Loading...
(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.)
(a) Wastewater Analysis.
When requested by the Control Authority, a User must submit information on the nature and characteristics of its wastewater within forty-five (45) days of the request. The Control Authority is authorized to prepare a form for this purpose and may periodically require Users to update this information.
(b) Permit Requirements.
(1) No Significant Industrial User shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit, or Discharge Orders, from the Control Authority except that a Significant Industrial User that has filed a timely application pursuant to Section 930.13(a) may continue to discharge for the time period specified therein.
(2) The Control Authority may require other Users to obtain an individual wastewater discharge permit as necessary to carry out the purposes of this chapter.
(3) Any violation of the terms and conditions of the Discharge Orders shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 930.15. Obtaining Discharge Orders does not relieve a permittee of its obligation to comply with all federal and state Pretreatment Standards or Requirements or with any other requirements of federal, state, and local law.
(c) Existing Connections.
Any User required to obtain an individual wastewater discharge permit that was discharging wastewater into the POTW prior to the effective date of this ordinance and that wishes to continue such discharges in the future, shall, within thirty (30) days after Control Authority notification, apply for an individual wastewater discharge permit and shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this ordinance except in accordance with the Discharge Orders issued by the Control Authority.
(d) New Connections.
Any User required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain Discharge Orders prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence.
(e) Application Signatories and Certifications.
(1) All wastewater discharge permit applications, User reports and certification statements must be signed by an authorized representative of the User and contain the certification statement in Section 930.18(a).
(2) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.
(f) Application Evaluation and Decision.
The Control Authority will evaluate the data furnished by the User and may require additional information. Within ten (10) days of receipt of a complete Baseline Monitoring Report (BMR), the Control Authority will determine whether to issue Discharge Orders. The Control Authority may deny any application for an individual wastewater discharge permit.
(g) Permit Duration.
Discharge Orders shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. Discharge Orders may be issued for a period less than five (5) years, at the discretion of the Control Authority. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
(h) [Repealed]
(i) Permit Contents.
An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Control Authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. The contents of the Discharge Orders shall include:
(1) Facility Information
A. Company name
B. Mailing address
C. Facility address
D. Primary SIC Code
E. Classification
F. Major process generating wastewater
G. Applicable categorical regulation
(2) Discharge Standards
A. Prohibited discharges
(3) Self-Monitoring Requirements
A. Local discharge standards
B. Categorical standards
C. Reporting requirements
(4) Control Authority Monitoring Requirements
A. Local discharge standards
B. Categorical standards
(5) Standard Conditions
A. General prohibitions
B. Inspections
C. Monitoring facilities
D. Environmental control permits
E. Records retention
F. Confidential information
G. Falsifying information or tampering with monitoring equipment
H. Changes in discharge, spills and operating upsets
I. Proper disposal of pretreatment sludges and spent chemicals
J. Signatory requirements
K. Additional reporting requirements
L. Permit modification
M. General penalty
(6) Special Conditions
A. Sampling manholes
B. Flow measuring devices
C. pH monitoring devices
D. Accidental discharge/slug discharge control plan
E. Total Toxic Organic certification
F. Pollutant management plan
G. Best Management Practices
H. Authority request
(j) Permit Modification.
(1) The Control Authority may modify Discharge Orders for good cause, including, without limitation, the following reasons:
A. Any new or revised federal, state, or local Pretreatment Standards or Requirements;
B. Significant alterations or additions to the User's operation, processes, or wastewater volume or characteristics since the time of the individual wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the City's POTW, personnel, or the receiving waters;
E. Violation of any terms or conditions of the individual wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the BMR, or wastewater discharge permit application, or in any required reporting;
G. Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR 403.13;
H. Typographical or other errors that require correction in the individual wastewater discharge permit; or
I. A transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 930.14(k).
(k) Permit Transfer.
Discharge Orders may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Control Authority and the Control Authority approves the transfer. The notice to the Control Authority must include a written certification by the new owner or operator that:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
(l) Permit Revocation
The Control Authority may revoke Discharge Orders for good cause including, but not limited to, the following reasons:
(1) Failure to notify the Control Authority of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to Control Authority of changed conditions pursuant to this chapter;
(3) Failure to complete a BMR, or wastewater discharge permit application;
(4) Misrepresentation or failure to fully disclose all relevant facts in the BMR;
(5) Falsifying self-monitoring reports and certification statements;
(6) Tampering with monitoring equipment;
(7) Refusing to allow the Control Authority timely access to the facility premises and records;
(8) Failure to meet effluent limitations;
(9) Failure to pay fines;
(10) Failure to pay sewer charges;
(11) Failure to meet Compliance Time Schedules;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement or any terms of the wastewater discharge permit or this chapter.
Discharge Orders shall be voidable upon cessation of operations or transfer of business ownership. All Discharge Orders issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.
(m) Permit Reissuance.
A User with expiring Discharge Orders shall apply for individual wastewater discharge permit reissuance by submitting a complete BMR, in accordance with Section 930.13(a) of this chapter, a minimum of thirty days prior to the expiration of the User's existing Discharge Orders.
(Ord. 210-12. Passed 5-8-12.)
(a) Administrative Remedies - General.
The City may suspend wastewater treatment services to any User when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes or may cause interference to the POTW, or causes or may cause the City to violate any condition of its NPDES Permit.
(b) Notification of Violation.
When the Control Authority finds that a User has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, an order issued hereunder, or any other Pretreatment Standard or Requirement, the Control Authority may serve upon that User a written Notice of Violation (NOV). Within ten (10) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Control Authority. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Control Authority to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
(c) Findings and Orders.
The Control Authority may enter into Findings and Orders (F & O's), assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific actions to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to paragraphs (d) and (e) of this Section and shall be judicially enforceable.
(d) Compliance Orders.
When the Control Authority finds that a User has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, an order issued hereunder, or any other Pretreatment Standard or Requirement, the Control Authority may issue Compliance Orders, including a Compliance Time Schedule, to the User directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance Orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A Compliance Order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a Compliance Order relieve the User of liability for any violation, including any continuing violation. Issuance of a Compliance Order shall not be a bar against, or a prerequisite for, taking any other action against the User.
(e) Cease and Desist Orders.
When the Control Authority finds that a User has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, an order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User's past violations are likely to recur, the Control Authority may issue an order to the User directing it to cease and desist all such violations and directing the User to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.
(f) Annual Publication.
At least annually, the City shall publish in the largest daily newspaper published in the City a list of all Industrial Users, which at any time during the previous twelve (12) months were in significant noncompliance with applicable Pretreatment Standards or Requirements. For the purposes of this provision, an Industrial User is in Significant Noncompliance (SNC) if its violations meet one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed, by any magnitude, the instantaneous limit, the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the instantaneous limit, the daily maximum limit or the average limits multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (instantaneous limit, daily maximum or longer term average) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule increment of progress contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within forty-five (45) days after the due date, required reports such as Baseline Monitoring Reports, Compliance Date Reports, Periodic Compliance Reports and reports on compliance with Compliance Time Schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations, which the Director determines, will or has adversely affected the operation or implementation of the City's pretreatment program including, but not limited to, the violation of required Best Management Practices.
(g) [Repealed]
(h) Penalty Assessment.
The amount of a penalty to be included in the Findings and Orders shall be determined in accordance with the factors outlined in Section 930.21(e)(1)-(5) and the guidance provided by the Enforcement Response Plan in paragraph (i) below. The factors may augment or mitigate the penalty amount based on the existence and severity of the factor.
(i) Enforcement Guidance.
When the Control Authority finds that a User has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, an order issued hereunder, or any other Pretreatment Standard or Requirement, the Control Authority may fine such User. Penalties, as outlined in the Enforcement Response Plan below, shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.
INCIDENCE OF NONCOMPLIANCE | CIRCUMSTANCES | RANGE OF RESPONSE | RANGE OF PENALTIES |
INCIDENCE OF NONCOMPLIANCE | CIRCUMSTANCES | RANGE OF RESPONSE | RANGE OF PENALTIES |
Failure to sample, monitor, or report as required by the Control Authority | Isolated / infrequent incident. | Phone call & NOV requiring a written response in ten (10) working days; IU placed in SNC. | $500 Fine |
IU fails to adequately respond to phone call and NOV, or repeat violation. | IU placed in SNC; Compliance Meeting; F&O's - including penalty; Criminal Investigation. | Up to $1,000 Fine | |
Multiple violations & recalcitrance. | Possible Termination of Service. | Up to $5,000 Fine | |
Failure to notify the Control Authority in case of: Effluent Limit Violation | Isolated / infrequent incident. | Phone call & NOV requiring a written response in ten (10) working days; F&O's - possibly including penalty; IU placed in SNC. | $500 Fine |
IU fails to adequately respond to phone call and NOV, or repeat violation. | IU placed in SNC; Compliance Meeting; F&O's - including penalty; Criminal Investigation. | Up to $1,000 Fine | |
Multiple violations. | Possible Termination of Service. | $5,000 Fine | |
Exceeding discharge limit(s) for regulated pollutant(s) | Isolated; Easily correctable. | Phone call & NOV requiring a written response in ten (10) working days; Resample. | Up to $500 Fine F&O's and $500 is required for first pH violation* |
Repeat violations; Easily correctable. | Phone call & NOV requiring a written response in ten (10) working days; Resample; Compliance Meeting; F&O's - including penalty; IU placed in SNC, if applicable. | Up to $1,000 Fine $1,000 is required for second pH violation (the fines double with each repeat violation)* | |
Repeat violations; Significant time and expenditures needed to correct problem. | F&O's - including penalty; Resample; Compliance Time Schedule. | $1,000 up to $5,000 Fine $2,000 is required for third pH violation (the fines double with each repeat violation)* | |
Reporting false information to Control Authority Tampering with monitoring equipment | Any instance. | F&O's - including penalty; Criminal Investigation; Possible Termination of Service. | $5,000 Fine |
GREASE PLUG Grease discharge causes sewer plug or flow obstruction | Any incidence. | NOV requiring a written response within ten (10) working days; Compliance Meeting; F&O's - including penalty; Cost recovery for sewer cleaning; Possible Termination of Service. | Up to $5,000 |
INCIDENCE OF NONCOMPLIANCE | CIRCUMSTANCES | RANGE OF RESPONSE | RANGE OF PENALTIES |
SLUG DISCHARGES Slug Load | Reported & isolated; Immediately corrected; No evidence of intent or negligence; No known damage to POTW or environment. | NOV requiring a written response within 10 working days; Compliance Meeting. | Up to $5,000 |
Unreported; Repeat violation; Evidence of intent or negligence; Known damage or interference to POTW or environment, including pass through; Violation to POTW's NPDES Permit. | NOV requiring a written response within ten (10) working days; IU placed in SNC; Compliance Meeting; F&O's - including penalty and damage recovery; Criminal charges; Possible Termination of Service. | $5,000 and penalty of $27,500 per day, per violation for POTW's NPDES permit. | |
Compliance Time Schedule (CTS) Unable to reach compliance during and/or unable to attain compliance after expiration of CTS. | IU provides evidence that extraordinary, uncontrollable circumstances are delaying compliance but will not affect final compliance date. | Compliance Meeting; NOV requiring written response within ten (10) working days; POTW may grant extension of CTS. | Up to $500 |
IU negligent in completion of CTS progress reports; IU unable to attain compliance after expiration of CTS. | F&Os- including penalty; Possible Termination of Service. | $500 - $5,000 $100 penalty per day for late progress reports. | |
* Amount assessed will double for recurring violation within the same twelve (12)-month, rolling period. | |||
(Ord. 210-12. Passed 5-8-12.)
(a) All Industrial Users which discharge industrial wastes or toxic pollutants into the public sewer shall, when required by the Control Authority, provide, operate and maintain at their own expense monitoring facilities such as control manholes at each discharge point to the sanitary sewer to allow inspection, sampling, and flow measurement of each sewer discharge to the POTW. These facilities shall be constructed at locations and in accordance with plans and specifications approved by the Director prior to the beginning of construction.
(b) Each monitoring facility shall be situated on the User's premises, except where such a location would be impractical or cause undue hardship to the User. The Director may concur with the facility being constructed in the Public Street or sidewalk area if the facility is located so that landscaping or parked vehicles will not obstruct it. There shall be ample room in and near such sampling facility to allow accurate sampling and preparation of sampling for analysis.
(c) If sampling or measuring devices are to be permanently installed, they shall be of a type acceptable to the Control Authority and approved prior to installation.
(d) The monitoring facility, sampling and measuring equipment, shall be maintained at all times in a safe and proper operating condition at the expense of the Industrial User.
(Ord. 210-12. Passed 5-8-12.)
Loading...