933.06 WASTEWATER DISCHARGERS.
   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.)