CHAPTER 54: WASTEWATER PRETREATMENT
Section
General Provisions
   54.01   Objectives; applicability
   54.02   Definitions
   54.03   Administration
   54.04   Confidential information
   54.05   Brushy Hollow wastewater collection system
Sewer Use and Pretreatment Regulations
   54.15   Prohibited discharge standards
   54.16   Abnormal waste surcharge
   54.17   National categorical pretreatment standards
   54.18   Local limits
   54.19   City’s right of revision
   54.20   Dilution
   54.21   Pretreatment of wastewater
   54.22   Wastewater discharge permits; interjurisdictional agreements
   54.23   Pretreatment charges and fees
Reporting Requirements
   54.35   Baseline monitoring reports
   54.36   Compliance schedule progress reports
   54.37   Reports on compliance with categorical pretreatment standard deadline
   54.38   Periodic compliance reports
   54.39   Reports of changed conditions
   54.40   Reports of potential problems
   54.41   Reports from unpermitted users
   54.42   Notice of violation; repeat sampling and reporting
   54.43   Notification of the discharge of hazardous waste
   54.44   Analytical requirements
   54.45   Sample collection
   54.46   Timing
   54.47   Record keeping
Compliance Monitoring
   54.60   Right of entry; inspection and sampling
   54.61   Search warrants
   54.62   Public noticing of SNC discharges
Administrative Enforcement Remedies
   54.75   Notification of violation
   54.76   Agreed orders
   54.77   Show cause hearing
   54.78   Compliance orders
   54.79   Cease and desist orders
   54.80   Administrative fines
   54.81   Emergency suspension
   54.82   Termination of discharge
   54.83   Public nuisances
Judicial Enforcement Remedies
   54.95   Injunctive relief
   54.96   Civil penalties
   54.97   Remedies nonexclusive
Pretreatment Program Enforcement Response Plan
   54.105   Introduction
   54.106   Purpose
   54.107   Administration and jurisdiction
   54.108   Abbreviations and definitions
   54.109   Personnel responsibilities
   54.110   Identifying and investigating instances of noncompliance
   54.111   Description of enforcement actions
   54.112   Enforcement response guide
GENERAL PROVISIONS
§ 54.01 OBJECTIVES; APPLICABILITY.
   (A)   This chapter sets forth uniform requirements for users of the publicly owned treatments works for the city, and enables the city to comply with all applicable state and federal laws, including the Clean Water Act, the same being 33 USC 1251 et seq., and the General Pretreatment Regulations, the same being 40 CFR Part 403. The objectives of this chapter are:
      (1)   To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
      (2)   To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
      (3)   To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
      (4)   To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
      (5)   To provide for fees for the equitable distribution of the costs of operation, maintenance and improvement of the publicly owned treatment works; and
      (6)   To enable the city 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 publicly owned treatment works is subject.
   (B)   This chapter shall apply to all users of the publicly owned treatment works. This chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(Ord. 842, passed 4-1-2000)
§ 54.02 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, the same being 33 USC 1251 et seq.
      APPROVAL AUTHORITY. The regional administration of U.S. EPA Region V.
      AUTHORIZED REPRESENTATIVE OF THE USER.
         (a)   If the user is a corporation:
            1.   The president, secretary, treasurer, or 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 operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated 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 government 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 division (a), (b), and (c) above may designate another authorized representative if the authorization is in writing, if 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 Board.
      BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C, usually expressed as a concentration, such as mg/l.
      BOARD. The City Board of Public Works and Safety, or any other duly authorized officials acting on its behalf.
      BYPASS. The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
      CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
      CITY. The City of Tell City, under the jurisdiction of the Board of Public Works and Safety.
      CLEAR WATER FLOW. Groundwater or precipitation related water which enters the sanitary sewer collection system through pipe defects (infiltration) or conduits (inflow).
      COMPOSITE SAMPLING. A method of sampling which weighs sample volume with discharge flow rate.
      CONTROL AUTHORITY. The Board of Public Works and Safety.
      COUNCIL. The City Common Council.
      ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Region V Water Management Division Director, or other duly authorized official of the agency.
      EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to the source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
      GRAB SAMPLE. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
      INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.
      INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
      INTERFERENCE. A discharge which, 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's NPDES permit or of 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: Section 405 of the Act; the Solid Waste Disposal Act, including Title 11, 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 Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
      MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
      NEW SOURCE.
         (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 which will be applicable to the source if the 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 discharge source is located;
            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 process 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 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 division (a)2. or 3. above but otherwise alters, replaces or adds to an existing process or production equipment.
         (c)   Construction of a NEW SOURCE, as defined herein, has commenced if the owner or operator has begun, or caused to begin, as part of a continuous on-site construction program:
            1.   Any placement, assembly or installation of facilities or equipment;
            2.   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
            3.   Entered into a binding contractual obligation for the purchase of facilities or equipment which are 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 definition.
      NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
      PASS THROUGH. A discharge which exits the PTW into waters of the 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's NPDES permit (In 0024392), including an increase in the magnitude or duration of a violation.
      PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. PERSON includes all federal, state and local governmental entities.
      pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
      POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of wastewater, for example, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor.
      PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing the pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
      PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
      PRETREATMENT STANDARDS or STANDARDS. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
      PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 54.15.
      PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works, as defined by Section 212 of the Act (33 USC 1292), which is owned by the city. PUBLICLY OWNED TREATMENT WORKS 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.
      SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
      SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial, and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
      SEWAGE. Human excrement and gray water (household showers, dish washing operations and the like).
      SIGNIFICANT INDUSTRIAL USER (SIU).
         (a)   A user subject to categorical pretreatment standards; or
         (b)   A user that:
            1.   Discharges an average of 25,000 gpd or more of process wastewater at the POTW, excluding sanitary, noncontact cooling and boiler blow down wastewater;
            2.   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
            3.   Is designated as the same by the Board on the basis that it has reasonable potential for adversely affecting the POTW's operation, or for violation of any pretreatment standard or requirement.
         (c)   Upon a finding that a user meeting the criteria in division (b) above has reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Board may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that the user should not be considered a SIGNIFICANT INDUSTRIAL USER.
      SIGNIFICANT NONCOMPLIANCE (SNC). For compliance provisions of this chapter, SIGNIFICANT NONCOMPLIANCE (SNC) is defined as follows:
         (a)   Violations of wastewater discharge limits, further defined as follows:
               1.   CHRONIC VIOLATIONS. Sixty-six percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period;
               2.   TECHNICAL REVIEW CRITERIA (TRC). Thirty-three percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period. There are two groups of TRC's:
                  a.   Group I for conventional pollutants (BOD5, COD, TSS, fats, oil and grease). TRC = 1.4 (40%); and
                  b.   Group II for all other pollutants. TRC = 1.2 (20%).
               3.   Any other violation(s) of an effluent limit (average or daily maximum) that the Wastewater Superintendent believes has caused, along or in combination with other discharges, interference such as slug loads or pass-through; or endangered the health of the sewage treatment personnel or the public; and/or
               4.   Any discharge of a pollutant which has caused imminent endangerment to human health or welfare or to the environment, and resulted in the POTW's exercise of this emergency authority to halt or prevent the discharge;
         (b)   Violation of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction and attaining final compliance by 90 days or more after the schedule date;
         (c)   Failure to provide reports for compliance schedules, self-monitoring date or categorical standards (baseline monitoring reports, 90-day compliance reports and periodic reports) within 30 days from due date;
         (d)   Failure to accurately report non-compliance; and/or
         (e)   Any other violation or group of violations which the utilities manager considers to be significant.
      SLUG LOAD or SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 54.15.
      STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual, issued by the United States Office of Management and Budget.
      STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting from the precipitation, including snow melt.
      SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering.
      UPSET. An exceptional incident in which there is an unintentional incident and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance or careless or improper operation.
      USER or INDUSTRIAL USER. A source of discharge to the municipal sewer system.
      SUPERINTENDENT. The person designated by the Board of Public Works and Safety who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
      WASTEWATER. Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
       WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
   (B)   For the purpose of this chapter, the following abbreviations shall have the meanings designated below.
      BOD5. Biochemical oxygen demand; five-day.
      CFR. Code of Federal Regulations.
      COD. Chemical oxygen demand.
      EPA. U.S. Environmental Protection Agency, Washington, D.C.
      EPA REG. V. U.S. Environmental Protection Agency, Region V, Chicago, Illinois.
      FOG. Fats, Oil and Grease.
      GPD. Gallons per day.
      I.C. Indiana Code.
      I/I. Inflow and Infiltration (clear water flow).
      IDEM. Indiana Department of Environmental Management.
      mg/l. Milligrams per liter.
      NPDES. National Pollutant Discharge Elimination System.
      O&G. Oil and grease.
      POTW. Publicly owned treatment works.
      RCRA. Resource Conservation and Recovery Act.
      SIC. Standard industrial classification.
      SIU. Significant industrial user.
      SNC. Significant noncompliance.
      TSS. Total suspended solids.
      USC. United States Code.
(Ord. 842, passed 4-1-2000)
§ 54.03 ADMINISTRATION.
   Except as provided herein, the Superintendent shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other city personnel.
(Ord. 842, passed 4-1-2000)
§ 54.04 CONFIDENTIAL INFORMATION.
   Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the Wastewater Superintendent’s inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the Superintendent that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any request of this kind must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that the information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302, will not be recognized as confidential information and will not be available to the public without restriction.
(Ord. 842, passed 4-1-2000)
§ 54.05 BRUSHY HOLLOW WASTEWATER COLLECTION SYSTEM.
   (A)   There shall be no additional users, in addition to those users currently using said system, allowed on the Brushy Hollow wastewater collection system.
   (B)   The Sewer Department of the city shall not allow any additional users to connect to the Brushy Hollow wastewater collection system.
(Ord. 1111, passed 9-6-16)
SEWER USE AND PRETREATMENT REGULATIONS
§ 54.15 PROHIBITED DISCHARGE STANDARDS.
   (A)   No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which cause pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or by any other national, state or local pretreatment standards or requirements.
   (B)   No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:
      (1)   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flash point of less than 140° F (60° C) using the test methods specified in 40 CFR 261.21;
      (2)   Wastewater having a pH less than 6.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
      (3)   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference. Total suspended solids level in excess of 250 mg/l daily average may be subject to a surcharge pursuant to § 54.16;
      (4)   Pollutants, including oxygen-demanding pollutants such as BOD and the like, released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. BOD levels in excess of 200 mg/l daily average may be subject to a surcharge pursuant to § 54.16;
      (5)   Wastewater having a temperature greater than 140° F (60° C) or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperatures at the introduction into the treatment plant to exceed 104° F (40° C) ;
      (6)   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
      (7)   Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW sewers, including in a quantity that may cause acute worker health and safety problems;
      (8)   Trucked or hauled pollutants;
      (9)   Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
      (10)   Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit;
      (11)   Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
      (12)   Storm water, surface water, ground water, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the Superintendent;
      (13)   Sludges, screenings or other residues from the pretreatment of industrial wastes;
      (14)   Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit;
      (15)   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; and/or
      (16)   Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.
   (C)   A user may not allow an upset of pretreatment system bypass unless the event is unavoidable to prevent loss of life, personal injury or severe property damage.
   (D)   Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in a manner so that they could be discharged to the POTW.
(Ord. 842, passed 4-1-2000)
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