Section
General Provisions
55.001 Purpose and policy
55.002 Administration
55.003 Abbreviations
55.004 Definitions
General Sewer Use Requirements
55.015 Prohibited discharge standards
55.016 National categorical pretreatment standards
55.017 Local limits
55.018 Board of Public Works’ right of revision
55.019 Dilution
Pretreatment of Wastewater
55.030 Pretreatment facilities
55.031 Additional pretreatment measures
55.032 Accidental discharge/slug control plans
55.033 Hauled wastewater
Wastewater Discharge Permit Application
55.045 Wastewater analysis
55.046 Wastewater discharge permit requirement
55.047 Wastewater discharge permitting: existing connections
55.048 Wastewater discharge permitting: new connections
55.049 Wastewater discharge permit application contents
55.050 Application signatories and certification
55.051 Wastewater discharge permit decisions
Wastewater Discharge Permit Issuance Process
55.065 Wastewater discharge permit duration
55.066 Wastewater discharge permit contents
55.067 Wastewater discharge permit appeals
55.068 Wastewater discharge permit modification
55.069 Wastewater discharge permit transfer
55.070 Wastewater discharge permit revocation
55.071 Wastewater discharge permit reissuance
55.072 Regulation of waste received from other jurisdictions
Reporting Requirements
55.085 Baseline monitoring reports
55.086 Compliance schedule progress reports
55.087 Reports on compliance with categorical pretreatment standard deadlines
55.088 Periodic compliance reports
55.089 Reports of changed conditions
55.090 Reports of potential problems
55.091 Reports from unpermitted users
55.092 Notice of violation/repeat sampling and reporting
55.093 Notification of the discharge of hazardous waste
55.094 Analytical requirements
55.095 Sample collection
55.096 Timing
55.097 Record keeping
Compliance Monitoring
55.110 Right of entry: inspection and sampling
55.111 Search warrants
Confidential Information
55.125 Confidential information
Administrative Enforcement Remedies
55.140 Notification of violation
55.141 Agreed orders
55.142 Show cause hearing
55.143 Compliance orders
55.144 Cease and desist orders
55.145 Administrative fees
55.146 Emergency suspensions
55.147 Termination of discharge
Judicial Enforcement Remedies
55.160 Injunctive relief
55.161 Remedies nonexclusive
Affirmative Defenses to Discharge Violations
55.175 Upset
55.176 Prohibited discharge standards
55.177 Bypass
Miscellaneous Provisions
55.190 Pretreatment charges and fees
55.191 Public noticing of SNC discharges
55.192 Effective date
55.999 Penalty
GENERAL PROVISIONS
(A) This chapter sets forth uniform requirements for users of the publicly owned treatment works for the town and enables the town to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. §§ 1251 et seq.) and the General Pretreatment Regulations (40 C.F.R. Part 403).
(B) The objectives of this chapter are:
(1) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
(2) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works, and the generation of biosolids used for beneficial agronomic reuse pursuant to 327 I.A.C. 6.1;
(3) To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(4) To promote reuse and recycling of industrial wastewater and biosolids from the publicly owned treatment works;
(5) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and
(6) To enable the town to comply with its national pollutant discharge elimination system permit (No. IN0021695) conditions, biosolids use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
(C) This chapter shall apply to all users of the publicly owned treatment works. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(Ord. 2010-2, passed 4-20-2010)
Except as otherwise provided herein, the Wastewater Superintendent shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Wastewater Superintendent may be delegated by the Wastewater Superintendent to other town personnel.
(Ord. 2010-2, passed 4-20-2010)
The following abbreviations, when used in this chapter, shall have the designated meanings:
BOD5 | Biochemical oxygen demand, five day |
C.F.R. | Code of Federal Regulations |
COD5 | Chemical oxygen demand, five day |
EPA | U.S. Environmental Protection Agency, Washington D.C. |
EPA Reg. V | U.S. Environmental Protection Agency, Region V - Chicago, Illinois |
FOG | Fats, oil, and grease |
gpd | gallons per day |
I.C. | Indiana Code |
I/I | Inflow and infiltration (Clear Water Flow) |
IDEM | Indiana Department of Environmental Management |
IWP | Industrial wastewater discharge permit |
mg/l | milligrams per liter |
NPDES | National pollutant discharge elimination system |
O&G | Oil and grease |
POTW | Publicly owned treatment works |
RCRA | Resource Conservation and Recovery Act |
SIC | Standard Industrial Classification |
SNC | Significant noncompliance |
SRU | Significant industrial user |
TSS | Total suspended solids |
U.S.C. | United States Code |
WDP | Wastewater discharge permit |
(Ord. 2010-2, passed 4-20-2010)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Regional Administration of U.S. EPA Region V.
AUTHORIZED REPRESENTATIVE OF THE USER.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in divisions (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq.; the Clean Air Act, being 42 U.S.C. §§ 7401 et seq.; the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq.; and the Marine Protection, Research, and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
BIOCHEMICAL OXYGEN DEMAND or BOD5. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20°C, usually expressed as a concentration (e.g., mg/l).
BOARD OF PUBLIC WORKS. Board of Public Works, the Town of Osgood, Indiana.
BYPASS. The intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with §§ 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471.
CLEAR WATER FLOW. Groundwater or precipitation related water which enters the sanitary sewer collection system through pipe defects (infiltration) or conduits (inflow).
COMBINED SEWER. Sewer which carries both sanitary and stormwater flow by design.
COMPOSITE SAMPLING. Method of sampling which weights sample volume with discharge flow rate.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Region V Water Management Division Director, or other duly authorized official of said agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
GRAB SAMPLE. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
IDEM. The Indiana Department of Environmental Management.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c), or (d) of the Act.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event
INTERFERENCE. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the town’s NPDES permit (No. IN0021695) or of the prevention of biosolids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: § 405 of the Act; the Solid Waste Disposal Act including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
NEW SOURCE.
(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source is located;
(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors, such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a NEW SOURCE if the construction does not create a new building, structure, facility, or installation meeting the criteria of division (1)(b) or (1)(c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE as defined under this division (3) has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment.
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this division (3).
NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the town’s NPDES permit (IN0021695), including an increase in the magnitude or duration of a violation.
PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., ammonia-nitrogen, pH, temperature, TSS, turbidity, color, BOD5, COD5, toxicity, or odor).
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS. Prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 55.015.
PUBLICLY OWNED TREATMENT WORKS or POTW. A “treatment works”, as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the town. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations, and the like).
SIGNIFICANT INDUSTRIAL/COMMERCIAL USER (SIU).
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the Board of Public Works on the basis that it has a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in division (2) above has no reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement, the Board of Public Works may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 C.F.R. § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (SNC). For compliance provisions of this chapter, is defined as follows:
(1) Violations of wastewater discharge limits.
(a) Chronic violations: 66% or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period;
(b) 1. Technical review criteria (TEC): 33% or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period.
2. There are two groups of TRCs:
a. Group I for conventional pollutants: (BOD5, COD, TSS, fats, oil, and grease) TRC = 1.4 (40%); and
b. Group II for all other pollutants: TRC = 1.2 (20%) (e.g. ammonia-nitrogen, heavy metals, surfactants, and pH).
(c) Any other violation(s) of an effluent limit (average or daily maximum) that the Wastewater Superintendent believes has caused, along or in combination with other discharges, interference (e.g., slug loads) or pass-through; or endangered the health of the sewage treatment personnel or the public; and
(d) Any discharge of a pollutant which has caused imminent endangerment to human health/welfare or to the environment and resulted in the POTWs exercise of this emergency authority to halt or prevent such a discharge.
(2) Violation of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date;
(3) Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 30 days from due date;
(4) Failure to accurately report noncompliance; and
(5) Any other violation or group of violations which the Wastewater Superintendent considers to be significant.
SLUG LOAD or SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 55.015.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STORMWATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
TOWN. The Town of Osgood under the jurisdiction of the Town Board of Public Works.
UPSET. An exceptional incident in which there is an unintentional incident and temporary noncompliance with categorical and/or permitted pretreatment standards because of factors beyond the reasonable control of industrial user. An UPSET does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation.
USER or INDUSTRIAL USER. A source of indirect discharge.
WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER DISCHARGE PERMIT. A permit issued by the town to a user of the wastewater utility which establishes specific conditions and requirements.
WASTEWATER SUPERINTENDENT. The person designated by the Town Board of Public Works who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. 2010-2, passed 4-20-2010)
GENERAL SEWER USE REQUIREMENTS
(A) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(B) Specific prohibitions.
(1) No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
(a) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 C.F.R. § 261.21;
(b) Wastewater having a pH less than 5.5 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
(c) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;
(d) Pollutants, including oxygen-demanding pollutants (BOD and the like) and ammonia- nitrogen, released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(e) Wastewater having a temperature greater than 150°F (65°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C);
(f) Petroleum oil, no biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW sewers including in a quantity that may cause acute worker health and safety problems;
(h) Trucked or hauled pollutants, except at discharge points designated by the Wastewater Superintendent in accordance with § 55.033;
(i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(j) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the town’s NPDES permit (No. IN0021695);
(k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
(l) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, demonized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Wastewater Superintendent;
(m) Sledges, screenings, or other residues from the pretreatment of industrial wastes;
(n) Medical wastes, except as specifically authorized by the Wastewater Superintendent in a wastewater discharge permit;
(o) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test; and
(p) Detergents, surface-active agents, or other substances which may cause excessive foaming and/or toxicity to the biological treatment process in the POTW.
(2) Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
(Ord. 2010-2, passed 4-20-2010)
The categorical pretreatment standards found at 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated.
(A) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Wastewater Superintendent may impose equivalent concentration or mass limits in accordance with 40 C.F.R. § 403.6(c).
(B) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Wastewater Superintendent shall impose an alternate limit using the combined wastestream formula in 40 C.F.R. § 403.6(e).
(C) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 C.F.R. § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
(D) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 C.F.R. § 403.15.
(Ord. 2010-2, passed 4-20-2010)
(A) The following pollutant limitations are established to protect against pass through interference and biosolids quality. No person shall discharge wastewater containing in excess of the following daily maximum concentrations based upon grab.
Daily Maximum Concentration Limitations |
Daily Maximum Concentration Limitations | |
Arsenic (total) | .064 mg/l |
Cadmium (total) | .04 mg/l |
Copper | 1.23 mg/l |
Cyanide (total) | .27 mg/l |
Hex. Chromium | .3 mg/l |
Lead (total) | .31 mg/l |
Molybdenum (total) | .10 mg/l |
Nickel | .70 mg/l |
Oil & grease [1] | 100 mg/l |
Selenium | .14mg/l |
Silver | 2mg/l |
Total Chromium | 1.0 mg/l |
Zinc (total) | 2.5mg/l |
[1] As an alternative to the total oil and grease limitations established by this section, the Board of Public Works may establish in an IWP a limitation of 50 mg/l for non-polar grease. The alternative limitation is subject to the following conditions: | |
1. The user submits an application for the alternative limit; | |
2. The user provides information regarding the user’s products, processes, and operations that shows to the Board of Public Works’ satisfaction that the oil and grease discharged by the user is predominantly of animal or vegetable origin; | |
3. The user shows that the oil and grease in the user’s discharges is not visible, free, or floating at 50°F at any time; | |
4. The user has sampling facilities that allow for both, visual inspection of the user’s discharge and using the equipment necessary for collection samples for floatable oil and grease; | |
5. The oil and grease in the user’s discharge is not related to past instances of obstruction, interference, or pass through; | |
6. Users subject to the alternative limit shall continue to operate and maintain grease traps and any other oil and grease separation and treatment equipment and shall continue all existing practices that reduce discharges of oil and grease; | |
7. If the Board of Public Works determines that a user subject to the alternative limit has caused, alone or in conjunction with other discharges, obstruction, interference, or pass through, then the user shall comply with the total oil and grease limitation or another appropriate limitation established by the Board in the user’s IWP; and | |
8. Any other appropriate conditions set forth in the user’s SIU. | |
(B) The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The Wastewater Superintendent may impose mass limitations in addition to, or in place of, the concentration-based limitations above.
(C) Upon the promulgation of the national categorical pretreatment standard (NCPS) for a particular user, the said standard, if more stringent then the limitations imposed under this chapter for sources in that category, shall, when effective, immediately supersede the limitations and conditions imposed under this chapter. The Wastewater Superintendent shall notify all known affected users of the applicable permitting and reporting requirements under 40 C.F.R. § 403.12.
(Ord. 2010-2, passed 4-20-2010)
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Wastewater Superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. 2010-2, passed 4-20-2010)
PRETREATMENT OF WASTEWATER
Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 55.015 within the time limitations specified by EPA, IDEM, or the Wastewater Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Wastewater Superintendent for review, and shall be acceptable to the Wastewater Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the town under the provisions of this chapter.
(Ord. 2010-2, passed 4-20-2010)
(A) Whenever deemed necessary, the Wastewater Superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this chapter.
(B) The Wastewater Superintendent may require any person discharging into the POTW to install and maintain, on his or her property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
(C) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(D) Users which operate vehicular wash facilities shall provide, operate, and maintain pretreatment facilities approved by the Wastewater Superintendent to control solids and preclude the discharge of toxics to the POTW.
(E) Users which operate food preparation facilities shall provide, operate, and maintain pretreatment facilities approved by the Wastewater Superintendent to control the discharge of greases, fats, oils, and food solids to the POTW.
(Ord. 2010-2, passed 4-20-2010)
At least once every two years, the Wastewater Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Wastewater Superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Wastewater Superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
(A) Description of discharge practices, including no routine batch discharges;
(B) Description of stored chemicals;
(C) Procedures for immediately notifying the Wastewater Superintendent of any accidental or slug discharge, as required by § 55.090; and
(D) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(Ord. 2010-2, passed 4-20-2010)
(A) Wastewater haulers shall have a valid wastewater hauler discharge permit before discharging wastes to the POTW. Each permitted wastewater hauling vehicle shall prominently display a number issued by the town on both doors of the vehicle cab. Such numbers shall be removable only by destruction.
(C) Prior to being issued a hauler discharge permit, the following conditions shall be met.
(1) Each truck shall have a sight glass calibrated in 100-gallon increments.
(2) Each vehicle shall be equipped to use the quick disconnect couplers at the wastewater hauler dumping station or at a point designated by the Wastewater Superintendent.
(3) Each vehicle shall maintain records evidencing the origin of the wastewater to be discharged and each driver shall record such information on forms provided by the town.
(D) All procedures for discharging, for cleanliness, and for general sanitary operation on town property as prescribed by the town shall be strictly adhered to by all wastewater haulers delivering wastewater to the designated town dumping station or at a point designated by the Wastewater Superintendent.
(E) Wastewater from a domestic level user shall not be mixed with wastewater from an industrial user. Vehicles hauling wastewater from an industrial user shall not be used to haul wastewater from a domestic level user for disposal at the POTW.
(F) Wastewater from an industrial user shall identify in writing the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(G) In addition to remedies available to the town elsewhere in this chapter, failure of a wastewater hauler to comply with the provisions set out herein shall be grounds for revocation of his or her hauler’s discharge permit by the Board of Public Works.
(Ord. 2010-2, passed 4-20-2010)
WASTEWATER DISCHARGE PERMIT APPLICATION
When requested by the Wastewater Superintendent, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The Wastewater Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.
(Ord. 2010-2, passed 4-20-2010)
(A) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Wastewater Superintendent, except that a significant industrial user that has filed a timely application pursuant to § 55.047 may continue to discharge for the time period specified therein.
(B) The Wastewater Superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
(C) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permitted to the sanctions set out in §§ 55.140 through 55.147, 55.160, 55.161, 55.175 through 55.177, and 55.999. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(Ord. 2010-2, passed 4-20-2010) Penalty, see § 55.999
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the Wastewater Superintendent for a wastewater discharge permit in accordance with § 55.049, and shall not cause or allow discharges to the POTW to continue after 30 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Wastewater Superintendent.
(Ord. 2010-2, passed 4-20-2010)
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 55.049, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence.
(Ord. 2010-2, passed 4-20-2010)
(A) All users required to obtain a wastewater discharge permit must submit a permit application. The Wastewater Superintendent may require all users to submit as part of an application the following information:
(1) All information required by § 55.085(B);
(2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
(3) Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4) Each product produced by type, amount, process or processes, and rate of production;
(5) Type and amount of raw materials processed (average and maximum per day);
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
(7) Time and duration of discharges; and
(8) Any other information as may be deemed necessary by the Wastewater Superintendent to evaluate the wastewater discharge permit application.
(B) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(Ord. 2010-2, passed 4-20-2010)
All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain 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. 2010-2, passed 4-20-2010)
The Wastewater Superintendent will evaluate the data furnished by the user and may require additional information. Within 15 days of receipt of a complete wastewater discharge permit application, the Wastewater Superintendent will determine whether or not to issue a wastewater discharge permit. The Wastewater Superintendent may deny any application for a wastewater discharge permit.
(Ord. 2010-2, passed 4-20-2010)
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit, unless administratively extended by the Wastewater Superintendent in writing. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Wastewater Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(Ord. 2010-2, passed 4-20-2010)
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Wastewater Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(A) Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the Board of Public Works in accordance with § 55.069, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment standards;
(4) Self monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
(B) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(8) Other conditions as deemed appropriate by the Wastewater Superintendent to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(Ord. 2010-2, passed 4-20-2010)
The Wastewater Superintendent shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Wastewater Superintendent to reconsider the terms of a wastewater discharge permit within 15 days of notice of its issuance.
(A) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(B) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(C) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(D) If the Wastewater Superintendent fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(E) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the County Court within 30 days.
(Ord. 2010-2, passed 4-20-2010)
The Wastewater Superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(A) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(B) To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
(C) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(D) Information indicating that the permitted discharge poses a threat to the town’s POTW biosolids generation, town personnel, or the receiving waters;
(E) Violation of any terms or conditions of the wastewater discharge permit;
(F) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(G) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. § 403.13;
(H) To correct typographical or other errors in the wastewater discharge permit; or
(I) To reflect a transfer of the facility ownership or operation to a new owner or operator.
(Ord. 2010-2, passed 4-20-2010)
(A) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days’ advance notice to the Wastewater Superintendent and the Wastewater Superintendent approves the wastewater discharge permit transfer. The notice to the Wastewater Superintendent must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(B) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(Ord. 2010-2, passed 4-20-2010)
(A) The Wastewater Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the Wastewater Superintendent of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Wastewater Superintendent of changed conditions pursuant to § 55.089;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Wastewater Superintendent or his or her agent timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
(B) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(Ord. 2010-2, passed 4-20-2010)
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 55.049, a minimum of 180 days prior to the expiration of the user’s existing wastewater discharge permit.
(Ord. 2010-2, passed 4-20-2010)
(A) If another municipality, or sewer district contributes wastewater to the POTW, the Wastewater Superintendent shall enter into an intermunicipal or interdistrict agreement with the contributing entity.
(B) Prior to entering into an agreement required by division (A) above, the Wastewater Superintendent shall request the following information from the contributing entity:
(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing entity;
(2) An inventory of all users located within the contributing entity that are discharging to the POTW; and
(3) Such other information as the Wastewater Superintendent may deem necessary.
(C) An agreement, as required by division (A) above, shall contain the following conditions:
(1) A requirement for the contributing entity to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 55.018. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the town’s ordinance or local limits;
(2) A requirement for the contributing entity to submit a revised user inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Wastewater Superintendent; and which of these activities will be conducted jointly by the contributing municipality and the Wastewater Superintendent;
(4) A requirement for the contributing entity to provide the Wastewater Superintendent with access to all information that the contributing entity obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing entity’s wastewater at the point where it discharges to the POTW;
(6) Requirements for monitoring the contributing entity’s discharge;
(7) A provision ensuring the Wastewater Superintendent access to the facilities of users located within the contributing entity’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Wastewater Superintendent; and
(8) A provision specifying remedies available for breach of the terms of the intermunicipal or interdistrict agreement.
(Ord. 2010-2, passed 4-20-2010)
REPORTING REQUIREMENTS
(A) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Wastewater Superintendent a report which contains the information listed in division (B) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Wastewater Superintendent a report which contains the information listed in division (B) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(B) Users described above shall submit the information set forth below.
(1) Identifying information. The name and address of the facility, including the name of the operator and owner;
(2) Environmental permits. A list of any environmental control permits held by or for the facility;
(3) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(4) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. 403.6(e);
(5) Measurement of pollutants.
(a) The categorical pretreatment standards applicable to each regulated process;
(b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Wastewater Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 55.094; and
(c) Sampling must be performed in accordance with procedures set out in § 55.095.
(6) Certification. A statement, reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether 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 to meet the pretreatment standards and requirements;
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 55.086; and
(8) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 55.050.
(Ord. 2010-2, passed 4-20-2010)
The following conditions shall apply to the compliance schedule required by § 55.085(B)(7):
(A) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, project status reports, beginning operation, and attain compliance);
(B) No increment referred to above shall exceed nine months;
(C) The user shall submit a progress report to the Wastewater Superintendent no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
(D) In no event shall more than nine months elapse between such progress reports to the Wastewater Superintendent.
(Ord. 2010-2, passed 4-20-2010)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Wastewater Superintendent a report containing the information described in § 55.085(B)(4) through (B)(6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 55.050.
(Ord. 2010-2, passed 4-20-2010)
(A) All significant industrial users shall, at a frequency determined by the Wastewater Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 55.050.
(B) All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(C) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Wastewater Superintendent, using the procedures prescribed in § 55.095, the results of this monitoring shall be included in the report.
(Ord. 2010-2, passed 4-20-2010)
Each user must notify the Wastewater Superintendent of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change.
(A) The Wastewater Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 55.049.
(C) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater, and the discharge of any previously unreported pollutants.
(Ord. 2010-2, passed 4-20-2010)
(A) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Wastewater Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(B) Within five days following such discharge, the user shall, unless waived by the Wastewater Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
(C) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (A) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(Ord. 2010-2, passed 4-20-2010)
If sampling performed by a user indicates a violation, the user must notify the Wastewater Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Wastewater Superintendent within 30 days after becoming aware of the violation. The user is not required to resample if the Wastewater Superintendent monitors at the user’s facility at least once a month, or if the Wastewater Superintendent samples between the user’s initial sampling and when the user receives the results of this sampling.
(Ord. 2010-2, passed 4-20-2010)
(A) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state (IDEM) hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division (A) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 55.089. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 55.085, 55.087, and 55.088.
(B) Dischargers are exempt from the requirements of division (A) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(C) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Wastewater Superintendent, the EPA Regional Waste Management Waste Division Director, and the Indiana Department of Environmental Management (IDEM) of the discharge of such substance within 90 days of the effective date of such regulations.
(D) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(E) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(Ord. 2010-2, passed 4-20-2010)
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
(Ord. 2010-2, passed 4-20-2010)
(A) Except as indicated in division (B) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Wastewater Superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(B) Samples for oil and grease (O & G), temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(Ord. 2010-2, passed 4-20-2010)
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. Facsimiles may be accepted on a case-by-case basis if approved by the Wastewater Superintendent.
(Ord. 2010-2, passed 4-20-2010)
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the town, or where the user has been specifically notified of a longer retention period by the Wastewater Superintendent.
(Ord. 2010-2, passed 4-20-2010)
COMPLIANCE MONITORING
The permittee shall allow the Wastewater Superintendent, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:
(A) Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this chapter;
(B) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this chapter;
(C) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this chapter;
(D) Sample or monitor, for the purposes of assuring permit compliance, any substances or parameters at any locations; and
(E) Inspect any production, manufacturing, fabricating, or storage area where pollutants, regulated under the permit, could originate, be stored, or be discharged to the sewer system.
(Ord. 2010-2, passed 4-20-2010)
If the Wastewater Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Wastewater Superintendent may seek issuance of a search warrant from the County Court.
(Ord. 2010-2, passed 4-20-2010)
CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Wastewater Superintendent’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Wastewater Superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 C.F.R. § 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 2010-2, passed 4-20-2010)
ADMINISTRATIVE ENFORCEMENT REMEDIES
When the Wastewater Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Superintendent may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Wastewater Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Wastewater Superintendent or the town to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ord. 2010-2, passed 4-20-2010)
The Wastewater Superintendent may enter into agreed orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 55.143 and 55.144 and shall be judicially enforceable.
(Ord. 2010-2, passed 4-20-2010)
The Wastewater Superintendent may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Wastewater Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 2010-2, passed 4-20-2010)
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