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No discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or otherwise to the facilities of the City:
(a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances that exhibit characteristics of explosivity. At no time shall two successive readings on a meter capable of reading L.E.L (lower explosive limit) at a point at the nearest accessible point to the POTW in a sanitary sewer, at the point of discharge into the POTW, or at any point in the POTW be more than five percent (5%) nor any single reading greater than ten percent (10%).
(b) Solids or viscous substances such as, but not limited to, straw, metal fragments, glass, rags, plastics, garbage that has not been properly shredded and other wastes which obstruct the flow in a sewer or the risk thereof or cause interference to the operation of the POTW or the risk thereto.
(c) Any wastewater having pH less than 5.0 or higher than 11.0 or having a corrosive property that causes damage or hazard to structures, equipment or personnel of the system or the risk thereto.
(d) Any wastewater containing toxic pollutants that either singly or by interaction cause damage or interference with any wastewater treatment process or the risk thereto, or constitute a hazard to humans or animals or a risk thereto, or exceed the limits established by the City in compliance with applicable State and Federal regulations.
(e) Any noxious or malodorous liquid, gas or solid that either singly or by interaction creates damage or prejudice to others or the public or hazard to life or the risk thereof or is sufficient to prevent entry into the sewers for their maintenance and repair.
(f) Any substance which shall cause the POTW's effluent or treatment residues, sludges or scums to interfere with the City's goals for reclamation and reuse or to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
(g) Any substance which will cause the POTW to violate it NPDES and/or other disposal system permits or the risk thereof.
(h) Any substance with such color not removed in the treatment process, such as but limited to dye wastes and vegetable tanning solutions, which place the City of Mansfield in violation of its NPDES permit.
(i) Heat in amounts which will inhibit biological activity in the POTW, but in no case heat in such quantities that the temperature at the POTW exceeds 40 degrees C (104 degrees F) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits.
(j) Any slugload.
(k) Any unpolluted water including but not limited to non-contract cooling water.
(l) Any wastewater containing any radioisotopes of such half-life or concentration as exceed limits established by the City of Mansfield.
(m) Sewage containing more than fifty milligrams per liter of grease and oil.
(n) Biochemical oxygen demand, chemical oxygen demand, suspended solids, or nitrogen in concentrations which cause damage or interference to the POTW or the risk thereto.
(o) Flows of magnitude of variation which cause damage or interference to the POTW or the risk thereto.
(p) Any "pass through" of the wastewater treatment plant.
(q) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable only to such degree that the wastewater treatment plant effuent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(a) National Categorical Pretreatment Standards. National categorical pretreatment standards as promulgated by the U.S. environmental Protection Agency (EPA) pursuant to the Act shall be met by all dischargers. An application for modification of the national categorical pretreatment standards may be considered for submittal to the Regional Administrator by the City, when the City of Mansfield's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7.
(b) State Requirements. 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 as those in this chapter or any other applicable ordinance.
(c) Right of Revision. The City reserves the right to amend this chapter to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives of the City of Mansfield.
(d) Dilution. No discharger shall increase the use of potable or process water in any way 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 this chapter. This shall not prohibit the use of equalization tanks utilized to regulate flows.
(e) Supplementary Limitiations. No discharger shall discharge wastewater containing concentrations of the following enumerated materials, exceeding the following values:
Material Concentration (mg/1)
arsenic ---*
cadmium 0.5
copper 3.6
cyanide ---*
total cyanide 1.2
free cyanide ---*
lead 0.2
mercury 0.2
nickel 10.4
silver ---*
total chromium 11.8
hexavalent chromium ---*
zinc 4.0
*Values may be established at a future date.
(Ord. 84-6. Passed 2-2-84.)
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. When there is a substantial danger to the public health or welfare or a substantial danger to the environment or of interference to the POTW that would result from an accidental discharge, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City to review, and shall be approved by the City before construction of the facility. Construction of the approved facilities shall be completed within six months of notice to provide protection. If facilities are not completed within six months, the City may deny permission to discharge to the sewer system. Review and approval of such plans and operating procedures by the City shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter. Dischargers shall notify the City immediately upon the occurrence of a "slugload" or accidental discharge of substances prohibited by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any discharger who discharges slugs or accidental discharge of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State and Federal law. Signs shall be permanently posted in conspicuous places on the 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. 84-6. Passed 2-2-84.)
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 this chapter.
(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 POTW shall comply with all terms of this chapter.
(2) Disclosure forms. Industrial dischargers shall complete and file with the City, a disclosure declaration in the form prescibed by the City of Mansfield. Existing industrial dischargers shall file disclosure forms within thirty days after the effective date of this chapter, and each year thereafter. Proposed new dischargers shall file their disclosure forms at least ninety days prior to connecting to the POTW. The disclosure to be made by the discharger shall be made on written forms provided by the City. The City shall 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 non-acceptance thereof.
An approved disclosure form is necessary to meet the requirements of this chapter. When the disclosure form indicates a need for additional pretreatment the City may require additional pretreatment of discharged sewage, industrial waste or other waste. Thereafter following discovery in discharge of a hitherto unknown pollutant which may exceed limits of this chapter, the discharger shall file in thirty days with the City a method of disclosing the source and quantity of the pollutant. A time schedule of activities which will produce the required information shall be submitted at the same time for review and concurrence by the City.
(3) Additional pretreatment. Where additional pretreatment and/or O and M 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. The discharger's declaration shall be known as the compliance schedule and shall be subject to the following requirements:
A. 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 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 this chapter.
B. Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds three months.
C. 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 compliance schedule furnished by the discharger and may require additional information. Within thirty days after full evaluation of the compliance schedule, the City shall notify the discharger of the City's acceptance or nonacceptance thereof.
(4) Standards modification. The City reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance by the City with applicable laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard or State Standards on discharges to the POTW, this chapter shall be amended to require compliance by dischargers with such standards within the time frame prescribed by such standards. All National categorical Pretreatment Standards and all State Discharge Standards adopted after the promulgation of this chapter shall be adopted by the City. Where a discharger subject to a National Categorical Pretreatment Standard or State Discharge Standards has not previously submitted a disclosure form as required by subsection (a)(2) hereof, 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 or State Discharge Standard. 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 Categorical Pretreatment Standard or State Discharge Standard, any additional information required by the City. The discharger shall be informed of any proposed changes in this chapter at least thirty days prior to the effective date of change. Any changes or new conditions in this chapter shall include a reasonable time schedule for compliance. The limitations set on toxic pollutants shall be evaluated by the dischargers of the toxic pollutants discharged 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 from the sewage treatment plant consistently is above or below the water quality standards or effluent limits established by the Ohio EPA.
(b) Reporting Requirements for Discharger.
(1) Compliance date report. Within thirty days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this chapter or thirty days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to this chapter shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in it 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 and 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 into the sewer system, shall submit to the City during the months of June and December, unless required more frequently by the City, a report indicating for three consecutive days 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 reported on the basis of actual measurement, provided, however, where cost or feasibillity considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. The City, 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 such reports on months other than those specified above. Should a report of any daily composite sampling show a violation of the maximum dialy limit, the discharger will be required to report fourteen consecutive calendar days of sampling performed for the pollutant in violation. This sampling must be completed within thirty calendar days of notification of the violation. If the results of the sampling show violation does occur, then the discharger will be notified that a new compliance schedule is required.
If the sampling indicates no additional violations, then no further action will be required by the discharger at that time.
Where categorical standards allow for a four-day average limit and the report of scheduled sampling show the discharge exceeded the four-day average, but within the maximum daily limit, the City will perform a second sampling for the parameter of concern. If the second sampling again indicates the discharge is in excess of the four-day average, the discharger will be notified and will be required to report seven days of sampling for that parameter to show the pollutant does not exceed allowable limits.
B. Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and nature and concentration, or production and mass where required by the City. The frequency of monitoring by the discharger shall be prescribed in the applicable National Categorical Pretreatment Standard or at intervals d
etermined to be necessary by the
City
. If pollutant concentration in the discharge is of such varying nature, or if there is a reasonable risk of a slug of a pollutant 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 repsonsible for the collection and testing of the aforementioned samples, 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.
Analyses. Laboratory procedures used in the examination of industrial wastes shall be those set forth in the edition of one of the following:
1. Standard Methods for the Examination of Water and Wastewater, 1980 edition.
2. Part 31 of the Standards of the American Society for Testing and Materials 1981 edition.
3. Methods for Chemical Alalysis of Water and Wastes Environmental Protection Agency, March 1979 edition.
4. Any other technique approved by the Administrator of the U.S. EPA.
C. Monitoring facilities. 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 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 provided that the facility is located so that 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 ninety days of receipt of written notice from the City directing the discharger to construct the facilities.
All sewers shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four inches diameter and internal diameter of no less than forty-eight inches containing flow measuring, recording and sampling equipment as required by the City to ensure compliance with this chapter. 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 this chapter. 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 or records examination. The City shall have the right to set up on the discharger's property necessary devices to conduct sampling, inspection, compliance monitoring, metering operation or all of these. The City shall have the right to copy the discharger's records relevant to determining compliance with the requirements of this chapter.
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 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. 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, the 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 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.
(Ord. 84-6. Passed 2-2-84.)
(a) Violations. No person or discharger shall violate any provision, regulation or requirement of this chapter.
(b) Notice of Violation. Whenever the City finds a discharger in violation of this chapter, it may serve written notice upon the violator stating a brief and concise description of the violation and direct compliance with this chapter within ten days.
Service of the notice shall be made personally or by certified mail upon the discharger or authorized representative of the industrial user. Service is complete on date of mailing.
(c) Citation and Hearing. When the violation has not been corrected as directed by the City, the City may issue a written citation to the discharger. The citation shall contain a brief and concise description of the particulars of the violation as well as the time and place of a hearing. The date of the hearing shall be no earlier than ten days nor later than twenty days from the date of service. Service of the citation shall be made personally or by certified mail upon the discharger or authorized representative of the industrial user. Service is complete on the date of mailing.
The Service-Safety Director or his authorized deputy, agent or representative shall be the responsible officer before which the hearing shall be conducted. He shall determine the order in which the hearing shall proceed.
At the hearing the discharger or its representative or attorney shall be permitted to present its position, arguments and contentions. Evidence may be admitted and witnesses may be examined and cross-examined to either support the discharger's position or to refute evidence and testimony offered by the City. Further, the right to proffer evidence into the record shall be recognized. All witnesses shall be placed under oath and the Director shall permit subpoenas to be issued upon written request. If neither the discharger or its authorized representative appear at the hearing, the Director shall proceed with the hearing.
Within thirty days from the date of the hearing, the Director shall render his decision in writing, supported by conclusions of fact supporting his decision, to all parties. The Director may order any appropriate relief including dismissal of the Municipal citation or termination of wastewater treatment services to the discharger. The decision of the Director shall be a final administrative order and any discharger adversely affected by such decision may appeal to the Common Pleas Court according to law.
(d) Enforcement Actions; Annual Publication. A list of all significant dischargers which were the subject of enforcement proceedings pursuant to subsections (b) and (c) hereof during the twelve previous months, shall be annually published by the City in a newspaper published in the City, summarizing the enforcement actions taken against the dischargers during the same twelve months whose violations remained uncorrected forty-five or more days after notification of noncompliance; or which have exhibited a pattern of noncompliance over that twelve-month period, or which involve failure to accurately report noncompliance.
(e) Operating Upsets. Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the City thereof within twenty-four hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the City within five days. The report shall specify:
(1) Description of the upset, the cause thereof and the upset's impact on a discharger's compliance status.
(2) 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.
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
(f) Other Remedies. Notwithstanding any other enforcement procedure listed in this chapter, whenever it is determined there is a substantial danger to the public health or welfare or a substantial danger to the environment or of interference to the POTW due to the acts or omission of any discharger, the City may, through its appropriate officials, seek a temporary restraining order, temporary or permanent injunction or abatement in the Court of Common Pleas and shall not be required under these conditions to exhaust the administrative procedures within this chapter as a condition precedent to the commencement of such action.
Notwithstanding any other enforcement procedure listed in this chapter, or in conjunction with any other enforcement procedure, the City may seek to terminate the wastewater treatment services to any discharger which fails to factually report the wastewater concentrations and characteristics of its discharge; report significant changes in the wastewater concentration or discharge; refuse reasonable access to the discharger's premises by representatives of the authority for the purpose of inspection or monitoring; or violates the conditions of this chapter, or any final administrative order entered with respect thereto.
Any discharge of any sewage, industrial waste pollutant, toxic pollutant or other waste into the POTW system in violation of any provision, regulation or requirement of this chapter is declared to be a public nuisance and may be enjoined by the City through its appropriate officials in the Court of Common Pleas.
(Ord. 84-6. Passed 2-2-84.)
APPENDIX A
Toxic Pollutants
Toxic Pollutants
Metals and Inorganics
Antimony
Arsenic
Asbestos
Beryllium
Cadmium
Chromium
Copper
Cyanide
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Zinc
Pesticides
Acrolein
Aldrin
Chlordane
DDD
DDE
DDT
Dieldrin
Endosulfan and Endosulfan Sulfate
Endrin and Endrin Aldehyde
Heptachlor
Heptachlor Expoxide
Hexachlorocyclohexane
T-Hexachlorocyclohexane (Lindane)
Isophorone
TCDD
Toxaphene
PCBs and Related Compounds
Polychlorinated Biphenyls
2-Chloronaphthalene
Halogenated Aliphatic Hydrocarbons
Chloromethane (Methyl Chloride)
Dichloromethane (Methylene Chloride)
Trichloromethane (Chloroform)
Tetrachloroinethane (Carbon Tetrachloride)
Chloroethane (Ethyl Chloride)
1,1-Dichloroethane (Ethylidine Chloride)
1,2-Dichloroethane (Ethylene Dichloride)
1,1,1-Trichloroethane (Methyl Chloroform)
1,1,2-Trichloroethane
1,1,2,2-Tetrachloroethane
Hexachloroethane
Chloroethene (Vinyl Chloride)
1,1-Dichloroethene (Vinylidine Chloride)
1,2-trans-Dichloroethene
Trichloroethene
Tetrachloroethene (Perchloroethylene)
1,2-Dichloropropane
1,3-Dichloropropene
Hexachlorobutadiene
Hexachlorocyclopentadiene
Bromomethane (Methyl Bromide)
Bromodichloromethane
Dibromochloromethane
Tribroinomethane (Broinoform)
Dichlorodifluoromethane
Trichlorofluoromethane
Halogenated Ethers
Bis(chloromethyl) ether
Bis(2-chloroethyl) ether
Bis(2-chloroisopropyl) ether
2-Chloroethyl vinyl ether
4-Chlorophenylphenyl ether
4-Bromophenyl phenyl ether
Bis(2-chloroethoxy) methane
Monocyclic Aromatics
Benzene
Chlorobenzene
1,2-Dichlorobenzene (o-Dichlorobenzene)
1,3-Dichlorobenzene (m-Dichlorobenzene)
1,4-Dichlorobenzene (p-Dichlorobenzene)
1,2,4-Trichlorobenzene
Hexachlorobenzene
Ethylbenzene
Nitrobenzene
Toluene
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Phenol
2-Chlorophenol
2,4-Dichlorophenol
2,4,6-Trichlorophenol
Pentachlorophenol
2-Nitrophenol
4-Nitrophenol
2,4-Dinitrophenol
2,4-Dimethyl phenol
p-Chloro-m-cresol
4,6-Dinitro-o-cresol
Phthalate Esters
Phthalate Esters
Dimethyl
Diethyl
Di-n-butyl
Di-n-octyl
Bis(2-ethylhexyl)
Butylbenzyl
Polycyclic Aromatic Hydrocarbons
Acenaphthene
Acenaphthylene
Fluorene
Naphthalene
Anthracene
Fluoranthene
Phenanthrene
Benzo(a)anthracene
Benzo(b)fluoranthene
Benzo(k)fluoranthene
Chrysene
Pyrene
Benzo(ghi)perylene
Benzo(a)pyrene
Dibenzo(a)anthracene
Indeno(1,2,3-cd)pyrene
Nitrosamines and Miscellaneous Compounds
Dimethyl nitrosamine
Diphenyl nitrosamine
Di-n-propyl nitrosamine
Benzidine
3,3-Dichlorobenzidine
1,2-Diphenylhydrazine (Hydrazobenzene)
Acrylonitrile