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(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.)
(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.)
(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.)
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.)
(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.)
(a) Baseline Monitoring Report.
All Industrial Users discharging, or proposing to connect to the City's treatment works, shall complete and file with the Control Authority a Baseline Monitoring Report in the form provided by the Control Authority.
Proposed new Industrial Users shall file a report at least ninety (90) days before connecting to the treatment works. Existing Industrial Users shall file a completed report as required by the Control Authority within ninety (90) days after notification. Existing Users who propose to modify their processes and/or wastewater characteristics shall file a report at least ninety (90) days before modification. The Baseline Monitoring Report form provided by the Control Authority shall require the User to report the following:
(1) Name, address and location of the Industrial User;
(2) Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Federal Bureau of the Budget, 1972, as amended;
(3) Each product produced by type, amount, process or processes and rate of production;
(4) Type and amount, average and maximum per day, of raw materials utilized;
(5) 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;
(6) Description of activities, facilities and plant processes on the premises including all materials, which are or may be discharged to the treatment works, and the quantity of materials containing prohibited or toxic substances stored or handled on the premises;
(7) Time and duration of discharges;
(8) Measurements, or verifiable estimates of average, daily and instantaneous peak wastewater flow rates, in gallons per day, including any daily, monthly and seasonal variations;
(9) Nature and concentration of any pollutants or substances in the discharge, as follows:
A. Existing Industrial Users shall provide a disclosure of wastewater constituents and characteristics including, without limitation, materials with specific limits defined in Section 930.05, and the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR 403.12(p).
B. Existing Industrial Users who propose to modify their processes and/or wastewater characteristics or new Industrial Users shall provide at least ninety (90) days prior to actual discharge an estimate of their wastewater constituents and characteristics including, but not limited to, materials identified in Section 930.05, and the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR 403.12(p).
C. Existing Industrial Users who propose to modify their processes and/or wastewater characteristics or new Industrial Users shall provide a disclosure of wastewater constituents and characteristics as defined in paragraph (a)(9)A above, within ninety (90) days after the discharge is introduced into the City's treatment works.
(10) Certification statement regarding whether compliance with this chapter is being achieved on a consistent basis, and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required;
(11) Any other information or data concerning the Industrial User's operations and/or wastewater that may affect the treatment works and/or the City's ability to meet its NPDES Permit;
(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 Control Authority, a qualified engineer;
(13) Demonstration of compliance with Best Management Practices (BMPs) when required by the Control Authority;
(14) A list of all environmental control permits held by or for the facility.
The Control Authority shall evaluate the complete report and data furnished by the Industrial User and may require additional information. After full evaluation and acceptance of the data furnished, the Control Authority shall notify the Industrial User of such acceptance.
(b) Compliance Time Schedule.
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the Industrial User shall submit a reasonable schedule by which the additional pretreatment and/or implementation of additional operation and maintenance activities will be provided. The Compliance Time Schedule (CTS) shall be subject to the approval of the Director but shall not exceed two (2) years for City standards except for unusual circumstances. Any CTS related to a Categorical Pretreatment Standard shall not exceed the time limit provided in the regulation. The Industrial User shall provide the following information:
(1) Increment of progress dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Industrial User to comply with the requirements of this chapter, 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 chapter except that:
A. The Director shall not permit a time increment for any single increment of progress date to exceed nine (9) months; and
B. The Industrial User shall submit no later than fourteen (14) days following each increment of progress date in the schedule and the final date for compliance, a progress report to the Director, including a statement that the Industrial User complied with the increment of progress represented by the increment of progress date and, if not, the date on which the Industrial User expects to comply with the particular increment of progress, the reason for the failure to complete the increment on time, and the steps taken to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports.
(2) When additional pretreatment and/or operation and maintenance activities are placed in operation, the Industrial User shall disclose within ninety (90) days of startup the nature and concentrations of discharged substances limited or prohibited in this chapter together with the statement as provided in paragraph (a)(10) above indicating whether compliance is being achieved on a consistent basis.
(3) When the Director accepts the Industrial User's CTS for additional pretreatment or operation and maintenance, a violation of the CTS is a violation of this ordinance.
(c) Categorical Standard Compliance Reports.
(1) Initial Compliance Report. Within one hundred and eighty (180) days following the effective date of a categorical standard, any affected Industrial User shall submit to the Director a Baseline Monitoring Report containing the information as described in Section 930.13 (a). If the Industrial User has previously submitted a report, then the report shall be amended to include the additional information required in paragraphs (a)(9) and (10) above.
(2) Compliance Date Report. Within ninety (90) days following the compliance date in a categorical standard, all affected Industrial Users shall submit to the Director a compliance statement as described in paragraph (a)(10) above indicating whether the Pretreatment Standards and Requirements are being met on a consistent basis. If an Industrial User does not comply with applicable categorical standards and requirements, a Compliance Time Schedule shall be negotiated in accordance with Section 930.13 (b).
(3) Periodic Compliance Report. Any Industrial User subject to a categorical standard shall submit to the Director periodic compliance reports during the month of June and December. The reports shall contain the results of the sampling analysis of the discharge, which are required by the categorical standard, any other information necessary to determine compliance with categorical standards and the certification statement required by Section 930.18(a) of this chapter. A certification statement demonstrating compliance with Best Management Practices, when required by the Control Authority, shall also be included.
The Director may authorize the submission of periodic compliance reports in months other than those specified above.
(d) Toledo Standard Compliance Reports.
The Director may require Industrial Users to monitor their discharges and submit Periodic Compliance Reports to demonstrate compliance with Toledo standards defined in Section 930.05(c). The Director shall notify the Industrial Users in writing of the reasons and detailed requirements for monitoring. The reports shall contain the results of the sampling analysis of the discharge for Local Limits and the certification statement required by Section 930.18(a) of this chapter. A certification statement demonstrating compliance with Best Management Practices, when required by the Control Authority, shall also be included. If any Industrial User does not comply with the Director's request, the City may monitor the discharge and recover its costs, in accordance with Section 930.17.
(e) State and Other Governmental Reporting Requirements.
Industrial Users shall meet all state or other reporting requirements legally adopted by other political subdivisions which discharge into the City's treatment works.
(f) Accidental Release and Operating Upset Reports.
(1) Upon an accidental release or operating upset resulting in a prohibited discharge, a slug load and/or a discharge in excess of the limitations in Section 930.05 into the City's treatment works and/or any watercourse or storm sewer within the City's boundary, Industrial Users shall immediately notify the Director 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.
(2) Within five (5) working days following any such accidental discharge or operating upset, the Industrial User shall submit to the Director 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.
(3) Users 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.
(4) A documented and verified bona fide operating upset may be an affirmative defense to an enforcement action brought by the Director against an Industrial User for any noncompliance which arises out of violation alleged to have occurred during the period of upset; however, it does not absolve the User 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 User 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.
(g) [Repealed]
(h) Additional Reporting Requirements.
If any Industrial User subject to the reporting requirements in paragraphs (c)(3), (d) and (e) above monitors any pollutant more frequently than required by the City using procedures specified in Section 930.17, the results of this monitoring shall be included with any compliance reports required by the Director. In addition, if sampling performed by an Industrial User indicates a violation, the User shall notify the Director within twenty-four (24) hours of becoming aware of the violation. If a notice of violation is issued to the User, the User shall reply to the Director in writing within ten (10) days of receipt of the notice of violation. The User shall also repeat the sampling and analysis and submit the results to the Director within thirty (30) days after becoming aware of the violation.
(i) Changed Conditions Reports.
All Industrial Users shall notify the Control Authority thirty (30) days in advance of any substantial changes in potential for slug discharge or volume or character of pollutants in their discharge including, but not limited to, the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR 403.12(p).
(Ord. 210-12. Passed 5-8-12.)
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