(a) Prohibited Nonresidential Discharges.
(1) It shall be unlawful for any nonresidential user to discharge without a permit to any natural outlet within any area under the jurisdiction of the Authority, any wastewater except as authorized by the Authority in accordance with this regulation.
(2) In cases where the characteristics of sewage or industrial waste from any manufacturing or industrial plant, building, or premises is such that it will damage the sewerage 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 sewerage system.
(b) New Nonresidential Users.
(1) All nonresidential users proposing to connect to or to contribute to Authority's wastewater works must obtain a Wastewater Discharge Permit at least sixty (60) days prior to connecting to or contributing to the Authority's sewage disposal system.
(2) Users required to obtain a nonresidential Wastewater Discharge Permit shall complete and file with the Authority, a Permit Application in the form prescribed by the Authority, and accompanied by a building permit fee set in accordance with Section 921.09
currently in effect. In support of the Wastewater Discharge Permit Application, the user shall submit, in units and terms appropriate for evaluation, the following information:
A. Name, address, and location (if different from the address);
B. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
C. Wastewater constituents and characteristics as required by the Authority as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
D. Time and duration of contribution;
E. Average daily and three (3) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
F. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
G. Description of activities, facilities and plant processes on the premises, including all materials which are to be or could be discharged;
H. Where known, the nature and concentration of any pollutants in the discharge which are limited by any Authority, 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;
I. Each product produced by type, amount, process or processes, and rate of production.
J. Type and amount of raw material processed (average and maximum per day).
K. Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
L. Any other information as may be deemed by the Authority to be necessary to evaluate the permit application.
M. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operation and maintenance activities.
1. 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 discharger to comply with the requirements of this chapter including, but not limited to dates related to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this chapter.
2. Under no circumstance shall the Authority permit a time increment for any single step directed toward compliance which exceed nine months.
3. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the Authority, including no less than a statement as to whether or not it complied with the increment of progress represented by the 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 discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the Authority.
4. Failure of a discharger to meet the compliance schedule for additional pretreatment or operation and maintenance activities shall constitute a violation of this chapter.
N. All disclosure forms shall be signed by a responsible corporate officer or an authorized representative of that individual for the discharger, and a qualified engineer (licensed professional);
O. All sewers shall have an inspection and sampling manhole or structure with an opening of no less than 24 inches diameter and an internal diameter of no less than 36 inches containing flow measuring, recording, and sampling equipment as required by the Authority to assure compliance with this chapter.
(3) The Authority will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the Authority shall notify the discharger of the Authority's acceptance thereof.
(4) The Authority reserves the right to amend this regulation and the terms and conditions hereof in order to assure compliance by the Authority with applicable laws and regulations. All National Categorical Pretreatment Standards adopted after the promulgation of this chapter shall be adopted by the Authority as part of this regulation. Where a discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted a required disclosure, the discharger shall file a disclosure form with the Authority within 90 days after the promulgation of the Applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any discharger operating on the basis of a previous filing of a disclosure statement, shall submit to the Authority within 90 days after the promulgation of any applicable National Categorical Pretreatment Standard, the additional information required herein.
(c) Regulated Nonresidential Discharges.
(1) In cases where the character of sewage or industrial waste from any manufacturing or industrial plant, building or premises shows excessive flow rates or concentration of pollutants such that it imposes an unreasonable burden upon the sewage collection, pumping, or treatment works greater than that imposed by the average sewage entering the sewage system, the Authority may:
A. Comply such manufacturing or industrial plant, building, or premises to pretreat such sewage in such manner as specified by the Authority before discharging it into the sewerage system;
B. Require flow control or equalization of such wastes so as to avoid any slug loads or excessive loads that may be harmful to the treatment works; and/or,
C. Require payment of a surcharge on any excessive loadings discharged to the treatment works to cover the additional costs of treating such wastes.
(d) Limitations on Wastewater Strength.
(1) National categorical pretreatment standards as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act and amended thereto 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 Authority, when the Authority's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7.
(2) State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance.
(3) The Authority reserves the right to amend any ordinance and administrative orders to provide for more stringent limitations or requirements on discharges to the Authority's treatment system where deemed necessary to comply with the objectives of an ordinance.
(4) No discharger 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 or any ordinance and administrative orders.
(5) Supplementary limitations. No industrial discharger shall discharge wastewater containing concentrations of the materials contained in the administrative orders which state the most limits between the Categorical Standards and local limits. The Authority shall issue administrative orders to any industrial user to require compliance with any requirements under these regulations, including applicable Categorical Pretreatment Standards, other discharge limits and reporting requirements. The Authority may impose mass limitations on dischargers which are using dilution to meet the Pretreatment Standards or requirements of these regulations, or in other cases where the imposition of mass limitations is deemed appropriate by the Authority.
(e) Reporting Requirements for Discharger.
(1) Compliance date report. Within 90 days following the date for final compliance by the discharger with applicable Pretreatment Standards set forth in these regulations or no longer than 90 days following commencement of the introduction of wastewater into the Authority's treatment system by a new discharger, 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, and the actual average and maximum daily flow in gallons. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the discharger into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the discharger, and certified to by a qualified engineer (licensed to practice in the State of Ohio).
(2) Periodic compliance reports. Any discharger subject to a Pretreatment Standard set forth in these regulations, after the compliance date of such Pretreatment Standard, or in the case of a new discharger, after commencement of the discharge to the Authority, shall submit to the Authority on a quarterly basis, unless required more frequently by the Authority, a report indicating the nature and concentration, of prohibited or regulated substances in the effluent 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, where cost or feasibility considerations justify, 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 discharger shall contain results of sampling and analysis of the discharger, 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 in the applicable Pretreatment Standard of these regulations. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto.
(Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling, and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, latest edition and amendments thereto, or with any other sampling and analytical procedures approved by the administrator of the U.S. EPA).
B. If during sampling, violations of the limits occur, the industrial user must notify the Authority within 24 hours of receiving verification of violation. The industrial user shall resample and submit the results within 30 days from receipt of initial sampling results.
(3) Monitoring facilities.
A. 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 where such a location would be impractical or cause undue hardship on the discharger, the Authority may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
B. 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 discharger.
C. 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 discharger. All new sources must have the monitoring facility on line prior to the initiation of discharge to the sewer system.
(4) Inspection and sampling. The Authority may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the Authority or its representatives, upon presentation of credentials of identification, to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling, or records examination. The Authority shall have the right to set on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or meeting operations.
(5) Confidential information. Information and data furnished to the Authority with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests 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 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 this chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, 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 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) Pretreatment Interceptors.
(1) All food establishments which maintain a kitchen or other facilities for the preparation of food may be required by the Authority to have a grease interceptor of sufficient capacity, except such interceptor shall not be required for private residential dwellings.
(2) Other nonresidential users may be required by the Authority to install grease, oil and sand interceptors of sufficient capacity if in the opinion of the Authority, they are necessary to protect the sewerage system.
(3) All interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. All interceptors shall be located as to be readily accessible for cleaning and inspection.
(g) Pretreatment Costs. Any pretreatment facility or flow-equalizing facilities required by the Authority shall be constructed, owned, maintained, repaired and replaced at the cost of the owner. Prior to construction of such facilities, the owner shall submit and receive the Authority's approval of detailed design plans for the facilities. Thereafter, such facilities shall be maintained continuously in satisfactory operation at the cost of the owner.
(1) At no time shall the pretreatment system be bypassed. If a bypass is necessary, the Authority must be notified at least ten days in advance if the bypass is planned. If the bypass is accidental, the Industrial User shall notify the Authority orally within 24 hours of becoming aware of the bypass. Within five days of orally notifying the Authority, a written description of the bypass, its cause, its duration and actions to rectify the problem shall be submitted.
(2) All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in these regulations shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” unless such standards conflict with regulations promulgated by the U.S. Environmental Protection Agency, in which case, the regulations promulgated by the Environmental Protection Agency shall govern. Sampling methods, location, times, duration, and frequencies shall be determined on an individual basis subject to approval by the Superintendent. All costs incident to sampling and analysis shall be borne by the owner. Such costs incurred by the Authority shall be billed annually to the owner, based on actual cost to the Authority, plus reasonable overhead.
(h) Pretreatment Reporting. Any nonresidential user subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New User or New Source, after commencement of the discharge, shall submit to the Authority during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow. At the discretion of the Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc. the Authority may alter the months during which the reports are to be submitted.
(i) Pretreatment Monitoring.
(1) Each nonresidential user may be required to construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of his wastes including domestic sewage.
(2) Control manholes or access facilities shall be located and built in a manner acceptable to the Authority. If measuring devices are to be permanently installed they shall be of a type acceptable to the Authority. Plans for the installation of the control manholes or access facilities and related equipment shall be approved by the Authority prior to the beginning of construction.
(3) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this regulation shall be determined in accordance with Standard Methods and in accordance with 40 CFR 136 entitled “Guidelines Establishing Test Procedures for Analysis of Pollutants,” and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole.
(4) 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.
(5) Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a twenty-four hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and Suspended Solids (SS) analyses are obtained from twenty-four hour composites of all outfalls, whereas pHs are determined from periodic grab samples.
(j) Accidental Discharges. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Authority and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Authority for treatment, subject to payment therefor by the industrial concern in proportion to cost and consistent with the user charge system.
(1) Each nonresidential user may be required to provide protection from accidental discharge of prohibited materials or other wastes regulated by this Regulation. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the cost of the owner. Detailed plans showing facilities and operating procedures to provide such protection shall be submitted for review by the Authority, and shall be approved by the Authority before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the nonresidential user from the responsibility to modify the facility as necessary to meet the requirements contained in this regulation.
(2) If, for any reason, a nonresidential user does not comply with or will be unable to comply with any prohibition or limitations herein, the user shall immediately notify the Authority that corrective action may need to be taken to protect the treatment plant. In addition, a written report addressed to the Authority detailing the date, time, and discharge, and corrective action taken to prevent future discharges, shall be filed by the user within 5 days of the occurrence of the noncomplying discharge. Any user who discharges a slug of prohibited materials shall be liable for any expense, loss, or damage to the Authority's treatment system, in addition to the amount of fines imposed on the authority on account thereof under State or Federal law.
(3) Signs shall be permanently posted in conspicuous places on discharger's premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure. (Ord. 92-23. Passed 10-5-92.)