(a) No person shall discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City and its sanitary sewer system without first obtaining a permit therefor from the City.
(b) All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the City's sanitary sewer system shall obtain a wastewater discharge permit before connecting to or discharging to the City's sanitary sewer system. All existing industrial dischargers connected to or discharging to the City's sanitary sewer system shall obtain a wastewater discharge permit within ninety days after the effective date of this section.
(c) Industrial dischargers shall complete and file with the City a permit application in the form prescribed by the City and accompanied by a fee of two hundred dollars ($200.00). Existing industrial dischargers shall apply for a wastewater discharge permit within thirty days after the effective date of this section, and proposed new dischargers shall apply at least ninety days prior to connecting to the City's sanitary sewer system. No discharge permit shall be issued unless and until the following conditions have been met:
(1) Disclosures of the name, address and location of the discharger;
(2) Disclosure of the Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) Disclosure of wastewater constituents and characteristics, including, but not limited to, those mentioned in these regulations, as determined by bona-fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U. S. EPA and contained in 40 CFR, Part 136, as amended;
(4) Disclosure of the time and duration of discharges;
(5) Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility.
(6) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
(7) A description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the sewers or treatment works of the City.
(8) Disclosure of the nature and concentration of any pollutants or materials prohibited by these regulations in the discharge, together with a statement regarding whether or not compliance is being achieved with these regulations on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with these regulations.
(9) Where additional pretreatment and/or operation and maintenance activities will be required to comply with these regulations, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
A. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of these regulations, including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with these regulations.
B. Under no circumstances shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
C. Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with such increment of progress, the reason for delay and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
(10) Disclosure of each product produced by type, amount, process or processes and rate of production;
(11) Disclosure of the type and amount of raw materials utilized (average and maximum per day);
(12) All permit applications to new or modified permits shall be signed by a principal executive officer of the discharger, and a qualified engineer, and all renewal applications for existing permits shall be signed by a principal executive officer of the discharger;
(13) All sewers shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four inches diameter and an internal diameter of no less than thirty-six inches containing flow measuring, recording and sampling equipment as required by the City to assure compliance with these regulations.
The City will evaluate the complete application and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and reacceptance of the data furnished, the City shall issue a wastewater discharge permit subject to terms and conditions provided herein.
(d) The City reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the City with applicable laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of each discharger subject to such Standards shall be revised to require compliance with such Standard within the time frame prescribed by such Standard. Where a discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit as required by subsection (c) hereof, the discharger shall apply for a wastewater discharge permit from the City and submit a baseline report as required by subsection (h) hereof within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, the discharger with an existing wastewater discharge permit shall submit to the City, within the 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by paragraphs (c)(8) and (9) and (h) hereof. The discharger shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change by publishing, in the largest daily newspaper published in the City, any proposed changes in these regulations. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. At least ninety days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information provided for in subsection (c) hereof. New sources shall also be required to include in this report information on the method of pretreatment that the source intends to use to meet applicable pretreatment standards. New sources shall give information requested in paragraphs (c)(3) through (5) hereof.
(e) Wastewater discharge permits shall specify no less than the following:
(1) Fees and charges to be paid upon initial permit issuance;
(2) Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
(3) Limits on the average and maximum rate and time of discharge and/or requirements for flow regulation and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Special conditions as the City may reasonably require under particular circumstances of a given discharge, including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by these regulations.
(f) All wastewater discharge permits shall be issued for a period of up to five years, subject to amendment or revocation as provided in these regulations. Under extraordinary circumstances, a permit may be issued for a stated period or may be stated to expire on a specific date.
(g) Wastewater discharge permits are issued to a specific discharger for a specific operation and are not assignable to another discharger without the prior written approval of the City, or transferrable to any other location.
(h) Within ninety days following the date for final compliance by the discharger with applicable pretreatment standards set forth in these regulations or following commencement of the introduction of wastewater into the City's sanitary sewers by a new discharger, any discharger subject to these regulations shall submit to the City a baseline report containing the following information:
(1) Name and address of the facility including names of the operator and owners;
(2) List of any environmental control permits held by or for the facility;
(3) Brief description of the nature, average rate of production, and SIC number of the operation carried out by such industrial users. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(4) Information showing measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
A. Regulated process streams; and
B. Other streams as necessary to allow use of the combined wastestream formula of 40 C.F.R. 403.6
The City may allow for verifiable estimates of these flows, where justified by cost or feasibility considerations.
(5) Results of sampling and analysis identifying the nature and concentration (or mass where required by the standard) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a BMP or a pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard;
(6) A statement reviewed and signed by an authorized representative of the industrial user (as defined by Section 1044.01(a)(2) of this rule), certifying whether categorical pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance or additional pretreatment or both, is required by the industrial user to meet the categorical pretreatment standards and requirement.
(7) For dischargers subject to equivalent mass or concentration limits established by the City, this report shall contain a reasonable measure of the discharger's long term production rate. For all other dischargers 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 discharger's actual production during the appropriate sampling period.
(i) All categorical and noncategorical industries shall submit periodic compliance reports (IU Self-Monitoring Reports) according to frequencies prescribed in the specific industry's wastewater discharge permit. The report shall indicate the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period provided for in subsection (h) hereof. Flows shall be reported on the basis of actual measurement, provided, however, that where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles or other extenuating factors, may authorize the submission of such reports on months other than those specified above. For dischargers subject to equivalent mass or concentration limits established by the City, the report shall contain a reasonable measure of the discharger's long term production rate. For all other dischargers subject to Categorical Pretreatment Standards, expressed only in terms of allowable pollutant discharge per unit of production, the report shall include the discharger's actual average production rate for the reporting period.
(j) Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where required by the City for the period covered by the report. The frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard of these regulations. In cases where the pretreatment standard requires compliance with a BMP or a pollution prevention alternative, the report shall contain documentation required by the City or the pretreatment standard necessary to determine the compliance status of the user.
(k) All sampling and analyses shall be performed in accordance with 40 CFR, Part 136, and amendments thereto. (Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.) Grab samples shall be used for pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four-hour composite samples shall be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling is authorized by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples shall be representative of the discharge and the decision to allow alternative sampling shall be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate USEPA guidance, multiple grab samples collected during a twenty-four-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; for volatile organics and oil and grease the samples may be composited in the laboratory.
Where 40 CFR, Part 136, does not include a sampling or analytical techniques for the pollutants in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the wastewater treatment plant or other parties, approved by the Administrator.
If a discharger subject to the reporting requirement in this section monitors any pollutant more frequently than is required by the City, the results of this monitoring shall be included in the report.
(l) Each discharger shall provide and operate, at the discharger's own expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City. The City may require the discharger to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary. Each monitoring facility shall be situated on the discharger's premises, except that where such a location would be impractical or cause undue hardship on the discharger, the City may concur with the facility being constructed in the public street or sidewalk area, provided that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.
All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of the permit by the discharger.
(m) The City may inspect the monitoring facilities of any discharger to determine compliance with the requirements of these regulations. The discharger shall allow the City or its representatives, upon presentation of credentials of identification, to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling or records examination. The City shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance, monitoring and/or metering operations.
(n) Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to these regulations, the National Pollutant Discharge Elimination System (NPDES) permit, the State Disposal System permit and/or the pretreatment programs, provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial reviews or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the discharger.
(o) New sources shall install and have in operating condition and shall start-up all pollution control equipment required to meet applicable Categorical Pretreatment Standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety days), new sources must meet all applicable Categorical Pretreatment Standards.
(p) If sampling performed by a discharger indicates a violation, the user shall notify the City within twenty-four hours of becoming aware of the violation. The discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty days after becoming aware of the violation. Where the City has performed the sampling and analysis in lieu of the industrial user, the City shall perform repeat sampling within thirty days of the violation unless it has notified and required the user to perform repeat sampling and analysis.
(q) All industrial users shall notify the City thirty (30) days in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(r) Signatory Requirements. All reports required in this section shall include the certification statement as follows:
"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."
All reports shall be signed by an authorized representative of the industrial user. If the authorization under Section 1044.01(a)(2) is no longer accurate for whatever reason a new authorization satisfying the requirements of Section 1044.01(a)(2) shall be submitted to the City prior to or together with any reports to be signed by the authorized representative.
(s) At least once during the term of each SIU's permit or within one year of being identified as a SIU, the City shall evaluate the SIU or require the SIU to self evaluate its facility for the need of a plan, device or structure to control potential slug discharge as defined in Section 1044.01(a)(45). Each SIU shall notify the City immediately of any changes at its facility affecting the potential for a slug discharge. If the City or the SIU's self-evaluation determines a Slug Discharge Control Plan is needed, the plan shall contain, at a minimum, the following elements;
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the City of any accidental or slug discharges, as required by Section 1044.06(b);
(4) Procedures to prevent adverse impact from accidental spills, including but 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 and solvents, and/or measures and equipment for emergency response.
(Ord. 2014-164. Passed 10-6-14.)