(a) Industrial users shall complete and file with the City a disclosure declaration in the form prescribed by the City. Existing industrial users shall file disclosure forms within thirty days after the effective date of this section and proposed new industrial users shall file disclosure forms at least ninety days prior to connecting to the POTW. The disclosure to be made by the user shall be on written forms provided by the City and shall cover:
(1) Disclosure of name, address, and location of user; including names and addresses of Chief Executive Officer and the owner;
(2) Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended;
(3) Disclosure of any environmental control permits held by or for the facility;
(4) Disclosure of wastewater constituents and characteristics including, but not limited to, those mentioned in this chapter;
(5) Disclosure of time and duration of discharge;
(6) 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 Engineer due to cost or nonfeasibility;
(7) 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;
(8) Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City;
(9) Disclosure of each product produced by type, amount, process or processes and rate of production;
(10) Disclosure of the type and amount of raw materials utilized (average and maximum per day);
(11) Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis; and
(12) Disclosure of additional pretreatment facilities and/or operation and maintenance activities that shall be required if consistent compliance is not being achieved. A compliance schedule shall be provided in accordance with subsection (f) hereof.
(13) Industrial users with categorical standards that require compliance with a BMP or pollution prevention alternative shall submit documentation to determine compliance with OAC 3745-3-06(E0(4)(f) when submitting baseline reports.
(b) All disclosure forms shall be signed according to subsection (k) hereof.
(c) The City shall evaluate the complete disclosure form and data furnished by the user and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the City shall notify the user of the City's acceptance thereof.
(d) Industrial users shall notify the City, no later than thirty days prior to any change or proposed change in production or processes which would effect the user's wastewater discharge or in advance of any substantial change 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).
(e) (1) Those existing industrial users which become categorical due to the promulgation of a new categorical standard shall be required to resubmit to the POTW portions of their disclosure forms as required by baseline monitoring reporting (BMR) requirements in 40 CFR 403.12(b), within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later.
(2) When additional pretreatment and/or operation and maintenance activities are placed into operation, the user shall revise the disclosure declaration required in subsection (a) hereof. Specifically, the user shall provide the data and information required in subsections (a)(3) and (10) hereof.
(f) Where additional pretreatment and/or operation and maintenance activities are required to comply with this chapter, the user shall provide within ninety days upon notification by the City, a declaration of the shortest schedule by which the user shall provide such additional pretreatment and/or implementation of additional operation and maintenance activities. In no event shall the schedule exceed two years.
(1) 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 user to comply with the requirements of this chapter including, but not limited to, dates related to hiring an engineer, hiring other appropriated 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 this chapter.
(2) Under no circumstance shall the City permit a time increment for any single step directed toward compliance which exceeds nine months.
(3) No later than fourteen days following each milestone date in the schedule and the final date for compliance, the user 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 the milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.
(g) Within 180 days following the date of final promulgation by the U.S. Environmental Protection Agency of categorical pretreatment standards, any industrial user subject to the standard shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge. The report shall state whether the requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the user, and certified to by a qualified engineer.
If additional pretreatment and/or operation and maintenance activities are necessary to comply with the categorical standards, a schedule shall be negotiated in accordance with subsection (f) hereof. The final date on which additional pretreatment and/or operation and maintenance activities are implemented shall be no later than the compliance date established in the final promulgation of such categorical standards.
(h) Final Status Reports. Any user subject to a categorical pretreatment standard shall submit to the City within ninety days after the final compliance date of such pretreatment standard, a report containing the following information and measurement procedures:
(1) The 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 CFR 403.6(e) incorporated herewith as if fully rewritten;
(2) Identify the pretreatment standards applicable to each regulated process;
(3) Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge for each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations;
(4) A minimum of four grab samples, taken within a twenty-four hour operating period, shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, twenty-four hour composite samples shall be obtained through flow-proportional composite sampling techniques where feasible. The POTW may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged;
(5) Unless an alternate sampling procedure is specified by the City Engineer, where the flow of the stream being sampled is less than or equal to 950,000 liters per day (approximately 250,000 gallons per day), the industrial user shall take three representative samples within a two-week period; where the flow of the stream being sampled is greater than 950,000 liters per day, the user shall take six representative samples within a two-week period.
(6) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR Section 403.6(e), incorporated herewith as if fully rewritten in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with Section 403.6(e), this adjusted limit along with supporting data shall be submitted to the Control Authority;
(7) The City Engineer may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
(8) The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;
(9) The industrial user shall submit a statement, reviewed by an authorized representative of the industrial user as defined in subsection (k) hereof and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
(i) Periodic Compliance Reports.
(1) An industrial user shall submit periodic compliance reports when required in their "Orders of the City Engineer", indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. Cost for the monitoring and analysis shall be borne by the user.
(2) Industries that are required to self-monitor are required to report to the POTW, a limit violation within twenty-four hours of becoming aware of that violation. Resampling and submission of those results to the POTW are to occur within thirty days following the knowledge of the violation.
(3) All industrial users subject to categorical pretreatment standards set forth in this chapter shall submit to the City within ninety days after commencement of discharge to the City, and thereafter during the months of June and December, or as specified in the industrial user's wastewater discharge orders, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standard, the average and maximum daily flow in gallons of any prohibited or regulated substances, and a statement that all applicable standards or requirements of the pretreatment standard are being met on a continuous basis. The statement shall be signed by the authorized representative of the user.
(4) Industrial users with categorical standards that require compliance with a BMP or pollution prevention alternative shall submit documentation to determine compliance with the standard when submitting periodic reports.
(5) Periodic compliance reports shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. 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 or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples shall be representative of the discharge and the decision to allow the alternative sampling shall be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 C.F.R. 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.
(6) For periodic compliance reports, the control authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(j) Any industrial user which experiences an upset in operations or any and all discharges that could cause problems to the POTW, including slug loading or discharge which places the user in a temporary state of noncompliance with this chapter shall immediately, upon discovery of the accidental discharge, inform the POTW by telephone. A documented and verified bonafide operating upset may be an affirmative defense to any enforcement action brought by the City against a user for any noncompliance with this chapter, which arises out of violations alleged to have occurred during the period of the upset. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. A written follow-up report shall be filed by the user with the POTW and the City Engineer within five days. The report shall specify:
(1) Description of the upset, the cause thereof and the upset's impact on the user's compliance status;
(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
(k) Signatory Requirements for Industrial User Reports. All reports concerning industrial wastes as specified in 40 CFR 403.12 shall include the certification statement as set forth in Section 403.6(a)(2)(ii) and shall be signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports required by subsections (e), (g), or (h) hereof is a corporation. For the purpose of this paragraph, a responsible corporate officer means:
A. A president, secretary, treasurer or 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, provided the manager:
(i) Is 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;
(ii) Can ensure that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements; and
(iii) Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports required by subsections (g), (i), or (j) hereof is a partnership or sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated in subsections (k) (1) or (2) hereof, if:
A. The authorization is made in writing by the individual described in subsections (k) (1) or (2) hereof;
B. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility, or having overall responsibility of environmental matters for the company; and
C. The written authorization is submitted to the Control Authority.
(4) If an authorization under subsection (k) (3) hereof 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 subsection (k) (3) hereof shall be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.
(l) Slug Control. The POTW may evaluate the need for a plan, device or structure to control a potential slug discharge at least once during the term of each significant industrial user's control mechanism or within one year of being identified as a significant industrial user. If the POTW decides that a slug 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 POTW of slug discharges, including any discharge that would violate a prohibition under Section 933.19 of this ordinance, with procedures for follow-up written notification within five days;
(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.
(Ord. 15-140. Passed 10-13-15.)