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CITY OF PARIS, KY Code of Ordinances
CITY OF PARIS, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE 1: GENERAL PROVISIONS
TITLE 2: GOVERNMENT: ORGANIZATION/ADMINISTRATION
TITLE 3: PUBLIC WORKS AND UTILITIES
CHAPTER 30: UTILITIES*
CHAPTER 31: GARBAGE AND TRASH
CHAPTER 32: WATER CONSERVATION
CHAPTER 33: WATER AND SEWERS
CHAPTER 34: ELECTRICITY
TITLE 4: TRAFFIC REGULATIONS
TITLE 5: PUBLIC REGULATIONS
TITLE 6: BUSINESS REGULATIONS
TITLE 7: HOUSING AND BUILDING REGULATIONS
TITLE 8: PLANNING AND ZONING
TABLES OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 33.242 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE
   Within ninety (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 Superintendent a report containing the information described in §§ 33.154(A)(6) and (7) and 33.240(B)(2). For users subject to equivalent mass or concentration limits established in accordance with the procedures in Division 2 of this chapter (see 40 CFR 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 § 33.253(A). All sampling will be done in conformance with § 33.250.
(Ord. 2015-12, passed 8-7-15)
§ 33.243 PERIODIC COMPLIANCE REPORTS
   All SIUs are required to submit periodic compliance reports even if they have been designated a non-significant categorical industrial user under the provisions of § 33.243(C).
   (A)   Except as specified in § 33.243(C), all significant industrial users must, at a frequency determined by the Superintendent, submit no less than twice per year, on dates specified, reports indicating the nature, 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. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user.
   (B)   The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. (See 40 CFR 403.12(e)(2).) This authorization is subject to the following conditions:
      (1)   The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
      (2)   The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 33.154(A)(8).
      (3)   In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one (1) sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
      (4)   The request for a monitoring waiver must be signed in accordance with § 33.004, and include the certification statement in § 33.253(A) (40 CFR 403.6(a)(2)(ii)).
      (5)   Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
      (6)   Any grant of the monitoring waiver by the Superintendent must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Superintendent for three (3) years after expiration of the waiver.
      (7)   Upon approval of the monitoring waiver and revision of the user’s permit by the Superintendent, the industrial user must certify on each report with the statement in § 33.253(C) below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
      (8)   In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements of § 33.243(A), or other more frequent monitoring requirements imposed by the Superintendent, and notify the Superintendent.
      (9)   This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
   (C)   The city may reduce the requirement for periodic compliance reports (see § 33.243(A) (40 CFR 403.12(e)(1)) to a requirement to report no less frequently than twice a year, unless required more frequently in the pretreatment standard or by the EPA/State Division of Water, where the industrial user’s total categorical wastewater flow does not exceed any of the following:
      (1)   POTW’s value for one one-hundredths percent (0.01%) of the POTW’s design dry-weather hydraulic capacity of the POTW, or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches.
      (2)   POTW’s value for one one-hundredths percent (0.01%) of the design dry-weather organic treatment capacity of the POTW; and
      (3)   POTW’s value for one one-hundredths percent (0.01%) of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 33.053. Reduced reporting is not available to industrial users that have in the last two (2) years been in significant noncompliance, as defined in § 33.290. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Superintendent, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
   (D)   All periodic compliance reports must be signed and certified in accordance with § 33.253.
   (E)   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.
   (F)   If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Superintendent, using the procedures prescribed in § 33.250, the results of this monitoring shall be included in the report. See 40 CFR 403.12(g)(6).
(Ord. 2015-12, passed 8-7-15)
§ 33.244 REPORTS OF CHANGED CONDITIONS
   Each user must notify the Superintendent of any significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.
   (A)   The 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 § 33.154.
   (B)   The Superintendent may issue an individual wastewater discharge permit or a general permit under § 33.206 or modify an existing wastewater discharge permit or a general permit under § 33.204 in response to changed conditions or anticipated changed conditions.
(Ord. 2015-12, passed 8-7-15)
§ 33.245 REPORTS OF POTENTIAL PROBLEMS
   (A)   In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the 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 thirty (30) days following such discharge, the user shall, unless waived by the 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 might 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 who to call in the event of a discharge described in subsection (A) above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
   (D)   Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
(Ord. 2015-12, passed 8-7-15)
§ 33.246 REPORTS FROM UNPERMITTED USERS
   All users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the Superintendent as the Superintendent may require.
(Ord. 2015-12, passed 8-7-15)
§ 33.247 NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING
   If sampling performed by a user indicates a violation, the user must notify the Superintendent within twenty-four (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 Superintendent within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the user’s facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user.
(Ord. 2015-12, passed 8-7-15)
§ 33.248 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE
   (A)   Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state 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 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (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 twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 33.244. 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 §§ 33.240, 33.242, and 33.243.
   (B)   Dischargers are exempt from the requirements of subsection (A) above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one- (1-) 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 section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (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. 2015-12, passed 8-7-15)
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