916.03 OBLIGATIONS OF DISCHARGERS - APPLICATION AND REPORTS.
   (a)   All persons proposing to connect to or discharge sewage, industrial wastes and other wastes to the POTW shall submit a utility service application to the City of Springfield before connection or discharging to the POTW. In addition, all industrial dischargers proposing to connect to or contribute to the POTW shall complete and file with the City a Baseline Monitoring Report and any other pertinent documents deemed by the City as being necessary to determine discharge characteristics and flow. If, in the opinion of the Director, an industrial discharger is required to obtain a wastewater discharge permit, known as a Local Permit, the Baseline Monitoring Report may be used as the application. Additionally, if in the opinion of the Director, an industrial discharger is required to develop a slug discharge control plan, the plan must be submitted and approved before the permit may be approved. This plan must be reviewed and updated each time the permit is renewed. The slug discharge plan must include, but is not limited to 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 slug discharges, including any discharge that would violate a prohibition under paragraph (B) of rule 3745-3-04 of the Administrative Code, 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.
   The Local Permit will be issued to a specific user for a specific operation. The Local Permit is non-transferable and shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. Any succeeding owner or user shall also apply for a new Local Permit. The City of Springfield has the right to disapprove permit applications for new dischargers or increases to existing loadings before discharges actually commence. The City has the right to revoke existing permits should it become necessary to protect the POTW or its discharge points or for violations of this ordinance. No significant industrial user shall discharge into any City sewer, whether directly or indirectly, without a Local Permit. Should changes occur to the significant industrial user's operation or any system that might alter the nature, quality, or volume of its wastewater, that user must notify the Director at least thirty (30) days in advance, and request that a new permit be issued.
   (b)   All existing and new industrial dischargers will submit a Baseline Monitoring Report, and any other report as required by the City, 40 CFR 403.12(d) and/or OAC 3745-3-06(D), within 90 days after connection to the sanitary sewer system. The report shall be in such form as prescribed by the Director and shall include such information as required. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and if not, what additional operating and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment requirements. All sampling requirements must meet the standards in Section 916.03(g).
 
   (c)   All existing and new industrial dischargers will submit a Baseline Monitoring Report within 90 days after connection to the sanitary sewer system. The report shall be in such form as prescribed by the Director and shall include such information as the Director shall require. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not what additional operating and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment requirements. All sampling requirements must meet the standards in Section 916.03(g).
   (d)   In addition to the report in Section 916.03(c), each industrial discharger regulated by the Federal Categorical pretreatment standards as promulgated by the USEPA shall submit to the City within ninety (90) days of initial discharge and on a bi-annual basis, a compliance report. This compliance report shall be in such form as prescribed by the Director and shall include such information as the Director shall require.
   All sampling shall be performed as outlined in Section 916.03(g).
   If any significant industry that is required to self-monitor analyzes any pollutant more frequently than required by its discharge permit, using approved analytical methods as specified herein, the results of such monitoring shall be included in the following compliance reports. If any self-monitoring, results show a violation of this ordinance then the discharger must notify the City within twenty-four (24) hours after becoming aware of the violation and must resample for the parameters in violation and report the results to the POTW within thirty (30) days of becoming aware of the initial violation.
   (e)    Any discharger subject to this ordinance shall, if deemed necessary by the City, submit to the Director a quarterly report indicating the nature and concentration of all substances prohibited or regulated by this ordinance or Federal Categorical
   Pretreatment Standards that are contained in its discharge and the average and maximum daily flows in gallons.
   (f)   In the event any substance, material, slug, upset, water or waste the discharge of which is prohibited by Section 916.02(d) and (f) herein is discharged into the sewer system, the person responsible for such discharge shall notify the City immediately, and in no case later than one (1) hour following such discharge, by calling the emergency number provided. The person responsible for such discharge shall report to the Director in writing within five (5) days after the discharge as to the cause, action taken, and measures taken to prevent such occurrences from happening again. All costs incurred to correct any damage resulting from such discharge shall be charged to the discharger and any person responsible for such discharge. Each such discharge shall be considered separately and costs and charges shall be levied accordingly.
   Failure of the person responsible for such discharge to report it, or to institute such corrective measures as are necessary to prevent a subsequent discharge after having been notified in writing by the City to do so and having been given a reasonable time in which to institute such measures, may result in the sewer through which such discharge enters the public sewer being disconnected from the public sewer. A sewer disconnected under this provision will not be reconnected until, in the opinion of the Director, appropriate corrective measures have been implemented.
   (g)   All analyses required by this Chapter shall be performed by the discharger, or by his agent, 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 procedure set forth in the most recent publication of the USEPA, "Sampling And Analysis Procedures For Screening Of Industrial Effluents For Priority Pollutants", and/or the USEPA manual "Methods For Chemical Analysis For Water And Wastes" and/or the American Public Health Association "Standard Methods For the Examination Of The Water And Wastewater" and amendments thereto, or with any other sampling and analytical procedure approved by the administrator of the USEPA or Ohio EPA. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined at the control structure (per the Local Permit and/or Section 916.04(c)) provided, or upon suitable samples taken at the control structure. In the event that no special structure has been required, the control structure shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by the customarily accepted methods to reflect the effect of constituents upon the property. The particular analyses involved will determine whether a twenty-four hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Samples will be collected by and analyzed by personnel assigned by the City for that duty. Additionally, when flow-measuring equipment has been required to be installed, sampling shall be completed using the flow proportional method for those parameters requiring composite sampling.
      (1)   The following analytes shall utilize the "grab" sample technique: Cyanide (Total and Free), Hexavalent Chromium, Oil and Grease (Total, Non-Polar and Polar), pH, Total Phenols and Volatile Organic Compounds. All other analytes shall utilize the "Composite" sample technique, using time or flow proportional sampling as required.
      (2)   All samples shall be representative of the discharge and taken during normal facility operations.
   (h)   All reports required under this section shall include the following certification statement: "I certify that 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 gathered and evaluated 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 that are more than forty five (45) days late shall require that the Sewer User be found in Significant Non-Compliance. All reports shall be signed by a manager that:
      (1)   Is authorized to make managerial decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and;
      (2)   Initiates and directs other comprehensive measures, to assure the long-term environmental compliance with applicable laws and regulations.
      (3)   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;
      (4)   Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
   (i)   The City, at its discretion, may issue Monitoring Waivers to Categorical Industrial Sewer Users. Monitoring Waivers will not be issued to Centralized Waste Treatment facilities as regulated and defined in 40 CFR 437. These waivers allow dischargers subject to a waiver to forego sampling and analyzing for certain pollutants, as identified by the City and regulated by categorical pretreatment standards, under the following conditions:
      (1)   Those pollutants not already exempted by other certification processes and/or requirements established by the City;
      (2)   If a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial discharger's operations, the discharger shall be required to immediately notify the City in writing and begin monitoring that pollutant at the frequency specified in the City's pretreatment program.
      (3)   In making a demonstration that a pollutant is not present, the industrial discharger must provide the following:
         A.   An analysis of four (4) consecutive samples of process wastewater, prior to any treatment process present at the facility that is representative of normal operations.
         B.   Non-Detectable sample results may only be used as a demonstration that a pollutant is not present only if procedures from Section 916.03(g) of this ordinance are followed and;
         C.   The lowest method detection limit for that pollutant was used.
      (4)   These waivers must be requested by an industrial sewer Discharger. If approved by the City, the waivers will be included in the respective Local Permits. Dischargers issued a Monitoring Waiver will still be responsible for meeting the limits of those parameters whose monitoring has been waived. Monitoring Waivers will expire with the related Local Permit. A new waiver may be granted in conjunction with a new Local Permit.
      (5)   A Monitoring Waiver may be revoked due to a change in industrial activity, upon receipt of results indicating that any waived parameter has exceeded the respective limit, or any other reasonable basis.
      (6)   Any industrial discharger granted a Monitoring Waiver must include the following language on each compliance report:
         "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 CFR [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant or pollutants] in the wastewaters due to the activities at the facility since submittal of the last periodic report under paragraph (E) of rule 3745-3-06 of the Administrative Code."
   (j)   All dischargers subject to this ordinance shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling, and chemical analysis made by or on the behalf of a discharger in connection with its discharge. All records which pertain to matters which are subject to administration adjustment or any other enforcement or litigation activities brought by the City of Springfield pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitations with respect to any and all appeals have expired.
   (k)   Information and data furnished to the City of Springfield with respect to the nature and frequency of discharge shall be available to the public or other governmental agencies without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the Law Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of proprietary information of the discharger. Information deemed to be trade secrets by the Law Director 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 ordinance, the National Pollution Discharge Elimination System (NPDES) Permit, State Disposal System Permit and/or the pretreatment programs.
   (l)   The Director reserves the right to issue General Permits for those industries that discharge similar types of wastes, have substantially similar types of operations, require the same effluent limitations and require the same or similar monitoring. These General Permits shall not be issued to significant industrial users or industrial dischargers whose limits are based on pretreatment standards expressed as mass of pollutant discharged per day.