This chapter authorizes the creation of the "City of Shelby; Industrial Pretreatment Program (IPP)" under separate cover. The detailed descriptions, applications, permits and forms comprising this program are located within the IPP and are maintained under the control of the Superintendent. The IPP will contain these elements:
(a) Industrial user listing (as defined in § 1042.02).
(1) Industrial users.
(2) Categorical industrial users.
(3) Significant industrial users.
(b) Waste Survey and Wastewater Baseline Analyses Forms.
(c) Industrial Discharge Permit applications. No Significant Industrial User shall discharge wastewater into the POTW without first obtaining an Industrial Discharge Permit (IDP). Other users may also be required to obtain an IDP, at the discretion of the Superintendent. All industrial users will follow the application procedures as described in § 1042.14.
(1) Any existing user required to obtain an IDP, who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall within 90 days, submit a completed IDP Application and Waste Survey to the Superintendent.
(2) Obtaining an IDP does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or with any other requirements of federal, state, and local law.
(3) The Superintendent will evaluate the IDP application and data furnished by the user and may require additional information. Within 30 days of receipt of a complete permit application, the Superintendent will determine whether to issue an individual wastewater discharge permit. The Superintendent may deny any application for an IDP.
(4) Once the IDP permit has been issued, the Superintendent will perform baseline monitoring of the user within 90 days of commencing discharge to the POTW, as described in § 1042.14.
(5) A new permit application is required every five years in order to renew the IDP.
(d) Signatory requirements and certifications. All applications and user reports submitted to the city, must be signed by an authorized representative of the user (as defined in § 1042.02), and contain 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."
(e) Industrial Discharge Permit contents. IDPs issued by the city shall include such conditions that are deemed reasonably necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. Each IDP shall contain:
(1) A specific permit issuance date, expiration date and effective date. An IDP shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An IDP may be issued for a period of less than five years, at the discretion of the Superintendent.
(2) The following statement: "Compliance with this permit does not relieve the permittee of its obligation to comply with any or all applicable pretreatment regulations, standards, or requirements under local, state, and federal law, including any such regulations, standards, requirements, or laws that may become effective during the terms of this permit. There are applicable civil and criminal penalties for violation of the Pretreatment Standards and Requirements, and any applicable compliance schedule."
(3) Opportunity for appeal. If a user wishes to appeal or challenge any conditions imposed in the IDP, a written request may be filed for modification or rescission of this permit with the Superintendent within 30 days of the effective date of the IDP.
(4) A description of the location of the user's discharge outfall(s) and all applicable effluent limits, including any Best Management Practices (BMPs) required.
(5) All monitoring, sampling and record keeping requirements. These requirements shall include an identification of pollutants (or BMPs) to be monitored, the sampling location, sampling frequency, and sample type based on federal, state, and/or local law.
(6) All reporting requirements, including self-monitoring, BMP compliance, and accidental discharges. The IDP shall specify the notification and reporting procedures including addresses and telephone numbers as applicable. All records of reports requirements, including BMPs shall be retained for at least three years.
A. When compliance with a BMP or a pollution prevention alternative is required, documentation shall be included with all periodic compliance reports to determine the compliance status of the user.
(7) Any special conditions or special monitoring requirements that the Superintendent deems necessary to ensure the user's compliance with this chapter, and state and federal laws, rules, and regulations; including:
A. User requirements to control slug discharges and/or development of a Slug Discharge Control Plans as described in § 1042.14.
B. Compliance plan and schedule to meet one or more of the wastewater discharge limitations within the user's IDP.
C. User requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices.
D. Industrial Discharge Permits are issued to a specific user for a specific operation. A permit shall not be transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Superintendent.
E. Reopener clause allowing the city to modify the user's IDP at any time due to any of the following changes:
1. A change or modification to a limitation or requirement as identified in a section of this chapter.
2. Incorporation of special conditions resulting from the issuance of a special order.
3. Promulgation of new Federal Pretreatment Standards.
4. Any permit modification which results in new conditions in the permit shall include a reasonable time schedule for compliance.
(f) Additional procedures for operation of the IPP:
(1) User inspections by the city.
(2) City sampling of users.
(3) User reporting requirements.
(4) User upset or bypass notification.
(g) Local limits which are established to protect the POTW against pass through and interference and the technical justification analyses are detailed in the IPP. The current local limits are also listed in § 1042.13 of this section.
(1) Users must comply with all prohibitions and local limits listed in these ordinances.
(2) Users that are subject to any categorical pretreatment standard (40 CFR 405-471) must also meet all limits as established in the applicable regulation, unless any local limit is more stringent that the categorical limit, in which case the local limit takes precedence.
(3) When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Superintendent. The Industrial User must also meet all the conditions of 40 CFR Part 403.6(c)(5).
(4) The city may also convert mass limits of a categorical pretreatment standard to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions: When converting such limits to concentration limits, the control authority must use the concentrations listed in the applicable subparts of the standard and document that dilution is not being substituted for treatment as detailed in 40 CFR Part 403.6(d).
(h) Enforcement Response Plan. The Enforcement Response Plan (ERP), is located in the Shelby IPP. It is to be used as a guidance document for the city, and implemented as necessary by the Superintendent, in enforcing the Shelby IPP. The ERP contains procedures describing how the city will investigate and respond to instances of user noncompliance. The ERP also describes the types of escalating enforcement the city will take in response to anticipated industrial user violations, and the time periods within which the responses will take place. The ERP also includes judicial enforcement remedies that can be implemented by the city if necessary. The city retains the right to make case-by-case enforcement decisions and settlements which may or may not follow the exact wording of the ERP.
(Ord. 27-2017, passed 12-4-2017)