No person shall discharge sewage, industrial wastes or other wastes to any sewer outlet within the jurisdiction of the city, without having first complied with the terms of Chapter 1042. All users proposing to connect to or discharge sewage, industrial wastes and other wastes to the POTW shall also comply with all terms of this chapter. All industrial users shall also comply with all provisions and procedures set forth in the City of Shelby's Industrial Pretreatment Program (IPP). Industrial users that are required by the Superintendent to obtain an Industrial Discharge Permit shall also be subject to the terms of § 1042.23.
(a) Waste survey and wastewater baseline analyses.
(1) Any new user must submit information on the nature and characteristics of its wastewater and waste products at least 90 days prior to commencement of discharge. The Superintendent will provide the Waste Survey Form (located in the IPP) for this purpose.
(3) The city will perform all required baseline sampling and analyses, with the analysis costs being deferred to the user. Baseline sampling will be conducted in accordance with the requirements 40 CFR Part 136 and Ohio Administrative Code 3745-3-06.
(4) If compliance with a BMP or a pollution prevention alternative, the industrial user shall submit documentation to the Superintendent to determine compliance with the standard.
(b) Periodic compliance monitoring.
(1) Unless the industrial discharge permit states otherwise, the city will perform all periodic sampling and analyses, with the analysis costs being deferred to the user. All significant industrial users will be sampled at least quarterly. Users subject to reporting requirements in this chapter shall retain copies of these reports for at least three years.
(2) If any sampling event indicates a violation, the Superintendent shall notify the user within 24 hours of becoming aware of the violation. The city will repeat the sampling and analysis for the pollutant in violation within thirty days of becoming aware of the violation.
(3) Any existing user shall complete an updated Waste Survey Form within 30 days if requested by the Superintendent.
(c) Pretreatment facilities.
(1) 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 § 1042.12 of this chapter within the time limitations specified by the State of Ohio or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense.
(2) Users must complete and submit all required permit applications and detailed plans describing such facilities as required by the state, to the Superintendent for review, and shall be acceptable to the Superintendent and the state 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 city under the provisions of this chapter.
(3) Users must notify the Superintendent at least 30 days in advance of any substantial change in the volume or character of pollutants in their discharge, including any listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 C.F.R. 403.12(p).
(d) Accidental discharge/slug discharge control plans. The Superintendent shall evaluate whether each Significant Industrial User (SIU) needs an accidental discharge/slug discharge control plan or other action to control slug discharges at least once during the term of each SIU permit or within one year of being identified as a SIU. The Superintendent may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW of any accidental or slug discharge;
(4) Procedures to prevent 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.
(e) Oil and grease traps. Oil and grease traps shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil; except that such interceptors shall not be required for residences. All interception units shall be of a type and capacity approved by the Superintendent, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.
(f) Hauled wastewater. Industrial waste haulers may discharge loads only at the locations designated by the Superintendent and only with the prior consent of the Superintendent; who may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(g) Right of entry for inspection and sampling.
(1) The Superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of these ordinances and/or any Industrial Discharge Permit (IDP) order issued hereunder. Users shall allow the Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(2) Where a user has security measures which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements within its security system so that, upon presentation of suitable identification, the Superintendent shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(3) The Superintendent shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's wastewater operations.
(4) The Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user, at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as necessary to ensure their accuracy.
(5) Unreasonable delays in allowing the Superintendent access to the user's premises shall be considered a violation of this chapter.
(h) Changes in discharge. All industrial users are required to notify the Superintendent at least 30 days 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 C.F.R. 403.12(p). Significant industrial users (SIU) shall also notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
(i) Significant non-compliance. An industrial user is considered in significant noncompliance if it has a violation that meets the criteria in divisions (3), (4), or (8) listed below. A significant industrial user (SIU) is considered in significant noncompliance if its violation meets any of the following criteria:
(1) Chronic violations of wastewater discharge limits listed in § 1042.13, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter at any permitted monitoring point during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter at any permitted monitoring point during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as described in §§ 1042.12 and 1042.13 that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or has resulted in the POTW's exercise of its emergency authority under § 1042.23 to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, reports on compliance with compliance schedules, or any other reports required by the control authority;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, including a violation of BMPs, that the control authority determines adversely affects the operation or implementation of the local pretreatment program.
(9) The Superintendent shall publish annually, (in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW), a list of the users which, at any time during the previous 12 months, were in significant noncompliance (as defined in § 1042.02) with applicable pretreatment standards and requirements.
(j) Confidential information.
(1) 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 that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
(2) 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 this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, the State Disposal System permit, the pretreatment programs, or all of these, provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement 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 party except as provided herein and unless a ten-day notification is given to the discharger by certified mail.
(Ord. 32-84, passed 4-15-1985; Ord. 27-2017, passed 12-4-2017)