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TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Streets, Sidewalks and Public Grounds
TITLE THREE - Utilities
CHAPTER 925 Sewer Definitions and Construction Standards
CHAPTER 927 Sewer Connections and Use
CHAPTER 929 Sewer Service Charges
CHAPTER 930 Sewer Discharge Control
CHAPTER 931 Special Sewer Provisions and Payments
CHAPTER 932 Roadside Drainage Systems
CHAPTER 933 Water Rates
CHAPTER 935 Nonresident Water Service
CHAPTER 937 Water Meters
CHAPTER 939 Water Regulations
CHAPTER 941 Storm Water Discharge Control
CHAPTER 943 Storm Water Management Program
CHAPTER 945 Management and Control of the Public Right of Way
CHAPTER 947 Provision of Electric Energy
CHAPTER 949 Toledo Public Power
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
TITLE FIVE - Other Public Services.
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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930.05. Limitations on wastewater strength.
   (a)    National Categorical Pretreatment Standards.
   All industrial dischargers shall comply with applicable categorical standards promulgated by the USEPA pursuant to the Act.
   (b)    State or other governmental requirements.
   All dischargers shall comply with applicable State and other requirements legally adopted by other political subdivisions which discharge into the City's treatment works.
(Ord. 883-85. Passed 12-31-85.)
   (c)   Toledo Standards - Maximum Allowable Industrial Loadings.
   The total mass of pollutants allocated to all permitted Industrial Users shall not exceed the levels specified as referenced in Appendix A. Changes in Local Limits due to increased or decreased loadings in the service area or due to other special conditions including, but not limited to, water quality stream standards, NPDES discharge permit limits, or other conditions as determined by the Control Authority, may cause a change in these allocations. The loadings are incorporated into Industrial User permits as concentration limits. The Industrial User permit limits apply at the point where the wastewater is discharged to the POTW.
   The Control Authority may impose mass limitations for specific substances when it is determined that the imposition of mass limitations is necessary either to protect the treatment works, sludge disposal processes, sludge disposal options, and receiving streams, or to comply with the City's NPDES permit. Allocations may be revoked by the Control Authority and shall not be considered property rights.
   (d)   Dilution Exclusion.
   No Industrial User 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 Chapter and the rules, regulations and standards promulgated by the Director.
   (e)   Best Management Practices as Local Limits.
   Where appropriate, the Control Authority may require Industrial Users to establish and implement industry specific Best Management Practices (BMPs) in conjunction with or in lieu of numerical Local Limits. Such BMPs shall be considered Pretreatment Standards and are fully enforceable under this chapter.
(Ord. 210-12. Passed 5-8-12.)
930.051. Sampling fees.
   (a)   [Repealed]
   (b)   Fees for sampling and testing of industrial wastes.
   Under the provisions of this Part Nine, Streets, Utilities and Public Services Code, the fees for sampling and analysis of industrial wastes by the City are established in Appendix A.
(Ord. 210-12. Passed 5-8-12.)
930.06. Modification of standards.
   (a)    The City reserves the right to amend this chapter 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.
   (b)    All categorical standards promulgated by the USEPA shall be included by reference as a part of the limitations defined in Section 930.05 upon their effective date.
   (c)    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 Section 930.05 upon their effective date.
   (d)   An application for modification of a categorical standard may be considered for submission to the Regional Administrator of the USEPA by the Director when all requirements of 40 CFR 403.7 are met. The Industrial User must submit any data and information necessary for the application to the City.
   (e)   Any changes to the Toledo standards contained in this Chapter shall include a reasonable time scheduled for compliance. Such time schedule shall not exceed two (2) years except under unusual circumstances and only after approval by the Director of Public Utilities. Compliance with categorical standards shall be the compliance date identified in the applicable regulation.
(Ord. 210-12. Passed 5-8-12.)
930.07. [Reserved]
930.08. Unusual discharge, unusual strength or character and unusual waste.
   (a)   No person shall cause or permit an unusual discharge to the public sewers without first obtaining the approval of the Director. An unusual discharge to the City sewer system is one that meets any of the following criteria: (i) is discharged through a non-permanent entry point into the sewer system; (ii) is not the result of a normal business operation; or (iii) is a one-time special discharge.
   (b)   The unusual discharge shall not exceed any of the concentrations listed in Section 930.05(c). In addition, the discharge shall not exceed the concentrations except as stated in Appendix A.
   (c)   Any person seeking to release an unusual discharge to the sanitary sewer system shall submit an application and pay an application fee to the Division of Environmental Services as stated in Appendix A.
   (d)   If the unusual discharge application is approved, the User shall be issued a discharge permit after paying a permit fee to the Division of Environmental Services based upon the volume of flow as stated in Appendix A.
   (e)   The unusual discharge permit shall be valid for a period of one month from the date of issuance. In the event a request is made to discharge for a period in excess of one month, the Director may grant an extension of the existing permit or may enter the User into the Industrial Pretreatment Program for the period of time corresponding to the discharge. The User shall make arrangements with the Division of Sewers and Drainage to determine an acceptable discharge point to the sanitary sewer system. A flow meter or other method acceptable to Division of Environmental Services must be used to determine the amount of waste discharged to the sewer system. If the User is unable to obtain a meter, the City will use the full capacity of the containment device used to hold the wastewater prior to discharge for billing purposes.
   (f)   In addition to the fees charged under this section, any person discharging wastewater with an unusual strength or character shall also pay the charges specified in Section 929.03(c).
   (g)   No provision of this chapter shall prevent an agreement between the City and the User whereby wastewater with unusual strength or character may be discharged to the treatment works subject to additional charges and fees set forth in the agreement. No agreement entered into between the City and a User will violate the general and specific discharge limitations set forth in this chapter or any other federal or state or local regulations or standards including, without limitation, the National Categorical Pretreatment Standards.
   (h)   Unusual waste includes, without limitation, unregulated process waste, leachate, condensate or any other discharge related to a landfill or landfill type operation as set forth in Section 929.03(c). Each User will submit analytical data and the maximum proposed volumes to be discharged, and the Control Authority will allocate concentrations on an individual basis. The allocated concentrations may not exceed the City of Toledo's MAIL's. Each individual limit will be based on the mass based limits for all pollutants of concern as set forth in Section 930.05(c).
(Ord. 210-12. Passed 5-8-12.)
930.09. Pretreatment facilities.
   (a)   If the Director determines that an Industrial User's wastes may be harmful to the structures, processes or operation of the POTW, the User shall provide, operate and maintain, at its own expense, such pretreatment or processing facilities as may be determined necessary to render the wastes acceptable for admission to the public sewers. Such pretreatment shall achieve compliance with this chapter and all Categorical Pretreatment Standards, Local Limits, and the prohibitions set out in Sections 930.03 and 930.04 of this chapter within the time limitations specified by USEPA, the Ohio EPA, or the Control Authority, whichever is more stringent.
   (b)   Any User producing a slug discharge into the public sewers or a discharge requiring flow equalization as determined by the Control Authority shall construct, operate and maintain, at the User's own expense, a suitable storage and flow-control facility to insure equalization of 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 (24) 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 Control Authority. An individual wastewater discharge permit may be issued solely for flow equalization.
   (c)   If the Director permits the pretreatment or equalization of discharges, the design and installation of the facilities for pretreatment or equalization shall be subject to review by and approval of the Director of the Ohio EPA and the Director of Public Utilities in accordance with ORC 6111.03. Plans, specifications, operating procedures and any other pertinent information relating to the proposed pretreatment or equalization facilities shall be submitted for approval and both approvals, obtained in writing prior to the start of construction if the effluent from such facilities is to be discharged into the public sewers. The review of such plans by the Approval Authority and the Control Authority shall in no way relieve the User from the responsibility of modifying the facilities as necessary to produce a discharge acceptable to the City of Toledo under the provisions of this chapter.
   (d)   Users with the potential to discharge flammable substances may be required to install, operate and maintain an approved combustible gas detection meter at the User's expense.
   (e)   As required in the City of Toledo's Industrial Waste Release Minimization Plan (IWRMP), the Control Authority, whenever deemed necessary, may require Users 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 implement such other conditions as may be necessary to protect the POTW and determine the User's compliance with the requirements of this chapter.
(Ord. 210-12. Passed 5-8-12.)
930.10. Spill and slug control.
   (a)   No person shall cause the discharge of slugs of water or wastes into the public sewers.
   (b)   Each person shall provide safeguards against spills and slug loads to the POTW of prohibited or limited substances as set forth in this chapter and the rules and regulations of the Control Authority. Additionally, safeguards shall be provided for the hazardous substances identified in section 311 of the Clean Water Act (33 U.S.C. 1321). Any facilities or procedures to prevent accidental releases shall be provided, operated and maintained at the person's expense.
   (c)   At a minimum, each Industrial User who stores 1,000 gallons or more of liquid substances identified by this chapter as a prohibited discharge and/or Section 311 of the Clean Water Act (33 U.S.C. 1321) shall have on file a spill control plan prepared by a registered professional engineer. When deemed necessary by the Control Authority, the User shall file with the Control Authority a copy of the plan and a letter indicating that such a plan is in effect.
   (d)   The Control Authority shall evaluate once per permit cycle whether each Significant Industrial User needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Control Authority may require any User 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 Control Authority may develop such a plan for any User. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
      (1)   Description of discharge practices, including nonroutine batch discharges;
      (2)   Description of stored chemicals;
      (3)   Procedures for immediately notifying the Control Authority of any accidental or slug discharge, as required by Section 930.13(f) of this chapter; 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.
   (e)   Each User shall take reasonable and necessary steps to reduce or eliminate any adverse effects of an accidental discharge on the City's treatment works.
   (f)   In the case of an accidental release, it shall be the User's responsibility to report all accidents to the Control Authority in accordance with the requirements set forth in Section 930.13 (f).
(Ord. 210-12. Passed 5-8-12.)
930.11. Haulers of domestic septic tank sludge.
   Haulers of domestic tank sludge and waste which require special handling or facilities shall comply with the rules and regulations of the Director of Public Utilities 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 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 permitted by the provisions of Section 927.02, 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.
(Ord. 883-85. Passed 12-31-85.)
930.12. Grease and sand separators/traps.
   (a)   Any person discharging liquid wastes containing excessive amounts of grease or any flammable waste, sand or other harmful substances shall provide grease, oil and/or sand separators/traps when they are necessary for the proper handling, except that such separators shall not be required for premises used exclusively for residential purposes. Separators/traps shall comply with the rules and regulations established by the Director of Public Utilities and shall be located for accessible inspection and cleaning.
      (1)   All new food service establishments shall be required to install at least a 1000-gallon (two compartment) outdoor grease separator/trap or submit plans from a State of Ohio registered design professional who has calculated the proper size of the grease separator/trap with menu and cooking activities included in the calculation. In the event an existing facility has a grease separator/trap that is either under-designed or substandard in accordance with this Section, the owner(s) shall be notified in writing of the deficiencies and required improvements and given a compliance schedule to conform to the requirements of this policy. For cases in which outdoor-type grease separators/traps are infeasible to install, existing food service establishments shall be required to install adequate and approved internal in-floor recessed grease separators/ traps for use on individual fixtures including sinks and other potentially grease-containing drains.
      (2)   Where grease, oil and/or sand separators/traps are provided or required, they shall be maintained continuously in a safe, satisfactory and effective operational condition by the owner at their expense. When samples are collected, the concentration for oil and grease cannot exceed 250 mg/L grab sampled or an average of 100 mg/L. The establishment is in violation if wastewater from the grease separator/trap exceeds these limits when discharging to the sanitary sewer. The owner of the property is responsible for routine cleaning, maintenance and repair, and associated record keeping for the grease separator/trap. Grease separators/traps shall be checked a minimum of once per month to ensure compliance with the maintenance schedule.
      (3)   Upon inspection by the Toledo Lucas County Health Department or the Control Authority, the establishment shall provide the following written documentation for their cleaning procedures: dates of monthly checks, dates of grease trap cleaning, amount of solids and grease removed, method of disposal, and manager's signature. Written documentation shall be maintained on-site for the inspector's review and shall be kept on record for a period of three (3) years. Failure to maintain on-site records and falsification of records may result in a penalty as referenced in Appendix A.
   (b)   No person shall cause to be discharged, either directly or indirectly, any of the following strictly prohibited substances into the treatment works of the City:
      (1)   Any material added to the drains or grease separator/trap used to reduce, remove, or emulsify the waste materials in the grease separator/trap (more than 1% including enzymes, detergents, and surfactants) as part of the maintenance;
      (2)   Any water from dishwashers equipped with booster heaters and/or using hot water, which passes through the grease separator/trap at a temperature in excess of 120ºF. A temperature step down valve or other permanent solution shall be installed to lower water temperature before passing through the grease separator/trap.
(Ord. 210-12. Passed 5-8-12.)
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