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PRETREATMENT PROVISIONS
(A) Introduction. This subchapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system and enables the city to comply with all applicable state and federal pretreatment regulations (40 CFR Part 403).
(B) Federal standards supersede. Any existing or new federal categorical pretreatment standards shall immediately supersede the limitations imposed under this chapter if more stringent. In such a case, the Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
(C) Modification of federal pretreatment standards.
(1) Where the city's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. CONSISTENT REMOVAL shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent.
(2) The city reserves the right to establish as described in § 51.062(P), more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the city or state. (Exception is made when applicable to dilution to meet the pH requirement.)
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21) Penalty, see § 51.999
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter and operational upset of pretreatment facilities. Facilities to prevent accidental discharge of prohibited materials and operational upsets shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by 180 days after the effective date of this chapter. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge and operational upset procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. Copies of the user's spill prevention control and countermeasure (SPCC) plan and the pollution incidence prevention plan (PIPP) shall be filed with the city.
(A) Immediate notice. In the case of an accidental discharge or operational upset, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(B) Written notice. Within five days following an accidental discharge or operational upset, the user shall submit to the Manager 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 POTW, fish kills, or any other damage to person 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.
(C) Notice to employees. 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 a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21) Penalty, see § 51.999
The pretreatment program shall be funded as provided by § 51.100 of this chapter.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)
It shall be unlawful to discharge any wastewater to the municipal sanitary sewer collection system or other natural outlets within the jurisdiction of the city except as authorized by the city in accordance with this chapter.
(A) The discharge of all major contributing dischargers shall be subject to review by the city as provided in § 51.064 of this chapter.
(1) A wastewater contribution permit shall be obtained for any discharge from a major contributing discharger which is characterized by the city as any one of the following:
(a) A discharge with potential to cause violation of the municipal NPDES permit limitations or water quality standards of the stream receiving the effluent of the treatment works;
(b) A discharge with potential to cause interference with the treatment process or wastewater sludge disposal procedures;
(c) A discharge regulated by federal EPA categorical pretreatment standards;
(d) A discharge from any pretreatment facility;
(e) A discharge allowed under a SAL as provided by § 51.065 of this chapter.
(f) A discharge from any significant industrial user as defined in § 51.002 of this chapter.
(2) A wastewater contribution permit shall be obtained within 180 days after the effective date of this chapter for existing major contributing dischargers required by the city to obtain a permit. All other permits shall be obtained prior to connection to the sewer system.
(B) Users required to obtain a wastewater contribution permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a fee. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the information required in § 51.064, herein. The following information shall also be submitted:
(1) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, 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 (O & M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(2) If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment shall be submitted to the Superintendent. 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 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 contract for major components commencing construction, completing construction and the like).
(b) No increment referred to in (B)(1)(a) above shall exceed nine months.
(c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for 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 Superintendent.
(3) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
(C) Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to required compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by division (B) above of this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by divisions (B)(1) and (2) above.
(D) Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards of tests and reporting schedule;
(6) Compliance schedules;
(7) Best management practices;
(8) Requirements for submission of technical reports or discharge reports;
(9) Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city, and affording city access thereto. All records shall be retained for a minimum of three years or in the case of enforcement actions until all enforcement activities have concluded;
(10) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(11) Requirements to control slug discharges, if determined necessary by the WRRF Superintendent;
(12) Requirements for notification of slug discharges;
(13) Requirements placing the waste treatment facilities, process facilities, waste streams, or other potential waste problems under the specific supervision and control of persons who have been certified by an appropriate state agency as properly qualified to supervise such facilities;
(14) Other conditions as deemed appropriate by the city to ensure compliance with this chapter;
(15) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines; and
(16) Shall contain at least the following: the term of the permit; a statement of non- transferability; specific discharge limitations; monitoring, sampling, recordkeeping, notification, and reporting requirements; as well as compliance schedules, and a statement of penalties.
(E) Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified, due to a change in contribution by the user, or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(F) Wastewater contribution permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city.
(G) Any user issued a wastewater discharge permit shall submit to the Superintendent during the month of June and December, unless required more frequently, a report indicating the nature and concentration of pollutants in the effluent and any other information the Manager deems necessary as listed in § 51.064.
(H) The Superintendent may impose mass limitations on users in cases where they are appropriate, in such cases, the report required by division (G) above of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
(I) Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
(J) Wastewater discharge permit revocation. The Plant Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the Plant Superintendent of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Plant Superintendent of changed conditions;
(3) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Plant Superintendent timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or these rules.
(K) Food establishments and other facilities required to install and maintain grease interceptors are required to obtain a grease interceptor permit. Grease interceptor permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards of tests and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of interceptor cleaning, pump out, and maintenance records;
(8) Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city, and affording city access thereto. All records shall be retained for a minimum of three years or in the case of enforcement actions until all enforcement activities have concluded;
(9) Other conditions as deemed appropriate by the city to ensure compliance with this chapter;
(10) And shall contain at least the following: the term of the permit; a statement of non- transferability; specific discharge limitations; monitoring, sampling, recordkeeping, notification, and reporting requirements; as well as compliance schedules, and a statement of penalties.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)
(A) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical pre-treatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Plant Superintendent a report which contains the information listed in division (A)(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Plant Superintendent a report which contains, the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below:
(a) Identifying information. The name and address of the facility, including the name of the operator and owner;
(b) Environmental permits. A list of any environmental control permits held by or for the facility;
(c) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operations 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;
(d) 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 wastestream formula set out in 40 CFR 403.6(e);
(e) Measurement of pollutants.
1. The categorical pre-treatment standards applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Plant Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 CFR;
(f) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements;
(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 51.062 of this chapter;
(h) Signature and certification. All baseline monitoring reports must be signed and certified by an authorized representative in accordance with § 51.002 of this chapter.
(B) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 51.085(A)(2)(g) of this chapter.
(1) 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);
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the Plant Superintendent 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; and
(4) In no event shall more than nine months elapse between such progress reports to the Plant Superintendent.
(C) Reports on compliance with categorical pretreatment standard deadlines.
(1) 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 Plant Superintendent a report containing the information described in § 51.085(G) of this chapter. For users subject to equivalent mass or concentration, limits established in accordance with the procedures in 40 CFR 403.6(c)1. this report shall contain a reasonable measure of the user's long-term production rate.
(2) 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 by an authorized representative as defined in § 51.002 of this chapter.
(D) Periodic compliance reports.
(1) All significant industrial users shall, at a frequency determined by the Plant Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified by an authorized representative as defined in § 51.002 of this chapter.
(2) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that the sample results are unrepresentative of its discharge.
(3) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Plant Superintendent, the results of this monitoring shall be included in the report.
(E) Reports of changed conditions. Each user must notify the Plant Superintendent of any planned significant changes to the user's operations or system, which might alter the nature, quality, or volume of its wastewater at least ten days before the change.
(1) The Plant Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application as required by this chapter.
(2) The Plant Superintendent may issue a wastewater discharge permit under Section 51.084 of this chapter or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
(3) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater, and the discharge of any previously unreported pollutants.
(F) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Plant Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) Within five days following such discharge, the user shall, unless waived by the Plant Superintendent, submit a detailed written report describing the causes 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 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.
(G) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Plant Superintendent as he/she may require.
(H) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Plant Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Plant Superintendent within 30 days after becoming aware of the violation. The user is not required to resample if the Plant Superintendent monitors at the user's facility at least once a month, or if the Plant Superintendent samples between the user's initial sampling and when the user receives the results of this sampling.
(I) Notification of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and EGLE, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division (I)(1) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 51.085(E) of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pre-treatment standards under the self-monitoring requirements required by wastewater discharge permits.
(2) Dischargers are exempt from the requirements of § 51.085(I)(1), above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Plant Superintendent, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(J) 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 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
(K) Sample collection.
(1) Except as indicated in § 51.085(K)(2), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Plant Superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, PFAS, and volatile organic compounds must be obtained using grab collection techniques.
(L) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(M) Record keeping. 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, including documentation associated with best management practices, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the persons 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 Plant Superintendent.
(Ord. 1074, passed 9-27-21)
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