921.12 CONTROL OF INDUSTRIAL WASTES.

   (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.)

921.13 REPORTING REQUIREMENTS.

   Within ninety days following the date for final compliance by the discharger with applicable pretreatment standards set forth in these regulations, or no longer than ninety days following commencement of the introduction of wastewater into the Authority's treatment system by a new discharger, and thereafter during the months of June and December, unless required more frequently in the standards or by the Authority, any discharger subject to these regulations shall submit to the Authority a report indicating the actual nature and concentration of all prohibited or regulated substances contained in its discharge which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported. Flows shall be reported on the basis of actual measurement, provided, however, that where cost or feasibility considerations justify it, the Authority may accept reports of average and maximum flows estimated by verifiable techniques. The Authority, for good cause shown, considering such factors as local high or low flow rates, holidays, budget cycles or other extenuating factors, may authorize the submission of said reports on months other than those specified above.

   (a)   Reports of industrial users shall contain results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Authority. The frequency of monitoring by the discharger shall be as prescribed by the Authority. A determination of the character and concentration of the industrial wastes shall be made by the user responsible for the discharge. The Village shall make its own analysis on the discharge and these determinations shall be binding as a basis for charges, except that when the analyses performed by the industrial user and the Village result in substantially different values, an effort shall be made by the industrial user to collect samples at the same time the Village collects its samples. The results of the new analyses shall be compared and the differences shall be negotiated.

      (1)   All collected samples must be of such nature that they provide a true and accurate representation of the industry's normal workday effluent quality.

      (2)   Chain-of-custody procedures, sample preservation techniques, and sample holding times recommended by EPA shall be followed in all self-monitoring activities.

      (3)   Monitoring shall be performed at the approved monitoring station on the effluent sewer. Location and design of the monitoring station shall be subject to the review and approval of the Village. Any change in monitoring location will be subject to the approval of the Village.

      (4)   All analyses shall be performed in accordance with procedures established by EPA under the provisions of Section 304(h) of the Act [33 USC 1314(h)] and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by EPA or the Village. Sampling shall be performed in accordance with the techniques approved by EPA or the Village.

      (5)   Except as indicated in Subparagraphs (6) and (7) below, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Service Director. Where time-proportional composite sampling or grab sampling is authorized, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to analysis as follows: for hexavalent chromium, cyanide, total phenols, and sulfides, the samples may be composited in a 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 Service Director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

      (6)   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Alternately, pH compliance may be accessed through the use of a strip-chart or a circular chart over the monitoring period from a continuous pH recorder, at the discretion of the Service Director.

      (7)   For sampling required in support of compliance reports required 40 CFR 503.12(b)and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides, and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the Service Director may authorize a lower minimum. For reports required by 40 CFR 403.12(e) and (h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards.

      (8)   If a violation is detected through sampling and analysis conducted by the Village in lieu of the industrial user, the Village shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.

      (9)   Where a pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Service Director or applicable standard.

   (b)    Reports shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional facilities, operation and maintenance and/or pretreatment is necessary to gain compliance with the applicable pretreatment standards or requirements.

   (c)   If an industrial user's sampling analysis indicates a violation, the industrial user must notify the Authority within twenty-four hours of receiving verification of the violation as per 40 CFR 403.12(9)(2). The industrial user shall re-sample and submit the results within thirty days from receipt of the initial sampling results. Any violation of this chapter revealed by the industrial user's sampling shall be considered to continue until a subsequent sampling analysis shows the industrial user to be in compliance.

   (d)   All reports required under this chapter shall include a certification statement as required in 40 CFR 403.6(a)(2)(ii) and amendments thereto. Additionally, all reports shall be signed by:

      (1)   A president, vice president, secretary or treasurer of a corporation;

      (2)   A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively; or

      (3)   The manager of one or more manufacturing, production, or operating facilities, provided that the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and to initiate and direct 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

   (e)   Information and data furnished to the Authority with respect to the nature and frequency of discharges shall be available to the public or to another governmental agency without restriction, unless the discharger specifically requests confidentiality and is able to demonstrate to the satisfaction of the Authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger. When requested by a discharger furnishing a report, the portions of such 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 this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, the State disposal system permit and/or pretreatment programs. However, 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 discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Authority as confidential shall not be transmitted to any governmental agency or to the general public by the Authority until and unless a ten-day notification is given to the discharger.

   (f)   All industrial users shall promptly notify the Service Director at least two weeks 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 is required to submit notification under 40 CFR 403.12(p). For the purpose of this section, substantial change shall mean a change, in either discharge flow or mass of pollutants, of more than twenty percent above or below the daily average flow or mass.

   (g)   All industrial users who discharge or propose to discharge wastewater to the wastewater treatment system shall maintain such records of production and related factors, effluent flows and pollutants as are necessary to demonstrate compliance with the requirements of any applicable State or Federal pretreatment standards. Such records shall be made available upon request by the Authority. All such records relating to compliance with pretreatment standards shall be made available to officials of the Ohio EPA and the U.S. EPA. All dischargers subject to these regulations shall retain, for no less than three years, any records, documents, reports and correspondence, and any summaries thereof, relating to monitoring, sampling and analysis made by or for the discharger in connection with its discharge. All records which pertain to matters subject to administrative adjustment or other enforcement or litigation activities brought by the Authority pursuant hereto shall be retained by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any appeals have expired.

   (h)   Any industrial user which experiences an upset, as defined in Section 921.02 shall inform the Service Director as soon as possible, but not later than twenty-four hours after first becoming aware of the upset. Where information is given orally, a written follow-up report shall be filed by the industrial user with the Service Director within five days. The report shall include:

      (1)   A description of the upset, its cause and its impact on the industrial user's compliance;

      (2)   The duration of noncompliance, including exact dates and times of noncompliance, and, if the noncompliance continues, the time by which compliance is reasonably expected to occur; and

      (3)   All steps taken or to be taken to reduce, eliminate and prevent a recurrence of such an upset or other condition of noncompliance.

A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Authority against an industrial user for noncompliance with this chapter which arises out of violations alleged to have occurred during the period of upset. The industrial user seeking to establish the occurrence of an upset shall have the responsibility to provide proof of such upset.

   (i)   In the event any substance or waste, the discharge of which is prohibited by Section 921.07(f) of this chapter, is discharged to the sewage system, the person responsible for the discharge shall notify the Authority immediately so that remedial action can be taken. All costs to correct any damage resulting from such discharge shall be charged to the person responsible for the discharge. Each such discharge shall be considered separately and costs shall be levied accordingly. Failure to report such discharge or to take corrective measures necessary to prevent a subsequent noncomplying discharge, after being notified by the Authority to do so and being given a reasonable time in which to take such measures, shall result in the sewer through which the discharge enters the public sewer being disconnected. Said sewer will not be reconnected until, in the opinion of the Authority, proper corrective measures have been implemented.

      (Ord. 6-14. Passed 2-25-14.)

921.14 RULES AND REGULATIONS; DISPOSAL OF NONACCEPTABLE WASTE.

   (a)    The Authority shall make and enforce rules and regulations establishing the types and characteristics of sewage, industrial wastes and other matter which shall be discharged into the sanitary sewage system, the types and characteristics of sewage and industrial wastes admissible to the system only after pretreatment, and requisites for pretreatment, and otherwise governing the discharge of sewage, industrial wastes and other matter into the system in the interest of safety and efficient operation of the wastewater treatment facilities.

   (b)    In cases where the characteristics of sewage or industrial waste from any manufacturing or industrial plant, building or premises are such that it will damage the sewage system or cannot be treated satisfactorily at the wastewater treatment plant, the Authority shall compel such users to dispose of such waste and prevent it from entering the sewage system.

(Ord. 21-94. Passed 6-28-94.)