(a) All industrial users, either connected to or proposing to connect to, or discharging or proposing to discharge sewage, industrial wastes or other wastes to the POTW, shall complete and file with the Service Director a disclosure statement in the form prescribed by the Service Director. Proposed new users shall file the appropriate forms at least ninety days prior to connecting to or contributing to the sewage system and shall have obtained such approval from the Authority before such connection or contribution is made. Existing industrial users shall file the required forms within thirty days after receiving an official request by the Authority. The user shall submit, in units and terms appropriate for evaluation, the following information:
(1) The name, address and location of the facility;
(2) The SIC number, according to the latest Standard Industrial Classification Manual, Office of Management and Budget, as amended;
(3) The wastewater constituents and characteristics required by the Authority as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA pursuant to Section 304 (9) of the Act and contained in 40 CFR Part 136, as amended;
(4) The time and duration of discharges;
(5) The average daily and peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
(6) The site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation;
(7) A description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;
(8) The nature and concentration of any pollutants in the discharge which are limited or prohibited by the Authority and/or by State or Federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(9) If additional pretreatment and/or operation and maintenance will be required to comply with this chapter, the shortest compliance schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
A. The compliance schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.).
B. No increment referred to in paragraph (a)(9)A. shall exceed nine months.
C. No later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a compliance schedule progress report to the Authority, including, at a minimum, whether or not such user has complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with this increment of progress, the reason for the delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Authority.
(10) Each product produced by type, amount, process or processes and rate of production;
(11) The type and amount of raw materials processed (average and maximum per day);
(12) The number and type of employees, the hours of operation of the plant and the proposed or actual hours of operation of the pretreatment system;
(13) For users subject to categorical regulations in terms of allowable pollutant discharge per unit of production, the user's actual production during the period sampled as per 40 CFR 403.12(d);
(14) A certification statement, as required in 40 CFR 403.6(a)(2)(ii); and
(15) Any other information as may be deemed by the Authority to be necessary to evaluate the permit application.
(b) The Authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue an industrial waste permit subject to the terms and conditions provided in this chapter.
(c) When deemed necessary by the Service Director, a nonresidential user shall be required to construct and maintain one or more monitoring facilities, control manholes, access points or measuring devices to facilitate observation, measurement and sampling of the wastes, including domestic sewage.
(1) When required by the Service Director, control manholes, access facilities or any necessary meters shall be located and constructed in a manner acceptable to the Service Director. If measuring devices are to be permanently installed, they shall be of a type acceptable to the Service Director. Plans for the installation of control manholes or access facilities and related equipment shall be approved by the Service Director prior to the beginning of construction. The structures and facilities shall be installed by the owner at his or her expense and maintained by him or her so as to be safe and accessible at all times.
(2) Each discharger shall provide and operate, at the discharger's own expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the Authority. Each monitoring facility shall be situated on the discharger's premises, except that where such a location would be impractical or cause undue hardship on the discharger, the Authority may agree to the construction of the facility in public street or sidewalk area, provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
(3) There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.
(4) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of a building sewer permit by the discharger. All new sources must have the monitoring facility on line prior to the initiation of discharge to the sewer system.
(5) In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole at which the building sewer is connected to the public sewage system.
(d) No person shall discharge industrial waste, either directly or indirectly, into the POTW without first obtaining approval and/or a written permit from the Authority. Approval and/or a written permit may be issued after the Authority has ascertained that the discharge of waste in the particular instance is not in violation of these regulations and, if necessary, the discharge shall receive satisfactory pretreatment as may be required by these regulations. Industries classified as significant industrial users, and others as deemed necessary by the Authority, shall obtain the written permit.
Obtaining an approval and/or a discharge permit does not relieve the industry from its obligation to obtain other permits required by Federal, State or local law. Upon due notification and for just cause, the Authority has the right to revoke or suspend any permit issued in accordance with these regulations.
(1) Industrial waste permits shall specify no less than the following:
A. Fees and charges to be paid upon initial permit issuance;
B. Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
C. Limits on the average and maximum rate and time of discharge and/or requirements for flow regulation and equalization;
D. Requirements for installation and maintenance of inspection and sampling facilities;
E. Special conditions as the Service Director may reasonably require under particular circumstances of a given discharge, including sampling locations, frequency of sampling, number of tests, types of tests, standards for tests and the reporting schedule;
F. Compliance schedules; and
G. Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this chapter.
(2) All industrial waste permits are issued for a specified time period not to exceed five years.
(3) An expired permit will continue to be effective and enforceable until the permit is reissued if the industrial user has submitted a completed permit application at least ninety days prior to the expiration of the industrial user's current permit, and if the failure to reissue the permit, prior to its expiration, is not due to any act or failure to act on the part of the industrial user.
(4) The Service Director reserves the right to amend any industrial waste permit issued hereunder in order to assure compliance with applicable laws and regulations. Any request for modification filed by the industrial user does not stay the existing permit. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the industrial waste permit of each industrial user subject to such Standards shall be revised to require compliance with such Standards within the time frame prescribed by such Standards. Where an industrial user, subject to National Categorical Pretreatment Standards, has not previously submitted a disclosure statement pursuant to subsection (a) hereof, the industrial user shall submit a disclosure statement to the Service Director, within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U. S. EPA. In addition, the industrial user with an existing industrial waste permit shall submit to the Service Director, within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by paragraphs (a)(8) and (9). The industrial user shall be informed of any proposed change in his or her permit at least thirty days prior to the effective date of such change. Any change or new condition in the permit shall include a reasonable time schedule for compliance. In addition, the Authority will forward pertinent information regarding changes in the National Categorical Pretreatment Standards to industries affected, if the information received by the Authority from the EPA does not indicate that the industry has already been informed by the EPA.
(5) The Service Director will provide all interested persons with notice of final permit decisions. Upon notice by the Service Director, any person, including the industrial user, may petition to appeal the terms of the industrial waste permit within thirty days of the notice. All such appeals are subject to the following conditions:
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.
B. In its petition, the appealing party must indicate the industrial waste permit provisions objected to, the reason for this objection and the alternative condition, if any, it seeks to have placed in the industrial waste permit.
C. The industrial waste permit shall be in effect and shall not be stayed pending a reconsideration by the Authority. If, after considering the petition, the Authority determines that reconsideration is proper, the Authority shall remand the industrial waste permit for reissuance. Those industrial waste permit provisions being reconsidered shall be stayed pending reissuance.
D. The Authority's decision not to reconsider a final industrial waste permit shall be considered the final administrative action for purposes of judicial review.
E. Industrial waste permits are issued to a specific industrial user for a specific operation and are not assignable to another industrial user or transferable to any other location without the prior written approval of the Service Director.
(Ord. 21-94. Passed 6-28-94.)
(Ord. 21-94. Passed 6-28-94.)