§ 51.53 CONTROL MANHOLE.

   When required by the engineer, the owner of any premises served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. The manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the engineer. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.

(‘97 Code, § 51.33) (Ord. 35-84, passed 8-20-84; Am. Ord. 21-12, passed 10-16-12; Am. Ord. 10-22, passed 11-1-22) Penalty, see § 51.99

§ 51.54 MONITORING; REPORTS; TEST SITES.

   (A)   Monitoring.

      (1)   All measurements, tests and analysis of the characteristics of water and wastes referred to in this chapter shall be determined in accordance with 40 CFR 136 methodology, as stated in the general pretreatment regulations (40 CFR 403.14(g)). Where 40 CFR 136 does not include sampling or analytical techniques for the regulated pollutants, alternative procedures shall be approved by the Superintendent. All measurements, tests, and analysis of the characteristics of wastewater performed by an industrial user shall be at the user's expense.

      (2)   Where necessary, in the opinion of the engineer, a user shall provide, at his or her expense, all measurements, test and analysis of the characteristics of wastewater referred to in these regulations.

      (3)   The sampling requirements for initial compliance reports are the same as baseline monitoring report.

      (4)   Periodic compliance reports (IU self-monitoring reports) specifically require grab samples for pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds.

      (5)   Except for those pollutants that are required to be measured by grab samples, all other pollutants will be measured by flow-proportional sampling unless justification for an alternate sampling type, representative of the discharge, is documented in the industrial user file. The industrial user shall bear the cost of any and all control authority sampling that is done for flow-proportional sampling requirements and/or any other required or deemed necessary sampling.

      (6)   Multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for hexavalent chromium, cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; volatile organics and oil and grease samples may be composited in the laboratory. Protocols, including appropriate preservation, specified in 40 C.F.R. 136 and appropriate U.S. EPA guidelines shall be followed.

      (7)   The control authority may now require an industrial user to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary and the industrial user shall bear all costs of such requirements.

      (8)   If a violation is detected through sampling and analysis conducted by the control authority in lieu of the industrial user, the control authority shall perform the repeat sampling and analysis within 30 days of becoming aware of the violation, unless it notifies the user of any violation and requires the user to perform the repeat sampling and analysis.

   (B)   Discharge permit application.

      (1)   It shall be unlawful to discharge industrial wastes into the POTW without first submitting a complete discharge permit application. Existing industrial users shall submit a discharge permit application within 90 days of the effective date of this chapter. New source dischargers shall file a discharge permit application at least 90 days before connecting to or commencing discharge to the POTW. The information on the application shall include the following:

         (a)   Name and address of applicant.

         (b)   A list of any environmental control permits held by the facility.

         (c)   A description of operations, including the nature, rate of production and Standard Industrial Classification (SIC) of the operation(s). This description shall include a schematic process diagram which indicates the point(s) of discharge to the POTW.

         (d)   Measured average daily and maximum flows of regulated process streams and other non-regulated streams.

         (e)   Results of sampling and analysis of regulated pollutants from each regulated process. For pH, cyanide, total phenols, oil and grease, sulfide and volatile organics, a minimum of four grab samples must be analyzed. For all other pollutants a minimum of one 24-hour flow-proportional composite sample must be obtained. Samples shall be taken immediately downstream of pretreatment facilities if they exist or immediately downstream of regulated processes if no pretreatment facilities exist. The samples shall be representative of the daily operation.

         (f)   Raw materials utilized and their amounts.

         (g)   Type and amount of product produced. For industrial users subject to equivalent mass or concentration limits established by the Superintendent, this report shall include a reasonable measure of the user's long term production rate. For industrial users subject to production based standards, this report shall include the user's actual production during the appropriate sampling period.

         (h)   Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharge will provide additional pretreatment according to the conditions in § 51.18(H).

         (i)   This report shall include the certification statement and shall be signed by an authorized representative of the discharger as defined in division (D) of this section.

   (C)   Compliance reports.

      (1)   Any industrial user subject to categorical pretreatment standards shall submit a report indicating whether the user has achieved compliance. This report is to be submitted to the Superintendent within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source discharger following commencement of the introduction of wastewater into the POTW. This report shall include the certification statement and shall be signed by an authorized representative of the discharger as defined in division (D) of this section. The following information shall be included.

         (a)   The average daily and maximum flows of regulated process streams and other non-regulated streams.

         (b)   Results of sampling and analysis of regulated pollutants from each regulated process. For pH, cyanide, total phenols, oil and grease, sulfide and volatile organics, a minimum of four grab samples must be analyzed. For all other pollutants a minimum of one 24-hour flow-proportional composite sample must be obtained. Samples shall be taken immediately downstream of pretreatment facilities if they exist or immediately downstream of regulated processes if no pretreatment facilities exist. The samples shall be representative of the daily operation.

         (c)   For industrial users subject to equivalent mass or concentration limits established by the Superintendent, this report shall include a reasonable measure of the user's long term production rate. For industrial users subject to production based standards, this report shall include the user's actual production during the appropriate sampling period.

         (d)   A statement indicating whether pretreatment standards are being met on a consistent basis, and if not, a statement indicating whether additional pretreatment or operation and maintenance will be required to meet the pretreatment standards.

         (e)   When determined to be necessary by the Superintendent the report shall also have attached all documentation establishing compliance with a BMP.

      (2)   (a)   All industrial users shall submit periodic compliance reports indicating the nature and concentration of pollutants in their discharge. The frequency of reporting shall be prescribed in the industrial user's discharge permit.

         (b)   Results of sampling above the minimum required shall also be reported if analyses were conducted according to the methodology in divisions (A) of this section. Where the results of self-monitoring indicate a violation of pretreatment standards, the industrial user shall notify the Superintendent within 24 hours of becoming aware of the violation. The user shall also resample for the pollutant(s) in violation, and report the results of resampling within 30 days of becoming aware of the initial violation.

         (c)   These reports shall include the certification statement and be signed by an authorized representative of the discharger as defined in division (D) of this section.

   (D)   Reports to be signed by authorized representative.

      (1)   Baseline Monitoring Reports, 90-Day Compliance Reports and Periodic Compliance Reports must all be signed by an authorized representative. All reports required under this section shall include 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.

      (2)   Additionally, all reports shall be signed by:

         (a)   A president, secretary, treasurer or vice-president of the corporation;

         (b)   A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively; or,

         (c)   A duly authorized representative of this section if the authorization is previously made in writing to the Superintendent.

      (3)   In order to be eligible to sign, a manager is required to be authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and of initiating and directing other comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations. The signatory must also be responsible for ensuring that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements. The signatory must be assigned or delegated the authority to sign documents in accordance with corporate procedures and meet the rule specifications as described in OAC 3745-306-6 Signatory Requirements.

      (4)   If an authorization under division (D)(3) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of division (D)(3) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative (see 40 C.F.R. Part 403.12(l)(4)).

   (E)   For a violation of this section, see § 51.99 Penalty.

(‘97 Code, § 51.34) (Ord. 35-84, passed 8-20-84; Am. Ord. 5-90, passed 1-15-90; Am. Ord. 54-91, passed 11-18-91; Am. Ord. 4-09, passed 4-20-09; Am. Ord. 21-12, passed 10-16-12; Am. Ord. 3-19, passed 6-4-19; Am. Ord. 10-22, passed 11-1-22) Penalty, see § 51.99

§ 51.55 SPECIAL AGREEMENTS OR ARRANGEMENTS.

   No statement contained in this chapter shall prevent any special agreement or arrangement between the city and a user whereby a waste of unusual strength or character may be accepted by the city for treatment, subject to payment by the user, except that in no case may any special agreement permit a violation of any federal regulation.

(‘97 Code, § 51.35) (Am. Ord. 21-12, passed 10-16-12; Am. Ord. 10-22, passed 11-1-22)

§ 51.56 PROTECTION FROM DAMAGE; ACCIDENTAL DISCHARGE; UPSETS.

   (A)   Protection from damage. No unauthorized person shall maliciously, willfully or negligently damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater system.

   (B)   Accidental discharge. Each user, at his or her expense, shall provide protection from accidental discharge of prohibited materials. Users shall notify the superintendent immediately upon the occurrence of a slugload, or accidental discharge of prohibited materials. This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the cause of the discharge and the remedial measures in effect. Notification shall not relieve the user of liability for any expense, loss or damage to the wastewater system. The cost of treating the discharge shall be paid by the user.

   (C)   Operating upsets.

      (1)   Any industrial user who finds his or her pretreatment processes temporarily in a state of noncompliance with these regulations, due to factors beyond his or her reasonable control, shall inform the department as soon as possible, but not later than 24 hours following the start of the operating upset. Where information is given orally, the user shall file a written follow-up report with the department within five days. The report shall:

         (a)   Describe the incident, its cause and its impact on the user's compliance status;

         (b)   Give the duration of noncompliance, including exact dates and times of noncompliance. If the noncompliance continues, the time by which compliance is reasonably expected to occur;

         (c)   All steps taken or to be taken to reduce, eliminate and prevent recurrence of the conditions of noncompliance.

      (2)   All industrial users shall promptly notify the city in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which the industrial user has submitted initial notification under 40 CFR 403.12 (p).

      (3)   Bypassing or diverting of wastewater from an industry is prohibited unless the following apply:

         (a)   Bypass is unavoidable to prevent lost of life, personal injury, or severe property damage.

         (b)   There were no feasible alternatives to the bypass.

         (c)   The permittee shall submit notification of bypass as follows:

            1.   If the permittee knows in advance of the need to bypass, it shall submit prior notice, if possible, at least ten days in advance of the bypass.

            2.   The permittee shall submit notice of any unanticipated bypass within one hour of the bypass, to the POTW.

         (d)   That bypass is for essential maintenance to assure efficient operation.

      (4)   The director may approve the discharge if it is determined that no adverse effects will harm the wastewater system.

      (5)   The permittee may allow any bypass to occur which does not cause the effluent limitations to be exceeded.

(‘97 Code, § 51.36) (Ord. 35-84, passed 8-20-84; Am. Ord. 5-90, passed 1-15-90; Am. Ord. 54-91, passed 11-18-91; Am. Ord. 9-93, passed 2-15-93; Am. Ord. 21-12, passed 10-16-12; Am. Ord. 10-22, passed 11-1-22) Penalty, see § 51.99

§ 51.57 WASTEWATER DISCHARGE PERMITS.

   Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits shall contain the following:

   (A)   Limits on wastewater constituents and characteristics;

   (B)   Limits on the rate and time of discharge or requirements for flow regulations and equalization;

   (C)   Requirements for installation and maintenance of inspection and sampling facilities;

   (D)   Monitoring and reporting requirements, based on federal, state, and local regulations:

      (1)   List of pollutants (including best management practices) to be monitored;

      (2)   Sampling location(s);

      (3)   Sampling frequency;

      (4)   Sample type; and

      (5)   Deadlines, frequencies, and further instructions for submitting self-monitoring results to the city;

   (E)   Schedule of compliance;

   (F)   Notification requirements for accidental discharges, upsets and substantial changes in discharge; and

   (G)   Other conditions as deemed appropriate by the city to ensure compliance with this chapter.

   (H)   Provisions for Best Management Practices as an enforceable limit.

   (I)   Requirements to control slug discharges, if determined by the Superintendent to be necessary. If a slug load discharge control plan is determined to be required, the plan must be specifically referenced or otherwise incorporated into the IU's control mechanism permit. The review period for slug discharge control plans shall be once per permit cycle. If the POTW decides that a slug plan is needed, the plan shall, at a minimum, contain the following elements:

      (1)   Description of discharge practices, including non-routine batch discharges;

      (2)   Description of stored chemicals;

      (3)   Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under paragraph (B) or rule 3745-3-04 of the Ohio Administrative Code, with procedures for follow-up written notification within five days; and

      (4)   If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of wastewater discharge, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), or measures and equipment for emergency response.

   (J)   Each user must notify the Superintendent of any significant changes to the user's operations or system that affects the potential of a slug discharge, which might alter the nature, quality, or volume of its wastewater at least 30 calendar days before the change.

   (K)   A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.

   (L)   A statement that the wastewater discharge permit is non-transferable without prior notification to the city in accordance with division (O), and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

   (M)   A statement that the permittee shall comply with the record-keeping requirements specified in § 51.89.

   (N)   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.

   (O)   Individual wastewater discharge permit re-issuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit re-issuance by submitting a complete permit application, a minimum of 180 days prior to the expiration of the user’s existing individual wastewater discharge permit.

(‘97 Code, § 51.37) (Ord. 5-90, passed 1-15-90; Am. Ord. 54-91, passed 11-18-91; Am. Ord. 4-09, passed 4-20-09; Am. Ord. 21-12, passed 10-16-12; Am. Ord. 3-19, passed 6-4-19; Am. Ord. 10-22, passed 11-1-22)

INSPECTIONS; ORDERS

§ 51.70 AUTHORITY OF INSPECTORS.

   (A)   The Health Officer, Engineer, Superintendent and other duly authorized employees of the city bearing proper credentials and identification, shall be permitted to enter upon all premises without advance notice to conduct inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.

   (B)   POTW personnel shall have authority to inspect and copy industrial user records, as specified in the general pretreatment regulations, 40 CFR 403.8(f)(1)(v).

(‘97 Code, § 51.40) (Ord. 35-84, passed 8-20-84; Am. Ord. 54-91, passed 11-18-91; Am. Ord. 21-12, passed 10-16-12; Am. Ord. 10-22, passed 11-1-22) Penalty, see § 51.99