(a) Wastewater Dischargers. No person shall discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City and/ or to the POTW without having first complied with the terms of this chapter and of the orders issued by the City Administrator.
(b) Wastewater Discharge Data Disclosure.
(1) General disclosure. All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this chapter and the orders issued by the City Administrator within ninety days after the effective date of this chapter.
(2) Disclosure forms. Categorical industrial dischargers shall complete a disclosure declaration in the form prescribed by the City Administrator. Other industrial dischargers shall complete and file, at the discretion of the City Administrator, a disclosure declaration in the form prescribed by the City Administrator. Existing industrial dischargers may file disclosure forms within thirty days after the effective date of this chapter and proposed new dischargers shall file disclosure forms at least ninety days prior to connecting to the POTW. The disclosure to be made by the discharger shall be made on written forms provided by the City Administrator and may cover:
A. Disclosure of name, address and location of the discharger;
B. Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972;
C. Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in Section 907.06 and in this chapter, including Appendix A, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended. Other test methods may be required through an industry's City-issued wastewater contribution permit or due to special circumstances at the discretion of the City Administrator;
D. Disclosure of time and duration of discharges;
E. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows may be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility;
F. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
G. Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City;
H. Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with this chapter.
I. Where additional pretreatment and/ or operation and maintenance activities will be required to comply with this chapter, the discharger, at the discretion of the City Administrator, shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/ or implementation of additional operational and maintenance activities:
1. The schedule shall contain 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 chapter including, but not limited to dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.
2. Under no circumstances shall the time increment for any single step directed toward compliance exceed nine months.
3. No later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City Administrator, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City Administrator.
J. Disclosure of each product produced by type, amount, process or processes and rate of production;
K. Disclosure of the type and amount of raw materials utilized (average and maximum per day);
L. All disclosure forms shall be signed by an Authorized or Duly Authorized Representative of the discharger as defined in 907.02 (4) Definition and contains the following Certification Statement; Certification of Permit Applications, Discharger Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by dischargers submitting permit applications in accordance with 908.05 (b) and dischargers submitting periodic compliance reports required by 908.05 (c) Reporting Requirements for Permittee. The following certification statement must be signed by an Authorized or Duly Authorized Representative as defined in 907.02 (4):
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
The City Administrator shall evaluate the complete disclosure form and data furnished by the discharger and may require additional information. After full evaluation and acceptance of the data furnished, the City Administrator shall notify the discharger of the City's acceptance thereof.
M. Where additional pretreatment and/or operation and maintenance (O and M) activities will be required to comply with this chapter, an Authorized or Duly Authorized Representative discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment or O and M according to the conditions in Section 908.09(a).
(3) Standards modification. Where a discharger not previously subject to a National Categorical Pretreatment Standard has not previously submitted a disclosure form as authorized by subsection (b)(2) hereof, the discharger shall be required to file a disclosure form with the City Administrator within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any discharger operating on the basis of a previous filing of a disclosure statement, shall be required to submit to the City within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the additional information required by subsections (b)(2)H. and I. hereof.
(c) Reporting Requirements for Discharger.
(1) All Reports under this Section. Require the signature of an Authorized or Duly Authorized Representative of the discharger. In addition, any report or disclosure form submission requires a Certification Statement signed by an Authorized or Duly Authorized Representative of the discharger per Section 908.05(b)(2)L.
(2) Compliance date report. Within ninety days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this chapter or ninety days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to this chapter shall submit a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional 0 and M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements per Section 908.09. This report shall include a Certification Statement pursuant to subsection (c)(1) and shall be signed by an Authorized or Duly Authorized Representative of the discharger pursuant to subsection (d) hereof.
(3) Periodic compliance reports.
A. Categorical dischargers subject to a pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or, in the case of a new discharger, after commencement of the discharge to the City, shall submit during the months of June and December, unless required more frequently by the City Administrator, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. All other dischargers shall submit such reports at the discretion of the City Administrator. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement; provided however, where cost or feasibility consideration justify, the City Administrator may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause shown, considering such factors as local high or low flow rates, holidays, budget cycles or other extenuating factors, may authorize the submission of such reports on months other than those specified above.
B. Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. The frequency of monitoring by the discharger shall be as required by the individual discharge permits or by order of the City Administrator. All analyses shall be performed in accordance with 40 CPR, Part 136 and amendments thereto. Where 40 CPR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.
C. The POTW can require industrial users that are not subject to categorical pretreatment standards to submit the appropriate reporting data which is specified in the POTW' s wastewater contribution permit.
D. If sampling performed by an industrial user indicates a violation, the user shall notify the Control Authority within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within thirty days after becoming aware of the violation.
E. The reports required in subsection (c)(3)A. hereof shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. Analysis and sampling that is performed more frequently than required by the Control Authority shall also be included in the report.
F. Any discharger subject to the provisions of 908.03 (b) (5). shall submit reports to the City during the months of June and December, unless required more frequently, as report indicating compliance with the BMPs.
(d) Signatory Requirements for Industrial User Reports. The reports required in subsection (c) hereof shall be signed by the Authorized or Duly Authorized Representative of the discharger as defined in 907.02 (4) Definitions.
(e) Notification of Changed Discharge. All industrial users shall promptly notify the W.P.C.C. in advance of any substantial change in the volume or character of pollutants in their discharge.
(f) Net/Gross Calculation. Any industrial user wishing to obtain credit for intake pollutants shall make application to the Control Authority. Upon request of the industrial user, the Control Authority shall review the application and may adjust national categorical pretreatment standards to reflect credit for pollutants in the intake water.
(g) Hazardous Waste. All industrial users of the W. P. C. C. are required to report to the W.P.C.C., Ohio EPA and the U.S. EPA of any discharges of wastes which if disposed of in another manner would make this a hazardous waste under 40 CFR, Part 261 by 40 CPR 403.12(p)(1).
(h) Monitoring Facilities.
(1) All dischargers as required by the City Administrator, shall provide and operate at the discharger's own expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the discharger's premises, except where such a location would be impractical or cause undue hardship on the discharger, the City may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
(2) There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples 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 discharger.
(3) All sewers shall have an inspection and sampling manhole or structure (with an opening of no less than twenty-four inches in diameter and an internal diameter of no less than thirty-six inches) containing such flow measuring, recording and sampling equipment as is required by the City to assure compliance with this chapter.
(i) Inspection and Sampling.
(1) The City may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the City or its representatives, upon presentation of credentials of identification, to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling, or records examination. The City shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, or metering operations.
(2) Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
A. Except as indicated in subsection B. and C., the discharger must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the authority. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the authority, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of 908.05 (1) and (2), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the authority may authorize a lower minimum. For the reports required by 908.05 (c), the discharger is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(3) If a violation is detected through sampling and analysis conducted by the authority in lieu of the industrial discharger, the authority shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the discharger of the violation and requires the discharger to perform the repeat sampling and analysis.
(j) Confidential Information.
(1) Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
(2) When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the discharger furnishing the report.
(k) Wastewater Contribution Permits. All permits shall be issued for a five-year period, subject to amendment or revocation as provided in this chapter. Permits shall be issued to a specific user for a specific operation and are not assignable to another user without the proper written approval of the City. All significant industrial users are required to obtain one before discharging.
(l) Recordkeeping and Inspection. All industrial users shall submit to a duly authorized City representative, upon reasonable notice, all records relating to hazardous or other pollutants being removed from the property, which if discharged to the collection system could cause an upset, pass through interference or potential violation of the City's NPDES permit. These records shall be maintained by the industrial users and be readily available for inspection for a period of not less than three years.
(Ord. 14-26. Passed 5-5-14.)