(a) Purpose. This section sets forth the requirements for discharge into the City’s treatment works, and enables the City to protect public health. The objectives of this section are to:
(1) Prevent the introduction of pollutants into the City’s treatment works which will damage or interfere with the normal operation of the treatment works.
(2) Prevent the introduction of pollutants into the City’s treatment works which do not receive adequate treatment and which will pass through the treatment works in receiving waters or atmosphere or otherwise be incompatible with the treatment works.
(3) Prevent the introduction of pollutants into the City’s treatment works which will interfere with sludge management options.
(4) Improve the opportunity to recycle and reclaim wastewater and sludge from the City’s treatment works.
(5) Protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public.
(6) Enable the City of St. Marys to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject.
(7) This section provides for the regulation of discharges to the City’s treatment works through the enforcement of the provisions of this section and rules, regulations, and standards and binding agreements. The Director of Public Service and Safety for the City of St. Marys, Ohio shall be responsible for the administration and enforcement provisions of this section.
(8) This section provides for the incorporation, by reference, of the National Categorical Standards that are promulgated by U.S.E.P.A.
(9) This section provides for the incorporation, by reference, of any applicable statutes, ordinances or regulations of the State and any other political subdivisions which discharge into the treatment works, to the extent that those statutes, ordinances or regulations are more stringent than the City’s.
(b) Definitions. Unless context specifically indicates otherwise, the meaning of terms used in these regulations shall be as follows:
(1) “Approval authority” means the Director of Public Service and Safety for the City of St. Marys, or an authorized representative.
(2) “Authorized or duly authorized representative of the user”.
A. If the user is a corporation:
1. The president, secretary, treasurer, or a 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
2. The manager of one or more manufacturing, production, or operating facilities, provided the manager 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 initiate and direct other comprehensive measures to assure long-terms environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned to delegate to the manager in accordance with corporate procedures.
B. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
C. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
D. The individuals described in subsections (2)A. through 2C., above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the approval authority.
(3) “Best Management Practices” (abbreviated as BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in this Section, OAC 3745-3-04, and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
(4) “Bypassing” means the intentional diversion of waste streams from any portion of a user’s facility.
(5) “Categorical Pretreatment Standard” means any regulation containing pollutant discharge limits promulgated by U.S. EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Section I, Subsection N, Parts 405-471.
(6) “Categorical Industrial User” means an Industrial User subject to a categorical pretreatment standard or categorical standard.
(7) “City” means the City of St. Marys, Ohio.
(8) “Combined sewer” means a sewer receiving both surface run-off and sewage.
(9) “Daily maximum limit” means the daily maximum allowable discharge limit of a pollutant during a calendar day expressed in units of mass per day or an arithmetic average of the concentration per day.
(10) “Discharge” means the introduction of pollutants into the POTW from any non-domestic source.
(11) “Discharge permit” means a control mechanism allowing Industrial Users to discharge regulated process wastewater into the POTW.
(12) “Domestic sewage” means the water-carried human, animal and household wastes in a public or private drain, resulting from human occupancy.
(13) “Industrial waste” means any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource.
(14) “Industrial user” means any business or industry that generates industrial waste that is sent to the City of St. Marys treatment facility via the collection system.
(15) “Instanteous Limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the event.
(16) “Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City of St. Mary’s NPDES permit or the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substance Control Act; and the Marine Protection, Research, and Sanctuaries Act.
(17) “Local Limit” means specific discharge limits developed and enforced by the City of St. Marys upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(18) “Maximum allowable headworks loadings or MAHL’s” means upper limit of pollutant loading at which a POTW will not violate any treatment plant or environmental criteria developed to prevent process inhibition or interference, or violation of effluent, sludge, or air quality standards.
(19) “Monthly average limit” means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
(20) “New Source” means:
A. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (20)A.2. or 3. above but otherwise alters, replaces, or adds to existing process or production equipment.
C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous onsite construction program:
a. Any placement, assembly, or installation of facilities or equipment; or
b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
(21) “Pass through” means a discharge which exits the POTW into waters of the State of Ohio or United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City of St. Marys NPDES permit, including an increase in the magnitude or duration of a violation.
(22) “Person” means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
(23) “Prohibited discharge” means absolute prohibitions against the discharge of certain substances.
(24) “Public sewer” means a sewer provided by or subject to the jurisdiction of the City. It shall also include sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City sanitary or combined sewer system, even though those sewers may not have been constructed with City funds.
(25) “Publicly owned treatment works” or “Treatment works” (can be abbreviated as POTW) means a treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City of St. Marys. This definitions includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
(26) “pH” means the logarithm (base 10) of the reciprocal of the hydrogen- ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in “Standard Methods.”
(27) “Sanitary sewer” means a sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface and groundwaters or unpolluted industrial wastes are not intentionally admitted.
(28) “Section” means Section 921.13 of the St. Marys, Ohio Codified Ordinances in its entirety and any attachment thereto.
(29) “Sewage” means the water carried human, animal and household wastes in a public or private drain and may include groundwater infiltration, surface drainage and industrial wastes.
(30) “Sewer” means a pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and groundwater drainage.
(31) “Shall” is mandatory; “may” is permissible.
(32) “Significant industrial user (abbreviated as SIU)” means: All industrial users subject to categorical pretreatment standards; and, any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater, excluding sanitary, non-contact cooling water, and boiler blowdown wastewater, to the POTW; contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or has a reasonable potential, in the opinion of the Director, to adversely affect the POTW’s operation or for violating any pretreatment standards or requirement.
A. The approval authority may at any time, on its own initiative or in response to a petition received from an industrial user, determine that a noncategorical industrial user is not a significant industrial user if the industrial user has no reasonable potential to adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.
(33) “Slug load” means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards of this ordinance. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non- customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
(34) “Standard methods” means the examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water, Sewage and Industrial Wastes,” published jointly by the American Public Health Association, the American Water Works Association and the Federation of Sewage and Industrial Wastes Association.
(35) “Storm sewer” means a sewer that carries storm, surface and groundwater drainage but excludes sewage and industrial wastes.
(36) “Storm water runoff” means that portion of the rainfall that is drained into the sewers. This is any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt.
(37) “Surcharge” means the assessment in addition to the service charge which is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage.
(38) “Unpolluted water or liquids” means any water or liquid containing none of the following: emulsified grease or oil; acids or alkalis; substances that may import taste-and-odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or other obnoxious gases.
(c) Discharge Authority. No person shall discharge sewage, industrial waste or other waste to the treatment works or collection system without complying with the provisions of Section 921.13 in its entirety or have written permission from the Director of Public Service and Safety for the City of St. Marys, Ohio.
(1) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City industrial waste, sludges or hazardous waste, or any objectionable waste.
(2) Areas outside of the jurisdiction of the City which discharge to the treatment works of the City shall execute agreements binding the governmental entity having jurisdiction over such areas to the provisions of this section. Such governmental entities shall enact appropriate measures making the provisions of this section legally enforceable on the dischargers and their jurisdiction. The City shall have primary authority to enforce this section outside the City in accordance with Ohio R.C. 6111.032.
Fulfillment of the requirements of the foregoing paragraph shall be a prerequisite to the City’s continuing to serve areas presently served or to serve additional areas outside the jurisdiction of the City.
(3) No person shall construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for disposal of wastewater in the City.
(4) No person shall discharge to any storm drains and watercourses within the City, and wastewater, or other prohibited or restricted materials covered by this section except where approved by the Director.
(5) No person shall access the sewer system or POTW for any activity including discharge of hauled septic or industrial wastes. Any removal of manhole lids, or other access to the sewer systems for the purpose of discharging wastes at times and/or locations other than those designated by the Director, or without the express written permission of the Director, shall be considered a violation and shall be subject to enforcement action including fines and penalties.
(d) General Prohibited Discharges. No person shall initiate a discharge of industrial wastes into the public sewers until a permit has been obtained from the Director of Public Service and Safety for the City of St. Marys, or written permission has been given.
(1) If the Director of Public Service and Safety for the City of St. Marys, Ohio determines that a discharger’s wastes may be harmful to the structures, processes or operation of the sewage disposal works, the discharger shall provide, at its own expense, such preliminary treatment or processing facilities as may be determined necessary to render the wastes acceptable for admission to the public sewers. Plans, specifications and any other pertinent information relating to proposed preliminary treatment or processing facilities shall be submitted for approval of the Director of Public Service and Safety for the City of St. Marys, Ohio and the Ohio EPA prior to the start of construction if the effluent from such facilities is to be discharged into the public sewers.
(2) No person shall discharge or cause to be discharged to any sanitary sewer, any unpolluted water such as, but not limited to, storm water, ground water, roof water runoff, subsurface drainage, footer drain discharge, or nonresidential cooling or non-contact water. Such waters from limited areas, which may be polluted at times, may be discharged to a sanitary sewer by permission of the Director of Public Service and Safety for the City of St. Marys, Ohio.
(3) In the event of violation of the aforesaid prohibition, the Director of Public Service and Safety for the City of St. Marys, Ohio shall issue a written order to the person discharging such unpolluted waters for the removal of unpolluted water connections to such sanitary sewer within ninety days or as otherwise instructed after the service of such order. A written order shall be served on such person by certified or registered mail, return receipt requested.
(4) Discharge of unpolluted waters, other than that exempted above, shall be discharged to such sewers specifically designed as combined sewers or storm sewers or to a natural outlet approved by the Director of Public Service and Safety for the City of St. Marys, Ohio. Unpolluted industrial cooling water or process water may be discharged on approval of the Director of the Ohio EPA, to a storm sewer, combined sewer, or natural outlet.
(5) No industrial discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge or as a partial or complete substitute for adequate treatment to achieve compliance with the requirements of this Section and the rules, regulations and standards promulgated by the Director.
(6) No person shall cause to be discharged either directly or indirectly, any of the following described substances or wastewater streams into the treatment works of the City.
A. Any wastewater that exceeds the pretreatment limits set forth in Section 921.13 in its entirety or the Director’s rules and regulations.
B. Any substance in concentrations which will cause the City to violate its NPDES permit or which will inhibit the treatment process.
C. Any substance that will solidify or become discernibly viscous such as grease, oil, nonbiodegradable cutting oil or any other viscous substance in quantities capable of obstructing the sewer flow or interfering with the proper operation of any portion of the treatment works or passing through the treatment works.
D. Any wastewater having a pH of less than 5.0 or greater than 12.0 or having corrosive properties capable of causing damage or hazard to structures, equipment or personnel of the City.
E. Any wastewater containing toxic pollutants in sufficient quantity, which alone or by intersection, injure or interfere with any wastewater treatment process or constitutes a hazard to human or animals.
F. Any substance that will cause the City to be in noncompliance with sludge disposal criteria, guidelines or regulations.
G. Any substance that has objectionable color such as dyes or tanning solutions.
H. Any wastewater that has a temperature that will interfere with the treatment process or exceeding 60 degrees Centigrade (140 degrees Fahrenheit) at its introduction to the public sewer.
I. Any slug or slug load of any substance, including biochemical oxygen demanding pollutants, released in a single extraordinary discharge episode of such volume or strength as to cause interference to the treatment works.
J. Any substance which alone or in combination with other substances, creates a harmful atmosphere or which is injurious, in any way, to the operation of the treatment works.
K. Any substance which alone or by interaction with other substances, creates an atmosphere within the City’s treatment works which exceeds ten percent (10%) of the lower explosive limit (LEL) as designated by the National Fire Protection Association or which are injurious in any other way to the operation of the treatment works.
L. Any noxious or malodorous substance, which either alone or by intersection creates a public nuisance or hazard to human life or prevents entry into the sewers for their maintenance and repair.
M. Any substance which will cause the treatment works effluent, or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse or which interferes with the reclamation process.
N. Any substance which alone or by interaction with other substances, emits chemical contaminants into the atmosphere or any confined areas of the treatment works in concentrations exceeding the threshold limit value (TLV) established for airborne contaminants, by the American Conference of Governmental Industrial Hygienists (ACGIH) or the Occupational Safety and Health Administration (OSHA).
O. Any pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test method specified in 40 CFR 261.21.
P. Any diversion of waste streams around their normal process before discharge or any bypasses as defined in paragraph (b)(4) of this section.
(e) St. Marys Standards. All discharges will comply, at all times, with the local pretreatment limits as promulgated by the Rules and Regulations as set forth by the Director of Public Service and Safety for the City of St. Marys, Ohio and provisions contained within this Section 921.13 in its entirety. These rules will be based on the applicable state and federal regulations while considering the need for local categorical limits or company specific standards, national categorical standards for specific industries, the general prohibition in subsection (d)(6)A. through O., the wastewater treatment plant operations and the maximum allowable headworks loading calculations, the relative source contribution from the collection system and the WWTP Industrial Pretreatment Schedule of the most current NPDES Permit as issued by the City of St. Marys by the Environmental Protection Agency and the “Description of the Development of Industrial Discharge Limitations for Prohibited Pollutants and for incompatible pollutants contributed by industrial users” contained in the City’s Rules and Regulations.
(1) At a minimum, all industrial dischargers shall comply with the applicable national categorical standards promulgated by the USEPA.
(2) All dischargers shall comply with applicable State requirements and other requirements legally adopted by other political subdivisions which discharge into the City’s treatment works.
(3) Any changes to the local pretreatment limits by the City of St. Marys, Ohio will require all discharges to, within ninety (90) days comply with the new requirement or as instructed by to the Director of Public Service and Safety.
The User may request a time extension by setting forth the reason for noncompliance and requesting to negotiate a compliance schedule. The Director can exercise his options as set forth in subsection (m) of this section.
(4) The City reserves the right to amend this section and the Rules and Regulations of the Director in order to assure compliance by the City with applicable Federal and State laws, regulations and the City’s NPDES Permit.
(5) All categorical standards promulgated by the USEPA shall be included by reference as a part of the limitations defined in this section.
(6) All State and other requirements legally adopted by political subdivisions which discharge to the City’s treatment works shall be included, by reference, as part of the limitations defined in this section.
(7) An application for modification of a categorical standard may be considered for submission to the Regional Administrator of the USEPA when all requirements of 40 CFR part 403.7 are met. Any data and information necessary for the application must also be submitted to the City by the industrial discharger.
(8) Any changes to the St. Marys standards contained in 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 approval by the Director of Public Service and Safety for the City of St. Marys, Ohio. Compliance with categorical standards shall be the compliance date identified in the applicable regulation.
(f) St. Marys Program. All industrial users shall comply with the applicable provisions of the the WWTP Industrial Pretreatment Schedule as submitted in compliance with the most current NPDES Permit as issued to the City of St. Marys by the Environmental Protection Agency and the “Minimum Pretreatment Program Requirements” contained in the City’s Rules and Regulations. This schedule lists the following requirements:
(1) Types of monitoring
(2) Monitoring frequency
(3) Field monitoring procedures
(4) Laboratory procedures
(5) Safety program
(6) Compliance procedures
(7) Information management system
(g) Categorical Standards.
(1) Within ninety (90) days following the effective date of a categorical standard, any affected industrial discharger shall submit to the Director a Baseline Monitoring Report. If the discharger has previously submitted a report, then the report shall be amended to include any additional information required.
(2) Within ninety (90) days following the compliance date in the categorical standard, all affected industrial dischargers shall submit to the Approval Authority a compliance statement indicating whether the pretreatment standards and requirements are being met on a consistent basis. If an industrial discharger does not comply with applicable categorical standards and requirements, a compliance schedule shall be negotiated.
(3) Any industrial discharger subject to a categorical standard shall submit to the Approval Authority, quarterly compliance reports during the months of March, June, September and December. The reports shall contain the results of the sampling analysis of the discharge which are required by the categorical standard and any other information necessary to determine compliance with categorical standards.
(h) Discharge Changes and Notification. Any discharger who proposes to modify their process or wastewater characteristics or introduce a new discharge shall provide notice at least ninety (90) days before discharge to the Director of Public Service and Safety for the City of St. Marys, Ohio and provide all of the information contained in subsection (k) of this section.
(i) Unusual Discharge. No person shall cause or permit an unusual discharge to the public sewers without first obtaining the approval of the Director of Public Service and Safety for the City of St. Marys, Ohio. An unusual discharge criteria is:
(1) A discharge through a non-permanent or non-approved entry point in the sewer system;
(2) Is not the result of a normal business operation; or
(3) Is a one time special discharge.
No provision of this section shall prevent an agreement between the City and the discharger whereby wastewater with unusual strength or character may be discharged to the treatment works subject to additional charges and fees set forth in the Director’s Rules and Regulations. No agreement entered into between the City and a discharger will violate the general and specific discharge limitations set forth in this section or any other Federal or State regulations or standards including the National Categorical Pretreatment Standards.
Unusual waste includes but is not limited to unregulated process waste, leachate, condensate or any other discharge related to a land fill or landfill type operation. Each unusual discharger will submit analytical data and the maximum proposed volumes to be discharged and the Approval Authority will provide guidance on an individual basis.
(j) Pretreatment Facilities. Dischargers shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all Categorical Pretreatment Standards and Local Limits within the time limitations specified by US EPA, the Ohio EPA, or the Approval Authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the discharger’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Approval Authority and the Ohio EPA for review, and shall be acceptable to the Approval Authority and approved by the Director of the Ohio EPA before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the discharger from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City of St. Marys under the provisions of this ordinance.
(1) Whenever deemed necessary, the City of St. Marys may require dischargers to restrict their discharge during peak flow periods or wet weather events, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the discharger’s compliance with the requirements of this ordinance.
(2) The Approval Authority may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow.
(3) Users with potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(4) Dischargers shall provide grease, oil and sand separators when they are necessary for the proper handling of liquid wastes containing excessive amounts of grease or any flammable waste, sand or other harmful substances; except that such separators shall not be required for premises used exclusively for residential purposes. Separators shall be located for accessible inspection and cleaning. Grease, oil and sand separator facilities shall be maintained continuously in safe, satisfactory and effective operational condition by the owner at his expense.
(5) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this section, the industrial discharger shall submit a reasonable schedule by which the additional pretreatment and/or implementation of additional operation and maintenance activities will be provided. The schedule shall be subject to the approval of the Director but shall not exceed two years for St. Marys standards except for unusual circumstances. Any compliance schedule related to a categorical standard shall not exceed the time limit provided in the regulation. The dischargers shall provide the following information:
A. Milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this section, such as completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and other acts necessary to achieve compliance with this section except that:
B. The Director shall not permit a time increment for any single milestone date to exceed nine months; and
C. The discharger shall submit no later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, a progress report to the Director, including a statement that they complied with the increment of progress represented by the milestone date and, if not, the date on which they expect to comply with the particular increment of progress, the reason for the failure to timely complete the increment progress, and the steps taken to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports.
D. When the Director accepts the discharger’s compliance schedule for additional pretreatment or operation and maintenance, a violation of the compliance schedule is a violation of this ordinance.
(k) Slug Discharge Control. No person shall cause the discharge of slugs of water or wastes into the public sewers. Each person producing a slug discharge into the public sewer shall construct and maintain, at the person’s expense, a suitable storage and flow-control facility to insure equalization discharge over a twenty-four (24) hour period.
This facility shall have a capacity of at least twenty percent (20%) of the total normal volume of a twenty-four hour production period, and the outlet to the sewer shall be equipped with a rate discharge controller, or other approved device, the regulation of which shall be directed by the Approving Authority.
The Approval Authority shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The approval authority may require any discharger to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the approval authority may develop such a plan for any discharger. 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 Director of any accidental or slug discharge; and
(4) Procedures to prevent adverse impact from 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.
(i) Spill Control. Every discharger shall provide safeguards against accidental release to the treatment works of prohibited or non-conforming substances that would violate the Industrial Pretreatment Program limits as contained in this section.
(1) Each discharger shall provide safeguards against the accidental release to the treatment works of prohibited, or limited substances as set forth in this section and the rules and regulations of the Director. Additionally, safeguards shall be provided for the hazardous substances identified in Section 311 of the Clean Water Act. At a minimum each discharger who stores 1,000 gallons or more of liquid substances identified by Section 311 of the Clean Water Act shall have on file a spill control plan prepared by a registered professional engineer. This discharger shall file a letter with the Director indicating that such a plan is in effect. Any facilities or procedures to prevent accidental releases shall be provided and maintained at the discharger’s expense.
(2) Each discharger shall take reasonable and necessary steps to reduce or eliminate any adverse effect of an accidental discharge on the City’s treatment works.
(3) In the case of an accidental release, it shall be the discharger’s responsibility to report all accidents to the approval authority.
(m) Baseline Monitoring. All industrial users discharging or proposing to connect to the treatment works, shall complete and file with the Director of Public Service and Safety for the City of St. Marys, Ohio a written, baseline monitoring report. These new industrial dischargers shall file a report at least ninety days before connecting to the treatment works which shall consist of:
(1) Name, address and location of the industrial discharger;
(2) Each product produced by type, amount, process or processes and rate of production;
(3) Type and amount, average and maximum per day, of raw materials utilized;
(4) Site plan, floor plan, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers by size, location and elevation;
(5) Description of activities, facilities and plant processes including all material which are or will be discharged to the treatment works;
(6) Time and duration of discharges;
(7) Measurements or verifiable estimates of average daily and instantaneous wastewater flow rates (gals/day) including any daily, monthly or seasonal variations;
(8) Nature, exact description and concentration of any pollutant or substance in the discharge;
(9) Statements whether compliance with the St. Marys Industrial Pretreatment Program is being achieved on a consistent basis;
(10) Any information regarding the discharge that may effect the St. Marys WWTP;
(11) The Director of Public Service and Safety for the City of St. Marys, Ohio, at his discretion, may request additional information;
(12) Signature of:
A. For a corporation, a principal executive officer or a duly authorized representative responsible for the overall operation of the facility discharging to the treatment works.
B. For a partnership or proprietorship, a general partner or the proprietor.
C. When required by the Director a qualified engineer.
(13) The Director shall evaluate the complete report and data furnished by the industrial discharger and may require additional information. After full evaluation and acceptance of the data furnished, the Director shall notify the discharger of his acceptance.
(14) Demonstration of compliance with Best Management Practices, when required by the Approval Authority.
(n) Reporting Accidental Release and/or Permit Limit Violations. Upon an accidental release or operating upset resulting in a prohibited discharge and/or a discharge in excess of limitation into the treatment works and/or any watercourse or storm sewer within the City’s boundary, dischargers shall immediately notify the Approval Authority by telephone of the incident. The notification shall include the date, time, and location of the discharge, type of waste, concentration, and volume and the corrective actions taken. If sampling performed by a User indicates a violation, the User must notify the Director of Public Service and Safety for the City of St. Marys within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the result to the Director of Public Service and Safety for the City of St. Marys within thirty (30) days after becoming aware of the violation. Re-sampling by the Industrial User is not required if the City performs sampling at the User’s facility at least once per month or if the City performs sampling at the User’s facility between the time when the initial sampling was conducted and the time when the results of the sampling are received, or if the City has performed the sampling and analysis in lieu of the User.
(1) Within five (5) working days following any such accidental discharge, operating upset, or permit limit violation, the discharger shall submit to the Approval Authority a detailed written report describing the following:
A. Description of the discharge and its cause;
B. Type of waste, concentration and volume;
C. Duration of the discharge, including exact date and time, and if the discharge continues, the time when it will cease;
D. All steps taken or to be taken to reduce, eliminate or prevent recurrence of the incident and to reduce or eliminate any adverse effect of the discharge on the City’s treatment works.
(2) Dischargers shall permanently post emergency notification procedures on a bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge or operating upset.
(3) A documented and verified operating upset may be an affirmative defense to an enforcement action brought by the Approval Authority against an industrial discharger for any noncompliance which arises out of violation alleged to have occurred during the period of upset; however, it does not absolve the discharger from responsibility and liability for any damage or injury to persons or property including the City’s treatment works. It likewise does not absolve the discharger from liability for indemnification of the City for any penalties for violation of the City’s NPDES Permit or for cleanup costs caused by the upset.
(o) Self-Monitoring and Sampling. All self-monitoring will include information of the quality and quantity of the discharge by the industry to the treatment works. Quarterly reports are required on March 15th, June 15th, September 15th and December 15th of every year. This monitoring report will include items 1, 5, 6, 8, 9 and 10 from the baseline monitoring, subsection (k). Quantity measurements as listed in item 7 are required for this report and should be made via a twenty-four (24) hour composite sample that is flow- proportioned or time proportioned. The report should designate a daily flow and signify which type of measurement was taken. The discharger should also include in the report the average daily flow and maximum instantaneous discharge flow rate for the quarter. The Director of Public Service and Safety for the City of St. Marys, Ohio reserve the right to modify the sampling schedule at his discretion.
(1) Each person discharging industrial wastes into a public sewer shall construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of the person’s wastes, including domestic sewage. Control manholes or access facilities shall be located and built in a manner acceptable to the Approving Authority. If measuring devices are to be permanently installed, they shall be of a type acceptable to the Approving Authority. Control manholes, access facilities and related equipment shall be installed by the person discharging the waste, at the person’s expense, and shall be maintained so as to be in safe condition, accessible and in proper operating condition at all times. Plans for the installation of the control manholes, or access facilities, and related equipment, shall be approved by the Approving Authority prior to the beginning of construction.
(2) The volume of flow used for computing industrial waste surcharges shall be the metered water consumption of the person, as shown in the records of meter readings maintained by the City of St. Marys. If the person discharging industrial wastes into the public sewers procures any part, or all of the water from sources other than the City of St. Marys, all or part of which is discharged into the public sewers, the person shall install and maintain, at the person’s expense, water meters of a type approved by the Approving Authority for the purpose of determining the volume of water obtained from these other sources.
(3) Devices for measuring the volume of waste discharged may be required by the Approving Authority if these volumes cannot otherwise be determined from the metered water consumption records. Metering devices for determining the volume of waste shall be installed, owned and maintained by the person. Following approval and installation, such meters may not be removed without the consent of the Approving Authority.
(4) Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration of such wastes. The determinations shall be made as often as may be deemed necessary by the Director of Public Service and Safety for the City of St. Marys, Ohio. Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Director of Public Service and Safety for the City of St. Marys, Ohio. Installation, operation and maintenance of the sampling facilities shall be the responsibility of the person discharging the waste and shall be subject to the approval of the Director of Public Service and Safety for the City of St. Marys, Ohio at all times. Every care shall be exercised in the collection of samples to insure their preservation in a state comparable to that at the time the sample was taken.
(5) Laboratory procedures used in the examination of industrial wastes shall be those set forth in “Standard Methods.” However, alternate methods for certain analysis of industrial wastes may be used subject to mutual agreement between the Director of Public Service and Safety for the City of St. Marys, Ohio and the person. Determination of the character and concentration of the industrial wastes shall be made by the person discharging them, or the person’s agent, as designated and required by the Director of Public Service and Safety for the City of St. Marys, Ohio. The City may also make its own analysis on wastes.
(6) When it is deemed necessary by the Director of Public Service and Safety for the City of St. Marys, Ohio or when the subject of mutual agreement between the Director of Public Service and Safety for the City of St. Marys, Ohio and the person, the City may perform sampling operations and analysis of industrial waste which are the responsibility of the person discharging the waste. Fees for such sampling and analysis services shall be determined and established by the Director of Public Service and Safety for the City of St. Marys, Ohio.
(7) All industrial dischargers which discharge industrial wastes shall when required by the Director of Public Service and Safety for the City of St. Marys, Ohio provide and operate at their own expense monitoring facilities at each discharge point to allow inspection, sampling, and flow measurement of each sewer discharge to the treatment works. These facilities shall be constructed in accordance with plans and specifications approved by the Director. Each monitoring facility shall be situated on the discharger’s premises, except where such a location would be impractical or cause undue hardship to the discharger. The Director may concur with the facility being constructed in the public street or sidewalk area if the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in and near such sampling facility to allow accurate sampling and preparation of sampling for analysis. The facility, sampling and measuring equipment, shall be maintained at all times in a safe and proper operating condition at the expense of the industrial discharger.
(8) The Director of Public Service and Safety for the City of St. Marys, Ohio, may inspect the monitoring facilities of any industrial discharger to determine compliance with the requirements of the rules, regulations and standards of the Director. The discharger shall allow the Director or his representatives to enter upon the premises of the discharger at all reasonable hours, for inspecting, sampling or examining records. The Director shall have the right to cause to be set upon the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and indoor metering operations and the costs shall be borne by the discharger.
(9) All analysis required under this section shall be performed in accordance with Standard Methods as outlined in subsection (o)(5) above or 40 CFR 136, as may be amended; except where neither, includes a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the USEPA publication “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, “April, 1977, as may be amended, or in accordance with any other sampling or analytical procedures approved by the Administrator of the USEPA.
(p) Enforcement. The Director of Public Service and Safety for the City of St. Marys, Ohio reserves the right to prohibit any discharge which will present potential harm to health, the environment, the wastewater treatment plant, the collection system or may cause a violation of its NPDES permit. This includes any change in the flow rate or quantities that are coming to the treatment works. He may:
(1) Reject the waste;
(2) Require acceptable pretreatment as a condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge;
(4) Require payment to cover the added cost of handling and treat wastes not covered using taxes or sewer charges;
(5) Require new industrial customers or industries with significant changes in strength or flow to submit information to the Approval Authority concerning the proposed flows.
(6) If the Director of Public Service and Safety for the City of St. Marys, Ohio permits the pretreatment or equalization of discharges, the design and installation of the facilities for pretreatment or equalization shall be subject to review and approval of the Director of the Ohio Environmental Protection Agency (OEPA) and the Director of Public Service and Safety for the City of St. Marys, Ohio in accordance with Ohio R.C. Section 6111. The property owner or discharger shall not begin construction of facilities until approvals in writing have been obtained by both the Director and Director of the OEPA.
(7) If the Director of Public Service and Safety for the City of St. Marys, Ohio deems a violation of the pretreatment limits needs further explanation, he can, at his discretion, request that an administrative hearing be held in which the industry will be asked to justify their actions before the Director. If a plan can be formulated to resolve the situation, it shall be reduced to writing and a compliance schedule attached. If an acceptable solution can not be found or the situation is deemed to be critical, the Director of Public Service and Safety for the City of St. Marys, Ohio will order the termination of service.
Written notice of the termination of service to the discharger for the City’s treatment works shall be served upon the discharger within five (5) days of such suspension. Delivery by certified or registered U.S. mail will be deemed to have satisfied the service notice requirements.
Upon failure of a discharger to voluntarily comply with a termination order within the specified time, the Director of Public Service and Safety for the City of St. Marys, Ohio shall immediately begin judicial proceeding to compel the discharger’s compliance. Should the discharger then comply with the order, all proceedings will cease. The discharger will reduce to writing the action he will take to come into compliance. The City, however, reserves, the right to recover costs incurred for enforcing the compliance of the order.
(q) Termination of Service. The City of St. Marys can seek termination of service for the following reasons:
(1) Any discharger that fails to factually report its wastewater constituents and characteristics of its discharge;
(2) Any discharger which fail to report significant changes in its wastewater constituents or characteristics;
(3) Any dischargers which refuses the Director of Public Service and Safety for the City of St. Marys, Ohio request for reasonable access to its premises for the purpose of inspection or monitoring of discharges;
(4) Any industrial discharger which violates the provisions of this section, the rules set forth by the Director of Public Service and Safety for the City of St. Marys, Ohio, or any judicial order entered with respect thereto.
(r) Notification of Violation Administrative Adjustment. Whenever the Director finds that any discharger who has engaged in conduct which justifies termination of a wastewater treatment service, the Director shall serve or cause to be served upon the discharger a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
(1) Within thirty (30) days within the date of receipt of the notice, the discharger shall respond in writing to the Director advising of its position with respect to the allegations. In this case, the Director has made a determination that the discharge does not need to be terminated immediately. Thereafter, the parties shall meet to ascertain the accuracy, lawfulness and reasonableness of the findings, and where necessary to establish an administrative adjustment plan for the satisfactory correction of the violation.
(s) Show Cause Hearing. Where a violation is not corrected in a timely manner, the Director may order any discharger causing or allowing conduct prohibited to show cause before the Director why the proposed service termination action should not be taken. A written notice shall be served on the discharger by personal service or certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Director regarding the violation. The notice shall include the reasons why the enforcement action is to be taken, the proposed enforcement action, and shall direct the discharger to show cause before the Director why the proposed enforcement action should not be taken. The notice shall be served at least ten (10) days before the hearing. Service may be on any statutory agent, officer or authorized representative of the discharger. The Director shall consider the proceedings at the hearing and shall then enter appropriate orders with respect to the alleged violation. The discharger may appeal to a court of competent jurisdiction in accordance with applicable laws.
(t) Enforcement Actions; Annual Publication. At least annually, the City shall publish in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the City a list of all industrial users which at any time during the previous twelve (12) months were in significant noncompliance with applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violations meet one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six-month period exceed a numeric pretreatment standard or requirement, including an instantaneous limit;
(2) Technical Review Criteria (TRC) violations, defined here as those in which fifty percent (50%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable criteria;
(3) Any other violation of a pretreatment standard or requirement (daily maximum, long term average, instantaneous limits) that the Director 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 the public or the environment or has resulted in the Director of Public Service and Safety for the City of St. Marys, Ohio exercise of emergency authority to halt or prevent such a discharge.
(5) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which may include a violation of Best Management Practices which the Director determines will or has adversely affected the operation or implementation of the City’s pretreatment program.
(u) Interpretations and Ruling of the Director. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the Director on any matter covered within this section. The Director shall provide within thirty (30) days his written interpretation or ruling detailing the basis and necessity of the interpretation or ruling. If the inquiry is by a discharger and deals with matters of performance or compliance with this section or the Rules and Regulations of the Director, the Discharger can ask for a stay all enforcement proceedings until the discharger receives the Director’s written reply. The Director will reply to a request for a stay within five (5) days. Any action taken by the Director may be appealed by the affected party to a court of competent jurisdiction in accordance with applicable laws.
(v) Waste Haulers. Haulers of domestic tank sludge and liquid wastes which require special handling or facilities shall comply with the Rules and Regulations of the Director of Public Service and Safety for the City of St. Marys, Ohio and shall pay to the City the amounts required for acceptance and treatment in the City’s treatment works.
No person shall discharge domestic septic tank waste to the treatment works at any location other than the designated septic tank waste facilities provided by the City. Acceptance of domestic septic tank sludge and waste at these facilities shall be limited to sludges and waste originating within the City from private wastewater disposal facilities and from such facilities located outside the City for which there are in effect formal agreements, providing for acceptance of domestic tank sludges and waste originating from private wastewater disposal facilities within their areas.
(w) Penalties.
(1) Administrative fines. The Director may assess administrative fines not to exceed five thousand dollars ($5,000.00) per violation against any person or organization who violates any provision of this section or the rules and regulations for the City of St. Marys, Ohio. Each day, or portion thereof, when a violation occurs, shall be considered a separate offense.
(2) The City of St. Marys, Ohio reserves the right to also seek civil damages and/or criminal penalties from the non-compliance of any discharger in a court of competent jurisdiction.
(3) The City of St. Marys shall be authorized to enter upon the property of any person who fails, pursuant to a written order of the Director, to remove an unpolluted water connection to a sanitary sewer and to take any and all actions necessary to eliminate the connection at the cost of the violator. Each day of violation shall constitute a separate offense.
(4) In determining the amount of the administrative fine or civil penalty to be assessed for violations of this section, the following factors may be considered:
A. The magnitude and severity of the violation;
B. History of past violations or compliance;
C. The economic benefit derived by the violator from the deferral of remedial action;
D. The degree of environmental harm and/or POTW damage caused from the violation;
E. The recalcitrance of the violator;
F. Good faith efforts by the violator to take appropriate remedial action;
G. The duration of the violation.
(5) In addition to the penalties authorized in this section, the City may recover its costs of investigating and remediating violations of this section plus the cost of pursuing civil or criminal actions related to any violation of this section. Additionally, the City reserves the right to recover any and all administrative fines or penalties that may be imposed by a state or federal regulatory body on the City for failure to meet any law, rule, or regulation that is caused by an industrial user or discharge. All penalties and fines collected under this section shall be credited to the City of St. Marys, Ohio.
(x) Confidential Information. Information and data furnished to the Director of Public Service and Safety for the City of St. Marys, Ohio with respect to the nature and frequency of discharges shall be available to the public or other governmental agencies without restriction. This will be done unless the industrial discharger specifically requests and is able to demonstrate to the satisfaction of the Director, that the release of this information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information, under the law. Wastewater constituents and characteristics will not be recognized as confidential information.
(y) Record Retention. Industrial dischargers subject to this provision shall keep all written information relating to the monitoring, sampling and chemical analysis of its discharge for at least five (5) years.
(z) Right to Enter. The City or its representative shall have the right of entry to the industrial user premises in which a discharge source or treatment system is located or in which records are required to be kept to assure compliance with the pretreatment standards. This entry will include all inspections, surveillance and monitoring procedures necessary to determine, independent of the information supplied by industrial users, compliance or not with the pretreatment requirements of all applicable rules and regulations.
(aa) Waiver of Sampling. Any industrial discharger that is subject to a categorical pretreatment standard can forgo sampling requirements for particular pollutants if the discharger can demonstrate to the appropriate state and federal authorities and Director of Public Service and Safety for the City of St. Marys, Ohio through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge. This authorization is subject to the following conditions:
(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater;
(2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit;
(3) In making a demonstration that a pollutant is not present, the Industrial User must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes;
(4) The request for a monitoring waiver must be signed in accordance with this section and include the certification statement in 40 CFR 403.6(a)(2)(ii);
(5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis;
(6) Any grant of the monitoring waiver by the Director of Public Service and Safety for the City of St. Marys, Ohio must be included as a condition in the User’s permit. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Director of Public Service and Safety for the City of St. Marys, Ohio for three (3) years after expiration of the waiver;
(7) Upon approval of the monitoring waiver and revision of the User’s permit by the Director of Public Service and Safety for the City of St. Marys, Ohio, the Industrial User must certify on each report with the statement that there has been no increase in the pollutant in its waste stream due to activities of the Industrial User:
A. “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 violation”.
(8) In the event that a waivered pollutant is found to be present or is expected to be present because of changes that occur in the User’s operations, the User must immediately: Comply with the monitoring requirements of this section or other more frequent monitoring requirements imposed by the Director of Public Service and Safety for the City of St. Marys, Ohio, and notify the Director thereof;
(9) This provision does not supersede certification processes and requirements established in Categorical Pretreatment Standards, except as otherwise specified in the Categorical Pretreatment Standard.
(bb) Individual Wastewater Discharge Permit Requirement. No significant Industrial User shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Approval Authority.
(1) The Approval Authority may require other dischargers to obtain individual wastewater discharge permits as necessary to carry out the purpose of this ordinance.
(2) Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in this section. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment standards or requirements or with any other requirements of Federal, State, and Local laws.
(cc) Individual Wastewater Discharge Permitting: Existing Connections. Any discharger required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after Approval Authority notification, apply for an individual wastewater discharge permit and shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this ordinance except in accordance with an individual wastewater discharge permit issued by the Approval Authority.
(dd) Individual Wastewater Discharge Permitting: New Connections. Any discharger required to obtain an individual wastewater discharge permit who proposes to begin or resume discharging into the POTW must obtain a permit prior to the beginning or resuming of such discharge. An application for this individual wastewater discharge permit must be filed at least thirty (30) days prior to the date upon which any discharge will begin or resume.
(ee) Application Signatories and Certifications. All wastewater discharge permit applications, reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement.
(1) Certification of Permit Applications, User Reports, and Initial Monitoring Waiver - The following certification statement is required to be signed and submitted by Users submitting permit applications; Users submitting baseline monitoring reports; Users submitting reports on compliance with the Categorical Pretreatment Standard deadlines; and Users submitting an initial request to forego sampling of a pollutant. The certification statement must be signed by an Authorized Representative as defined in this section and follow subsection (aa)(7)A. hereof.
(ff) Individual Wastewater Discharge Permit Decisions. The Approval Authority will evaluate the data furnished by the discharger and may require additional information. Within ten (10) days of receipt of a complete baseline monitoring report, the Approval Authority will determine whether to issue an individual wastewater discharge permit. The Approval Authority may deny any application for an individual wastewater discharge permit.
(gg) Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at a discretion of the Approval Authority. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
(hh) Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Approval Authority 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. The contents of the individual wastewater discharge permit may include:
(1) Company Name
(2) Mailing Address
(3) Facility Address
(4) Primary SIC Code
(5) Classification
(6) Major Process Generating Wastewater
(7) Applicable Categorical Regulation
(8) Discharge Standards
A. Prohibited Discharges
(9) Self-Monitoring Requirements
(10) Local Discharge Standards
(11) Categorical Standards
(12) Standard Conditions
A. General Prohibitions
B. Inspections
C. Monitoring facilities
D. Environmental control permits
E. Confidential information
F. Falsifying information to tampering with monitoring equipment
G. Changes in discharge, spills, and operating upsets
H. Proper disposal of pretreatment sludges and spent chemicals
I. Signatory requirements
J. Additional reporting requirements
K. General penalty
(13) Special Conditions
A. Spill prevention plan
B. Slug control plan
C. Solvent control plan
D. Flow meters
E. Installation of manholes for sampling
F. Best Management Practices.
(ii) Permit Modification. The Approval Authority may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or Local Pretreatment Standards or requirements;
(2) To address significant alterations or additions to the discharger’s operation, processes, or wastewater volume or characteristics since the time of the individual wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the City of St. Marys, POTW, personnel, or the receiving waters;
(5) Violation of any terms or conditions of the individual wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to CFR 403.13;
(8) To correct typographical or other errors in the individual wastewater discharge permit;
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested.
(jj) Individual Wastewater Discharge Permit Transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Approval Authority and the Approval Authority approves the individual wastewater discharge permit transfers. The notice to the Approval Authority must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of the facility transfer.
(kk) Individual Wastewater Discharge Permit Revocation. The Approval Authority may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the approval authority of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to Approval Authority of changed conditions pursuant to this ordinance;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Approval Authority timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a baseline monitoring report or the wastewater discharge permit application.
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility;
(13) Violation of any Pretreatment Standards or requirement, or any terms of the wastewater discharge permit or this ordinance.
Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permit issued to a discharger are void upon the issuance of a new individual wastewater discharge permit to that discharger.
(ll) Individual Wastewater Discharge Permit Reissuance. A discharger with an expiring individual wastewater discharge permit shall apply for an individual wastewater discharge permit reissuance by submitting a complete Baseline Monitoring Report a minimum of thirty (30) days prior to the expiration of the discharger’s existing individual wastewater discharge permit.
(mm) The City of St. Marys shall adopt in the Director’s Rules and Regulations administrative fees for the cost of formulating and operating the Pretreatment Program which may include, but not be limited to:
(1) Fees for wastewater permit applications including the cost of processing;
(2) Fees to review and analyze each accidental incident or unauthorized discharge;
(3) Costs associated with plan reviews;
(4) Administrative costs for exceedances over and above penalties or fines listed herein;
(5) Fees for monitoring, inspection, and surveillance.
(Ord. 2008-14. Passed 5-27-08; Ord. 2019-03. Passed 2-11-19.)