer from such an accidental discharge are advised of the emergency notification procedure.
      (4)   A user is required to notify the POTW immediately of any changes at the user’s facility that may affect the potential for a slug discharge. The user may contact the POTW by telephone. Within five days of notifying the City, the user must submit a written notice detailing the changes affecting the potential for an accidental of slug discharge.
   (d)   Bypass. 
      (1)   An industrial user may bypass all or part of its discharge past pretreatment units, providing the discharge meets permit or local limits and is essential for maintenance of such units.
      (2)   All other bypasses are prohibited, except where they are to prevent loss of life, personal injury or severe property damage. With the consent of the City, bypasses for which there is no favorable alternative action, may be allowed.
      (3)   Whenever possible, industry shall notify the City at least ten days prior to the anticipated date of bypass or, if such notice is impossible, within 24 hours after discovering a bypass is occurring. A written explanation of the cause of such emergency bypasses shall be delivered to the Public Works & Utilities Director within five days of such emergency bypass. Such notification shall include steps to be taken to eliminate future occurrences.
   (e)   Upset. 
      (1)   An upset condition shall be an affirmative defense for an industrial user where such upset causes the violation of a Categorical Pretreatment Standard.
      (2)   An industrial user must report to the City's wastewater collection and treatment facility by telephone that an upset is occurring within 24 hours of becoming aware that an upset exists. Within five days after an upset, the industrial user will provide a written report to the Public Works & Utilities Director stating the probable cause of the upset, the exact date and time the upset occurred, the type and quantity of pollutant released, and steps being taken to prevent such future violations. If the upset condition still exists, the industrial user will provide the earliest date to correct the upset and return to compliance.
(Ord. O91-48, passed 6-18-1991; Am. Ord. 2002-133, passed 12-3-2002; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
§ 1041.04 FEES.
   (a)   Purpose. It is the purpose of this chapter to provide for the payment of fees from users to the City's Sewer Revenue Fund to compensate the City for the cost of the administration of the pretreatment program established herein.
   (b)   Charges and Fees. The City shall recover costs from users of the City's wastewater collection and treatment facilities in accordance with Chapter 1040.
   (c)   Special Surcharges. A special surcharge shall be levied on and collected from significant industrial users whose waste exceeds normal concentrations and causes additional operating cost to the City. These special surcharges shall be established by the City's User Fee Ordinance or specified as part of the user's discharge permit.
   (d)   Recovery Costs Due to Damages Caused by the User. Every user shall be responsible for assuring that no discharge from any source originating within his or her jurisdiction shall be of such a nature as to cause obstruction, damage, or any other impairment of the City's wastewater collection and treatment facilities. Damages or expenses incurred by the City as a result of any violation of this section shall be levied on and collected from such a user.
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
§ 1041.05 ADMINISTRATION.
   (a)   Wastewater Discharge. It shall be unlawful for a significant industrial user to discharge sewage, industrial wastes or other wastes without a permit issued by the City to any sewer within the jurisdiction of the City and/or to the treatment facility.
   (b)   Wastewater Discharge Permits.
      (1)   General permits. All significant industrial users proposing to connect to or to contribute to the City's wastewater collection and treatment facilities shall obtain a wastewater contribution permit before connecting to or contributing to the City's wastewater collection and treatment facilities. All existing significant industrial users connected to or contributing to the City's wastewater collection and treatment facilities shall obtain a wastewater contribution permit within 180 days after the effective date of these regulations. The Public Works & Utilities Director may exempt selected classes of users from this requirement for two years following the effective date of these regulations.
      (2)   Permit application. 
         A.   Users required to obtain a wastewater contribution permit shall complete and file with the City's Public Works & Utilities Director an application in the form prescribed by the Public Works & Utilities Director, and accompanied by a fee of three thousand dollars ($3,000). Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of these regulations, and proposed new sources shall apply at least 90 days prior to connecting to or contributing to the City's wastewater collection and treatment facilities. Proper completion of the wastewater contribution permit application may require the following information:
            1.   Disclosure of name, address, and location of user;
            2.   Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
            3.   Disclosure of wastewater constituents and characteristics, including, but not limited to, those mentioned in these regulations, including Appendix A, as appropriate, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 C.F.R., Part 136, as amended;
            4.   Disclosure of time and duration of discharges;
            5.   Disclosure of average daily and instantaneous peak wastewater flow rates, 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;
            6.   Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
            7.   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, including a sketch-level diagram of all proposed or existing pretreatment facilities, showing flow arrows and the location of all sampling points;
            8.   Disclosure of the nature and concentration of any pollutants or materials prohibited by these regulations in the discharge, together with a statement regarding whether or not compliance is being achieved with these regulations on a consistent basis, and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the user to comply with these regulations;
            9.   Where additional pretreatment and/or operation and maintenance activities will be required to comply with these regulations, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
               a.   The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of these regulations including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with these regulations.
               b.   Under no circumstance shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
               c.   Not later than 14 days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
            10.   Disclosure of each product produced by type, amount, process and processes and rate of production;
            11.   Disclosure of the type and amount of raw materials utilized (average and maximum per day).
         B.   All permit applications for new or modified permits shall be signed by a principal executive officer of the user, and a qualified engineer, and all renewal applications for existing permits shall be signed by a principal executive officer of the user.
         C.   The Public Works & Utilities Director shall evaluate the adequacy of data furnished in the application form. If insufficient data have been furnished, the Director will notify the user to provide additional data within a specified time. After acceptance of data, the Director will issue the permit. The Director may stipulate special conditions and terms upon which the permit may be issued.
         D.   The Director may deny any permit application for any new user or for increased contributions from an existing user.
      (3)   Permit conditions. Granting of permits may require the following conditions:
         A.   Limits on rate, time and characteristics of discharge or requirements for flow regulation and equalization.
         B.   Installation and inspection, flow measurements and sampling facilities, including access to such facilities.
         C.   Specifications for a monitoring program which may include flow measurement, sampling, chemical and biological tests, recording of data, and reporting schedule. Costs for conducting the monitoring program would be the responsibility of the user.
         D.   Pretreatment requirements and a schedule for implementation, including schedules for reporting progress towards meeting these requirements.
         E.   Submission of discharge reports.
         F.   Schedule for the payment of industrial cost recoveries as required under § 204 of the Act.
         G.   Special service charges or fees.
         H.   Prompt notification in the form of a letter written to the Public Works & Utilities Director in advance of any substantial change in volume, concentration or nature of discharge.
         I.   Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
         J.   Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
         K.   Any applicant, whose current discharge or discharges in the last 24 months have the supplementary limits established by the ordinance or by the Ohio EPA-approved local limits in effect at the time of the discharge as set forth in § 1041.03(b)(5) of this chapter shall as a condition to its permit be required to enter into a Special Agreement for a Mercury Pollution Minimization Plan (PMP) consisting of three elements:
            1.   A Proposed Plan of Study (POS) for systematically locating, identifying and reducing the sources of mercury.
            2.   A proposed monitoring plan for periodic sampling and analysis of potential mercury sources and the level of mercury discharged to the collection system, designed to measure the success of the PMP.
            3.   Annual reporting to the City by January 15th so that the City can include the information as part of its annual pretreatment report to the Ohio EPA.
      Pursuant to § 1041.08, significant industrial users that propose to enter into a Special Agreement with the City for a Mercury PMP in lieu of meeting numeric mercury local limits shall submit an application to the City that includes a proposed PMP that contains a POS, monitoring plan, and annual reporting consistent with this section and the referenced guidance from Ohio EPA and U.S. EPA. A Special Agreement for a Mercury PMP that is approved by the City shall be incorporated into the industrial user's permit and made an enforceable term of the modified permit.
      An industrial user's Special Agreement for a Mercury PMP may be terminated by the City if (1) the City determines that the industrial user is not complying with the PMP, or is not making reasonable further progress toward reduction of mercury discharges to the City's collection system, or (2) the Mercury PMP is no longer necessary because the City has determined that it can meet an annual average mercury effluent limit of 12 ng/l for the City's treatment plant. A Special Agreement for a Mercury PMP may also be renewed or extended for additional two-year periods if requested by the industrial user and the City determines that despite reasonable progress under the PMP additional time is needed to identify mercury sources and or take additional measures in response to identify mercury sources.
         L.   Other conditions as deemed appropriate by the City to ensure compliance with these regulations and with applicable requirements of Federal or State law.
      (4)   Permit modifications. The Control Authority may modify any user's wastewater discharge permit for good cause, including, but not limited to, the following reasons:
         A.   To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;
         B.   To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
         C.   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
         D.   Information indicating that the permitted discharge poses a threat to the collection system, the public, POTW performance, City personnel, or the receiving waters;
         E.   Violation of any terms or conditions of the individual wastewater discharge permit;
         F.   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in a required reporting;
         G.   Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40C.F.R. 403.13;
         H.   To correct typographical or other errors in the individual wastewater discharge permit; or
         I.   To reflect a transfer of the facility ownership or operation to a new owner or operator.
      (5)   Permit duration. Permits shall be issued for a specified period of time, not to exceed two years. The user shall apply for a permit re-issuance a minimum of 60 days before expiration, or whenever the conditions of discharge change.
      (6)   Limitations on permit transfer. Wastewater contribution permits are issued to a specific user for a specific operation and are not assignable to another user without prior written approval of the City, or transferable to any other location.
      (7)   Effluent limits. Effluent limits are based on applicable general Pretreatment Standards in 40 C.F.R. Part 403, Categorical Pretreatment Standards, local limits, Best Management Practices and State and local law;
   (c)   Reporting Requirement for Permittee.
      (1)   New source compliance deadline. New sources shall install, calibrate and have in acceptable operating condition and shall start-up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge waste into the City's wastewater collection and treatment facilities. Within the shortest feasible time, not to exceed 90 days, new sources must meet all applicable pretreatment standards set forth in 40 C.F.R. 403.6(b).
      (2)   Baseline monitoring report.
         A.   Within either 180 days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 C.F.R. 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Control Authority a report which contains the information listed in paragraph B, below. At least 90 days prior to commencement of discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall be submit to the Control Authority a report which contains the information listed in divisions B.1 through B.8. below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of the information requested in divisions B.5. and B.6. below.
         B.   Users described in division A. above shall submit the information set forth below:
            1.   Identifying information. The name and address of the facility including the name of the operator and owners;
            2.   Permits. A list of any environmental control permits held by or for the facility;
            3.   Description of operations. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
            4.   The location for monitoring all wastes covered by the permit.
            5.   Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 C.F.R. 403.6(e). (See division 6.e. below.) The Control Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
            6.   Measurement of pollutants.
               a.   The Categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for existing sources.
               b.   The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Control Authority, of regulated pollutants in the discharge from each regulated process.
               c.   Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
               d.   The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in division e. below. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Control Authority or the applicable standards to determine compliance with the standard.
               e.   The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division e. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of C.F.R. 40 Part 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with C.F.R. 40 Part 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority.
               f.   Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the 40 C.F.R. part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
               g.   The Control Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
               h.   The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW;
               i.   For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Control Authority may authorize a lower minimum. For other required reporting and assessment of compliance, the Control Authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable Pretreatment Standards and Requirements;
               j.   All users reports must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Control Authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable Pretreatment Standards and Requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Control Authority. Where time-proportional composite sampling or grab sampling is authorized by the Control Authority, the samples must be representative of the Discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 C.F.R. part 136 and appropriate EPA guidance, multiple grab samples collected during a 24- hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Control Authority, as appropriate.
            7.   Certification. A statement, reviewed by an authorized representative of the industrial user (as defined in § 1041.02) and certified to by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional Pretreatment is required for the industrial user to meet the Pretreatment Standards and Requirements.
            8.   Compliance schedule. If additional pretreatment technology and/or O and M will be required to meet the Pretreatment Standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.
               a.   Where the industrial user's categorical Pretreatment Standard has been modified by a removal allowance (40 C.F.R. 403.7), the combined wastestream formula (40 C.F.R. 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. 403.13) at the time the user submits the report required by division B. above, the information required by divisions B.6. and B.7. above of this section shall pertain to the modified limits.
               b.   If the categorical Pretreatment Standard is modified by a removal allowance (40 C.F.R. 403.7), the combined wastestream formula (40 C..F.R. 403.6(e)), and/or a Fundamentally Different Factors variance (40 C.F.R. 403.13) after the user submits the report required by division B. above of this section, any necessary amendments to the information requested by divisions b.6. and b.7. above of this section shall be submitted by the user to the Control Authority within 60 days after the modified limit is approved.
      (3)   Periodic compliance reports.
         A.   Any industrial user subject to a Categorical Pretreatment Standard after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, shall submit to the Control Authority during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Control Authority or the Approval Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical Pretreatment Standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period. The Control Authority may, at its discretion, require more detailed reporting of flows. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (or pollution prevention alternative), the user shall submit documentation required by the Control Authority or the Pretreatment Standard necessary to determine the compliance status of the user. At the discretion of the Control Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Control Authority may modify the months during which the above reports are to be submitted.
         B.   Reporting requirements for industrial users not subject to categorical Pretreatment Standards. The Control Authority must require appropriate reporting from those industrial users with discharges that are not subject to categorical Pretreatment Standards. Significant Non-categorical Industrial Users must submit to the Control Authority at least once every six months (on dates specified by the Control Authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the Control Authority. In cases where a local limit requires compliance with a Best Management Practice or pollution prevention alternative, the user must submit documentation required by the Control Authority to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 C.F.R. part 136 and amendments thereto. This sampling and analysis may be performed by the Control Authority in lieu of the significant non-categorical industrial user. If a user subject to the reporting requirements of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Control Authority, the results of this monitoring shall be included in the report.
         C.   1.   If the results of periodic monitoring indicate noncompliance with any pollutant limit stipulated in the industrial user's discharge permit, or where such limits or permits do not exist, or where monitoring results exceed Federal categorical or local limits, the industrial user shall notify the Public Works & Utilities Director in writing within 24 hours of becoming aware of this nonconforming discharge. The industrial user must then repeat the sampling and analysis and submit the results to the City within 45 days, unless the City samples the industrial user's discharge. If this re- sampling indicates continued noncompliance, then the industrial user shall continue weekly sampling until such time that the results of two repeat samplings indicate a return to compliance status. Results of all such re-sampling must be received by the City within 45 days following such re-sampling. If the City conducts monitoring and becomes aware of a permit violation or parameter exceedance, the City will either conduct the resampling within 30 days or will require the industrial user to resample as described below.
            2.   Re-sampling, as described above, may also be ordered when the City, as a result of its own sampling efforts, discovers a violation of discharge limits. The City will notify the industrial user of a violation and provide a re-sampling schedule to the industry as part of this notification.
            3.   The re-sampling, as described in this division, is not required of any industry monitored on a daily basis by the City.
      (4)   Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 1041.05(c)(2)B.8.:
         A.   The schedule shall contain progress increments 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 pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).
         B.   No increment referred to above shall exceed nine months.
         C.   The user shall submit a progress report to the Director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.
         D.   In no event shall more than nine months elapse between such progress reports to Director.
      (5)   Reports on compliance with categorical pretreatment standard deadline. 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 user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in § 1041.05(c)(2)B.5. and 6. above. For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 1041.03(b)(1) of this chapter, shall contain a reasonable measure of the user's long-term production rate. For all other users 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 user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 1041.07 of this chapter.
      (6)   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, the user shall immediately telephone and notify POTW 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 Public Works & Utilities Director or their designee, 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 (6)A., above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
         D.   Significant industrial users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.
   (d)   Monitoring Facilities. 
      (1)   Each industrial user shall provide and operate, at the user's expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the user's premises, except where such a location would be impractical or cause undue hardship on the user, in which case the City may concur with the facility being constructed in the public street or sidewalk area, provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
      (2)   There shall be ample room in or near such sampling 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.
      (3)   All monitoring facilities shall be constructed and maintained in accordance with the applicable local construction standards and specifications.
      (4)   Record keeping requirements. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored (including the process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with 40 C.F.R. § 403.12(e)(2), or a specific waived pollutant in the case of an individual control mechanism), sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 C.F.R part 403, categorical pretreatment standards, local limits, and state and local law. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with Best Management Practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Public Works & Utilities Director.
   (e)   Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Public Works & Utilities Director, their designee or other parties approved by EPA.
   (f)   Sample Collection. 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.
      (1)   The reports required in this section must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Control Authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Control Authority. Where time-proportional composite sampling or grab sampling is authorized by the Control Authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 C.F.R. part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Control Authority, as appropriate.
      (2)   For sampling required in support of baseline monitoring and 90-day compliance reports required in divisions (b) and (d) of this section, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Control Authority may authorize a lower minimum. For the reports required by divisions (b) through (g) of this section, the Control Authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
   (g)   Right of Entry for Inspection, Sampling and Records Examination. The City may inspect all facilities of all users, including process/manufacturing operations, pretreatment systems and discharge monitoring facilities to determine compliance with the requirements of these regulations. The user shall allow the City or its representatives, upon presentation of credentials of identification, to enter upon the premises of the user on a 24 hour/7 day basis, for the purposes of inspection, sampling, records examination, records copying and the performance of any additional duties deemed appropriate by the City’s representative. Should the City’s representative discover a significant permit violation that may threaten the public, the collection system or the performance of the POTW, the City's representative shall have the authority to immediately order the user to terminate discharge to the City's sewerage system. The City 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. The City may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment, upon approval by the City, shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated monthly to ensure their accuracy. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the verbal order of the City’s representative. The cost of clearing and maintaining safe access shall be borne by the user. Unreasonable delays in allowing the City’s representative access to the user’s premises shall be a violation of this chapter and may result in immediate termination of service.
   (h)   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 user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information will divulge information or processor methods of production entitled to protection as trade secrets or proprietary information of the user. When requested by a user furnishing a report, the portions of a report which may 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 these regulations, the NPDES permit, the State disposal system permit and/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 user in furnishing the report. 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 ten-day notification is given to the user.
   (i)   Submittal of SIU List. The City shall submit a list of all SIUs to the Ohio EPA, indicating in which criteria the industrial user meets the SIU definition. The City must also indicate all non- categorical significant industrial users it proposes to de-list.
   (j)   Industrial User Notification. The City must notify significant industrial users of their status and applicable requirements within 30 days of Ohio EPA approval.
   (k)   Notification Requirements of Permittee. All industrial users shall promptly notify the Public Works & Utilities Director in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 C.F.R. 403.12(p).
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
§ 1041.06 ENFORCEMENT.
   (a)   Emergency Suspension of Service and Contribution Permits. 
      (1)   The City shall have the legal authority and procedures via the City’s Enforcement Response Plan (ERP) to immediately and effectively halt or prevent any discharge of pollutants into the City's wastewater collection and treatment facilities which reasonably appears to present an imminent endangerment to the health or welfare of persons. The City shall also have the authority and procedures (which shall include notice to the affected industrial users and an opportunity to respond) to halt or prevent any discharge to the treatment facilities which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the treatment facilities.
      (2)   Any user notified of a suspension of wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the user to comply voluntarily with the suspension order, the City shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the City's wastewater collection and treatment facilities or endangerment to any individuals. The City shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Public Works & Utilities Director within 15 days of the date of occurrence.
   (b)   Revocation of Permit. Any user who violates applicable City, State or Federal pretreatment regulations, is subject to have its permit revoked for any cause deemed appropriate by the City, including, but not limited to, the following reasons:
      (1)   Failure of a user to factually report the wastewater constituents and characteristics of its discharge;
      (2)   Failure of the user to report significant changes in operation, or wastewater constituents and characteristics;
      (3)   Refusal of 24 hour/7 day per week access to the user's premises for the purpose of inspection or monitoring; or
      (4)   Falsifying self-monitoring reports and certification statements;
      (5)   Tampering with monitoring equipment;
      (6)   Failure to meet effluent limitations;
      (7)   Failure to pay fines or sewer charges;
      (8)   Material violation of conditions of the permit.
   (c)   Termination of Service. Any user having its discharge permit revoked or any user who would be required by these regulations to obtain such a permit and fails to do so, shall have its sewer service terminated without notice if the user knowingly operates for 30 days without such discharge permit in force.
   (d)   Notification of Violations. Whenever the City finds, or has reason to believe, that any user has violated or is violating these regulations, the wastewater contribution permit, or any prohibition, limitation or requirements contained herein, the City shall serve upon such person a written notice stating the nature or suspected nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Public Works & Utilities Director by the user. Nonetheless, the City reserves the right to modify or terminate any user’s permit, without notice, at any time and for any reason deemed to be in the City's best interest.
   (e)   Administrative Orders. 
      (1)   Any user who operates without a discharge permit or is in continuing significant noncompliance with a current discharge permit shall be subject to administrative orders. These, at the discretion of the Director, may include any or all of the following administrative remedies:
         A.   Compliance schedule. A schedule issued by the City outlining progressive steps to achieve compliance.
         B.   Cease and desist order. An order requiring immediate action to halt a non- complying discharge.
         C.   Administrative fine. Authority to seek or assess a minimum penalty of at least one thousand dollars ($1,000) per permit violation per day.
         D.   Show cause hearing. The City may order a user which has violated or continues to violate any provision of Chapter 1041, its City discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the City Manager to show cause why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Manager regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action, and directing the user to show cause before the City Manager why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation. The City Manager may conduct the hearing and take the evidence, or may designate any employee of the Department of Public Works & Utilities to:
            1.   Issue, in the name of the City Manager, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
            2.   Take the evidence.
            3.   Transmit a report of the evidence and hearing transcripts with other evidence, together with recommendations, to the City Manager for action thereon.
      (2)   At any hearing held pursuant to these regulations, testimony taken must be under oath and recorded stenographically or digitally. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
      (3)   After the City Manager has reviewed the evidence, they may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued including temporary or permanent termination of service.
   (f)   Legal Action. If any user discharges sewage, industrial wastes or other wastes into the City's wastewater collection and treatment facilities contrary to the provisions of these regulations, Federal or State pretreatment requirements, or any order of the City, the City Law Director may commence an action for appropriate legal and/or equitable relief before or after termination of service.
   (g)   Enforcement Actions; Annual Publication. The Public Works & Utilities Director shall publish, prior to February 1 of each year, a list of all industrial users, which, at any time during the previous twelve months were in significant noncompliance with applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violations meet one or more of the following criteria:
      (1)   Chronic violations of wastewater discharge limits, defined herein as those in which 66% or more of all of the measurements taken 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);
      (2)   Technical review criteria (TRC) violations, defined herein as those in which 33% or more of all of the measurements for each pollutant parameter taken 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(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
      (3)   Any other violation of a Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 C.F.R. 403.3(l) (daily maximum or longer term average, instantaneous limit or narrative standard) that the Public Works & Utilities Director determines has caused, alone or in combination with other discharges, interferences, or pass through (including endangering the health of the POTW personnel or the general public);
      (4)   Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority under 40 C.F.R. 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
      (5)   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;
      (6)   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;
      (7)   Failure to accurately report noncompliance;
      (8)   Any other violation or group of violations which may include a violation of Best Management Practices, which the Public Works & Utilities Director determines will affect or has adversely affected the operation or implementation of the City's pretreatment program.
   (h)   Right of Appeal. Any user or interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by these regulations, and shall be entitled to a prompt written reply. In the event that such inquiry is by a user and deals with matters of performance or compliance with these regulations or deals with a wastewater contribution permit issued pursuant hereto for which enforcement activity relating to an alleged violation is the subject, receipt of a user's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final administrative order or judicial order entered pursuant to this chapter may be taken in accordance with local and State law.
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
§ 1041.07 RECORDS RETENTION; SIGNATORY AND CERTIFICATION REQUIREMENTS.
   (a)   Records Retention. Any industrial user subject to these regulations shall retain and preserve, for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of a user in connection with its discharge, including documentation associated with Best Management Practices. Records shall include the date, exact place, method, and time of sampling; the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
   (b)   Signatory and Certification Requirement. All wastewater discharge permit applications and user reports shall be signed in ink by an Authorized Representative of the User and contain the following certification statement:
   “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of assessment and imprisonment for knowing violations.”
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
§ 1041.08 SPECIAL AGREEMENTS.
   No provision contained in this chapter shall be deemed to prevent any special agreement or arrangement between the City and any person whereby wastewater of unusual strength or characteristic may be accepted by the City for treatment which will not violate or cause the City and/or the user to violate Federal or State pretreatment or discharge standards and which will not be harmful to the system.
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
§ 1041.99 PENALTY.
   (a)   Injunctive Relief. When the Director finds that a user has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may request the Law Director to petition the Middletown Municipal Court, the Butler County Common Pleas Court, or the U.S. Federal District Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit order, or other requirement imposed by this chapter 1041 on activities of the user. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
   (b)   Civil Penalties. Any user who is found to have violated an order of the City Manager or who willfully or negligently failed to comply with any provision of these regulations, and the orders, rules, regulations, permits or previously administered orders issued hereunder, shall be assessed a monetary penalty of not more than ten thousand dollars ($10,000) per offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated these regulations or the orders, rules, regulations, and permits issued hereunder.
   (c)   Criminal Prosecution.
      (1)   A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a gross misdemeanor, punishable by an assessment of not more than ten thousand dollars ($10,000) and/or one year in jail. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
      (2)   A user who willfully or negligently introduces any substance into the POTW that causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of not more than ten thousand dollars ($10,000) and/or one year in jail. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
      (3)   A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained pursuant to this chapter, a wastewater discharge permit, or an order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a gross misdemeanor, and punished by an assessment of not more than ten thousand dollars ($10,000) and/or one year in jail. Each day a violation occurs shall constitute a separate offense.
(Ord. O91-24, passed 4-2-1991; Am. Ord. O2016-65, passed 12-6-2016; Am. Ord. O2021-22, passed 3-16-2021.)
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