(a) National Categorical Pretreatment Standards. National Categorical Pretreatment Standards as promulgated by the U.S. EPA pursuant to the Act shall be met by all dischargers of the regulated industrial categories.
(b) State Standards. State standards shall be met by all dischargers who are subject to such standards.
(c) Local Standards. All discharges shall comply with the average and/or instantaneous concentrations as stated and defined in the most recent revision of Technical Document No. 001 **, as measured at a point prior to discharge to the public sewer. When required by the discharger’s permit, the average concentration shall be determined by obtaining a composite sample of the wastewater collected over a continuous 24-hour period. The composite sample shall be either flow proportioned, or if approved by the Director, time proportioned. When required by the discharger’s permit, the instantaneous concentration shall be determined by obtaining a grab sample of the wastewater in accordance with established sampling procedures set forth by the Ohio Environmental Protection Agency and the United States Environmental Protection Agency.
The Utilities Director may impose mass limitations for specific substances when it is determined that the imposition of mass limitations is necessary either to protect the treatment works, sludge disposal processes, sludge disposal options and receiving streams, or to comply with the City’s NPDES permit. The mass limits may be raised, to allow for expanding operations, through a petition and application to the Director. Conversely, the Utilities Director may reduce the mass limits if it is determined that the facilities operations have decreased enough to warrant a change to the permit limits. The City reserves the right to impose average concentration limits, for industrial users, using any one of four methods, described in the EPA’s Guidance Manual on the Development and Implementation of Local Discharge Limitations Under the Pretreatment Program, December 1987, that effectively allocate maximum allowable headworks loadings.
** Technical Document No. 001 - Wastewater Discharge Limits: Copies of the City of Sidney’s average standards are available from the Director upon request.
(d) Dilution. No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter.
(e) Accidental Discharges. Each discharger shall provide protection from slug loads, accidental discharge of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited materials and slug loads shall be provided and maintained at the discharger’s cost and expense. Detailed plans; a slug load discharge control plan, showing facilities and operating procedures, (best management practices), to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. Review and approval of such plans and operating procedures by the City shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
(f) Provisions for Modifying Standards.
(1) The City reserves the right to periodically review and amend this chapter to assure compliance by the City with applicable Federal and State laws and regulations.
(2) All categorical standards promulgated by the U.S. EPA shall be included by reference as part of the limitations defined in subsection (a) hereof.
(3) An application for modification of any National Categorical Pretreatment Standard may be considered for submittal to the Regional Administrator by the City when:
A. The POTW meets the consistent removal criteria defined in 40 C.F.R. 403.7(A); and
B. Sufficient data is obtained in accordance with 40 C.F.R. 403.7(c). All information necessary to apply for a modification must be obtained by the industrial discharger(s), at no cost to the City.
(4) All State and other governmental standards shall be included by reference as part of the limitations defined in subsection (b) hereof.
(5) Any changes to this section shall include a reasonable time schedule for compliance. Such time schedule shall not exceed two years except under unusual circumstances and only after the approval of the Utilities Director.
(g) Control Mechanisms. The City may issue control mechanisms to each industrial user's contribution to the POTW to ensure compliance with applicable pretreatment standards and requirements. In the case of industrial users identified as significant under paragraph (S) of rule 3745-3-01 of the Administrative Code, this control shall be achieved through individual or general control mechanisms issued to each such user or group of users. Both individual and general control mechanisms shall be enforceable and, at a minimum, shall include all of the following:
(1) A statement of duration (in no case more than five years).
(2) If determined by the POTW to be transferable, a statement of transferability with, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator.
(3) Effluent limits that are based on applicable general pretreatment standards in rule 3745-3-04 of the Administrative Code, categorical pretreatment standards, local limits, and state and local law.
(4) Requirements for all of the following:
A. Self-monitoring, including an identification of the pollutants to be monitored or the process for seeking a waiver from monitoring a pollutant neither present nor expected to be present in the discharge in accordance with paragraph (C)(1)(d) of rule 3745-3-03 of the Administrative Code, sampling location, sampling frequency, and sample type based on the applicable general pretreatment standards in rule 3745-3-04 of the Administrative Code, categorical pretreatment standards, local limits, state, and local law.
B. Reporting.
C. Notification and recordkeeping.
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines.
(6) Requirements to control slug discharges, if determined by the POTW to be necessary.
(Ord. A-1742. Passed 1-22-90; Ord. A-2051. Passed 8-26-96; Ord. A-2142. Passed 11- -98; Ord. A-2396. Passed 8-23-04; Ord. A-2698. Passed 10-24-11; Ord. A-2743. Passed 12-10-12; Ord. A-2773. Passed 11-11-13; Ord. A-2788. Passed 6-23-14; Ord. A-3022. Passed 10-26- 20.)