921.14 INDUSTRIAL WASTEWATER DISCHARGERS.
It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City, and/or the POTW without having first complied with the terms of this chapter.
(a) Wastewater Discharge Data Disclosure.
(1) General disclosure.
A. All Industrial Dischargers proposing to connect to or to discharge sewage, industrial wastes and other waste to the POTW shall comply with all terms of this chapter within ninety days after the effective date of this chapter.
B. All Industrial Dischargers shall complete and file with the Service Director, a disclosure declaration in the form prescribed by the Service Director. Dischargers shall file disclosure forms at least ninety days prior to connection to the POTW. The disclosures to be made by the Discharger shall be made on written forms provided by the Service Director and may include a survey; standard questionnaire; or a Baseline Report in a form prescribed by the City. All Industrial Dischargers subject to existing or proposed Categorical Pretreatment Standards shall complete and file with the Director a Baseline Report in accordance with subsection (a)(2).
C. The Service Director may, upon review of the data, require additional information, a standard questionnaire or, a Baseline Report.
(2) Baseline Report. Industrial Dischargers required to obtain a Wastewater Discharge Permit shall complete and file with the City a baseline report in the form prescribed by the Service Director. Existing Industrial Dischargers shall file baseline reports within ninety days after the effective date of this chapter, and proposed new Dischargers shall file baseline reports at least ninety prior to discharging to the POTW. The report to be made by the Discharger shall be made on written forms provided by the Service Director 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 Appendix A as appropriate, as determined by bonafide 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;
D. Disclosure of time and duration of discharges;
E. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. 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. 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 operational and maintenance activities;
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 an authorized representative of the Industrial User.
M. All Industrial Dischargers 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, reference Appendix B) to allow flow measuring, recording and sampling as required by the City to assure compliance with this chapter.
N. For Industrial Users subject to equivalent mass or concentration limits a reasonable measure of users long term production rate shall be included. For all other Industrial Users subject to categorical regulations in terms of allowable pollutant discharge per unit of production the report shall include the User actual production during the period sampled as 40 CFR 403.12(d).
The Service Director 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 Service Director shall notify the Discharger of the City's acceptance thereof. The Service Director may issue orders or an Industrial Discharge Permit to any Discharger to require compliance with any requirements under this chapter, including applicable categorical pretreatment standards, and other discharge limits, and reporting requirements.
(b) Industrial Discharge Permits.
(1) Permit conditions. Industrial discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:
A. Limits on average and maximum allowable levels of wastewater discharge constituents and characteristics.
B. Limits on average and maximum rate and time of discharge or requirements for flow regulation or equalization.
C. Requirements for installation and maintenance of inspection and sampling facilities and equipment.
D. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting requirements.
E. Schedules for attaining compliance.
F. Requirements for submission of technical reports or discharge reports.
G. Requirements for maintaining and retaining pretreatment facility records.
H. Notification requirements for any substantial change in the volume or character of the wastewater being discharged to the POTW.
I. Requirements for notification of bypasses, upsets, slugs or any accidental discharge as required by this chapter.
J. Other conditions as deemed appropriate by the Service Director to ensure compliance with this chapter.
(2) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. The terms and conditions of a permit may be subject to modification by the City during the term of the permit. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Any request for modification filed by the discharge does not stay the existing permit.
(3) Permit transfer. Industrial discharge permits are issued to a specific industrial discharger for a specific operation. An industrial discharge permit shall not be reassigned, transferred or sold to a new owner, industrial discharger or different premises without written consent from the Service Director.
(4) Permit Continuation. An expired permit will continue to be effective and enforceable until the permit is reissued if the discharger has submitted a completed permit application at least ninety days prior to the expiration of the discharger's current permit; 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 discharger.
(5) Permit appeals. 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 Discharge 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 permit provisions objected to, the reason for this objection, and the alternative condition, if any, it seeks to be placed in the permit.
C. The permit shall be in effect and shall not be stayed pending a reconsideration by the Service Director. If, after considering the petition, the Service Director determines that reconsideration is proper, the Service Director shall remand the permit for reissuance. Those permit provisions being reconsidered shall be stayed pending reissuance.
D. The Service Director's decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final Industrial Discharge Permit conditions must do so by filing an appeal with the court of competent jurisdiction.
(c) Reporting Requirements for Discharger.
(1) Compliance date report. Within ninety days following the date for final compliance by the Discharger with applicable Pretreatment Standards set forth in this chapter or ninety days following commencement of the introduction of wastewater into the POTW by a New Discharger as per 40 CFR 403.12(b), and Discharger subject to this chapter shall submit to the Service Director 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 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.
(2) Periodic compliance reports.
A. Any discharger subject to a Pretreatment Standard set forth in this chapter, after the compliance date of such Pretreatment Standard, or, in the case of a New Discharger, after commencement of the discharge to the City, shall submit to the Service Director reports required in each Discharger's Industrial Discharge Permit.
B. Reports of Dischargers shall contain all results of sampling and analysis of the discharge, including 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 Pretreatment Standard of this chapter and by each Discharger's Industrial Waste Discharge Permit.
C. If an Industrial User's sampling data indicates a violation, the Industrial User shall notify the Authority within twenty-four hours of becoming aware of the violations as per 40 CFR 403.12(g)(2) and amendments thereto. The Discharger shall resample and submit to the Service Director the results of the resampling within thirty days of becoming aware of the initial violation.
D. Reports required shall be based on data obtained during the period covered by the report and on an amount of sampling appropriate for that Industrial User as per 40 CFR 403.12(g)(3) and amendments thereto.
E. Results of additional monitoring at POTW designated monitoring sites beyond the minimum required shall be included in the reports required during the same period as per 40 CFR 403.12(g)(5) and amendments thereto.
(3) Wastewater volume determination. The volume of flow used for computing industrial waste surcharges shall be the metered water consumption of the user as shown in the records of water meter readings maintained by the City except as herein provided in this subsection.
A. If the user discharging industrial wastes into the public sewers procures any part, or all, of this water from sources other than the City water system, all or part of which is discharged into the public sewer, the user shall install and maintain at his expense water meters of a type approved by the Service Director the purpose of determining the volume of water obtained from those other sources.
B. The user discharging industrial wastes into the public sewer may install and maintain at his expense metering device(s) for determining the volume of waste being discharged to the public sewer, from which the industrial waste surcharge would be computed. The measuring device(s) shall be of a type acceptable to the Service Director.
C. The Service Director may require the installation of devices for measuring the volume of waste discharged if these volumes cannot otherwise be determined from the metered water consumption records.
D. Any metering devise for determining the volume of waste discharged to the public sewer shall be installed, owned and maintained by the user. Following approval and installation, such meters may not be removed without the consent of the Service Director.
(4) Sampling and monitoring. Industrial wastes discharged into the public sewers shall be subject to periodic inspection with a determination of character and concentration of such wastes. The determination shall be made as often as may be deemed necessary by the Service Director. The owner shall be responsible for the collection and testing of the aforementioned samples.
A. All monitoring and sampling facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications and as per Section 921.14(a)(2)M. Each facility shall be situated on the Industry's premises.
B. Samples shall be collected in such a manner as to be representative of the composition of the wastes (i.e. composite samples). Sampling equipment shall be provided by, operated and maintained at the Industrial Dischargers expense. Every care shall be exercised in the collection of samples to insure their preservation in a state comparable to that at the time the sample was taken.
C. Access to the premises of the industry for the purposes of inspection, sampling, and records examination shall be granted to the Service Director or his authorized representative at all times. Where the Industry has security measures in force which require proper identification and clearance before entry, the Industry shall make necessary arrangements with its security personnel so that upon presentation of suitable identification, the Service Director or his representative will be permitted to enter, without delay, for the purpose of performing his responsibility.
(5) Analyses. All analysis shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. 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 EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.
A. Determination of the character and concentration of the industrial wastes shall be made by the user responsible for the discharge, or his qualified agent. The results of the analyses shall be reported to the City on forms provided by the City. The City makes its own analyses on the wastes and these determinations shall be binding as a basis for charges, except under circumstances in subsection (c)(5)B. hereof.
B. In case the analyses performed by the industry and the City result in substantially different values, an effort shall be made by the industry to collect samples at the same time the City collects its own samples. The results of the analyses on the samples collected by the City and the industry shall be compared using the same testing procedures and the differences negotiated.
(6) Confidential Information.
A. Information and data furnished to the City 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 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.
B. 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 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 City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten day notification is given to the Discharger.
(7) Signatory requirements. All reports required under Section 921.14 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:
A. A president, secretary, treasurer, or vice president of a corporation, or;
B. A general partner or proprietor if the Industrial User is a partnership or sole proprietorship respectively, or;
C. A duly authorized representative of the above.
(8) Changes in the Wastewater. 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 is required to submit notification under 40 CFR 403.12(p). Notification shall be in writing.
(Ord. 91-110. Passed 10-1-91.)