No person shall discharge sewage, industrial wastes or other wastes to any sewer outlet within the jurisdiction of the City, without having first complied with the terms of the Codified Ordinances.
New sources are required to install and have in operating condition, and shall "start up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. New sources shall meet all applicable pretreatment standards within ninety days of start up.
(a) Wastewater Discharge Data Disclosure.
(1) General disclosure. All industrial dischargers proposing to connect to or discharge sewage, industrial wastes and other wastes to the sewage disposal system shall comply with all terms of the Codified Ordinances.
(2) Disclosure forms. Industrial dischargers shall complete and file with the City a disclosure declaration in the form prescribed by the City. Existing industrial dischargers shall file disclosure forms within thirty days after the effective date of this section, and proposed new source dischargers shall file disclosure forms at least ninety days prior to connecting to the sewage disposal system. The disclosure to be made by the discharger shall be made on written forms provided by the City and shall cover:
A. Disclosure of name, address and location of the discharger.
B. Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
C. Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this chapter, including Appendices A, B and C as appropriate, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended. Where 40 CFR, Part 136 does not include sampling analytical techniques for the pollutants in question, or where the City determines that the Part 136 sampling or analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures approved by the City. If the discharger monitors a pollutant more frequently than required by the City, using the procedures described in this Codified Ordinances, the results of this monitoring shall be included in the report.
D. Disclosure of time and duration of discharges.
E. Disclosure of average daily wastewater flow rates in gallons per day. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility.
F. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
G. Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City.
H. Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with this chapter.
I. The Service Director may at any time require a schedule for achieving compliance with all terms of the Codified Ordinances. Such schedule shall be submitted in accordance with the provisions of Section 917.05(b).
J. Disclosure of each product produced by type, amount, process or processes and rate of production.
K. Disclosure of the type and amount of raw materials utilized, average and maximum per day.
L. All disclosure forms shall be signed by a principal executive officer of the discharger, or a qualified licensed professional engineer employed by the discharger.
M. All sewers shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four inches diameter and an internal diameter of no less than forty-eight inches containing flow measuring, recording and sampling equipment as required by the City to assure compliance with this chapter.
The City will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the City shall notify the discharger of the City's acceptance thereof.
(b) Additional Pretreatment. Where additional pretreatment and/or operation and maintenance activities will be required to comply with the Codified Ordinances, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational 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 the Codified Ordinances including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and all other acts to achieve compliance with the Codified Ordinances.
(2) Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
(3) Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
The City will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the City shall notify the discharger of the City's acceptance or nonacceptance thereof.
(4) Standards modification. The City reserves the right to amend the Codified Ordinances and the terms and conditions thereof in order to assure compliance by the City with applicable laws and regulations. Where a discharger, subject to a national categorical pretreatment standard, has not previously submitted a disclosure form as required by this section, the discharger shall file a disclosure form with the City within 180 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 City within 180 days after the promulgation of an applicable national geographical pretreatment standard, the additional information required by the City disclosure statement. The discharger shall be informed of any proposed changes in the ordinance at least thirty days prior to the effective date of change. Any changes or new conditions in the Codified Ordinances shall include a reasonable time schedule for compliance.
The limitations set on toxic metal discharges shall be evaluated by the dischargers of the toxic metal and the City when one of the following conditions exists:
A. One year after implementation of this chapter and every year thereafter.
B. Any time the effluent or the sludge from the sewage treatment plant is consistently above or below the water quality standards or effluent limits established by the Ohio EPA.
(c) Reporting Requirements for Discharger.
(1) Compliance date report. Within ninety days following the date for final compliance by a discharger with applicable pretreatment standards set forth in the Codified Ordinances or ninety days following commencement of the introduction of wastewater into the sewage disposal system by a new discharger, any discharger subject to the Codified Ordinances shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable Federal or State pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance 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, meeting the requirements of 40 CFR 403.12 (1). The report certification shall meet the requirements of 40 CFR 403.6 (2).
(2) Periodic compliance reports.
A. Any categorical industrial user and any noncategorical significant industrial user is required to self-monitor and report regarding all discharges in accordance with the frequency of monitoring required in the individual wastewater discharge permit. Such report shall indicate 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. Flows shall be recorded on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. In the event the sampling data indicates a violation, the discharger shall notify the City within twenty-four hours of the discharger becoming aware of the violation. The discharger shall repeat the sampling and analysis and submit the results to the City within thirty days of initially becoming aware of the violation.
B. Report of dischargers for the reporting period shall be based on data compiled in such reporting period. Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. The frequency of monitoring by the discharger shall be as prescribed in the applicable national categorical pretreatment standards or at intervals determined to be necessary by the City. If pollutant concentration in the discharge is of such varying nature, or if the likelihood of a "slug" of a pollutant is so great that a "grab" sample of the wastewater cannot be relied upon to furnish a representative analysis of the industry's discharge, then the City may require the installation of special sampling devices. These may include a continuous sampling pump coupled to a flow meter in such a way that the size of the sample is proportional to the total flow. The discharger shall be responsible for the collection and testing of the aforementioned samples. All tests shall be done by independent laboratories, with a copy of the results forwarded directly to the Mayor, City of North Olmsted, Ohio, 44070. Samples shall be collected in such a manner as to be representative of the composition of the wastes. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken. Analysis - Laboratory procedures used in the examination of industrial waste shall be those set forth in and in accordance with 40 CFR 136 entitled:
"Guidelines Establishing Test Procedures for Analysis of Pollutants", or in accordance with any other technique required by the U.S. E.P.A.
C. Monitoring facilities. Each discharger so directed by the City 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 City. 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 City may concur with the facility being constructed in the public street or sidewalk area providing the facility is located so it will not be obstructed by landscaping or parked vehicles. 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. 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 written notice from the City directing the discharger to construct the facilities. All sanitary sewers requiring monitoring shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four inches diameter and an internal diameter of no less than forty-eight inches containing such flow measuring, recording, and sampling equipment as may be required by the City to ensure compliance with the Codified Ordinances. Such structure may be utilized by the discharger for his monitoring program if approved by the City.
D. Inspection and sampling. The City may inspect the monitoring facilities of any discharger to determine compliance with the requirements of the Codified Ordinances.
The discharger shall allow the City or its representatives to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling, observation, measurement, testing, records examination or in the performance of any of their duties.
The City shall have the right to set up on the discharger's property necessary devices to conduct sampling, inspection, compliance monitoring, metering operations or all of these. The City shall have the right to copy the discharger's records relevant to determining compliance with the requirements of the Codified Ordinances. Results of sampling, inspection, monitoring and metering done by the City will be available to the discharger.
E. Confidential information. Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other government agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City 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 use related to this chapter, the national pollutant discharge elimination system (NPDES) permit, State disposal system permit, the pretreatment programs or all of these, 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 City as confidential shall not be transmitted to any party except as provided herein and unless a ten-day notification is given to the discharger.
(d) All industrial users shall promptly notify the Service Director in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(e) All reports required by this chapter of the Codified Ordinances shall be signed by an authorized representative as defined in Section 911.03(5) and all reports shall include the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(Ord. 2017-83. Passed 12-19-17.)