All requirements of this chapter shall be fulfilled by dischargers of industrial wastes.
(a) Quality or Quantity Change. All IUs shall promptly notify the POTW at least thirty days in advance of any significant change in the quantity or quality of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the IU has submitted initial notification under 40 CFR 403.12(p).
(b) An IU shall provide such facilities as may be necessary to reduce or modify the objectionable characteristics or constituents of such industrial wastes to meet the requirements set forth in this chapter and all terms and conditions contained in the IU's discharge permit. (Ord. 24-2009. Passed 9-8-09.)
(c) Approval of Pretreatment Facilities. Plans, specifications and any other pertinent information relating to such treatment or control facilities shall be submitted for the approval of the City and no construction of such facilities shall be commenced until said approval is obtained in writing. Approval of proposed facilities or equipment by the City does not in any way guarantee that these facilities or equipment will function in the manner described by their constructor or manufacturer, nor shall it relieve a person of the responsibility of enlarging or otherwise modifying such facilities to comply with this chapter or its revisions. An IU shall have an approved permit-to-install from the Ohio EPA in their possession prior to the construction and operation of new or modified wastewater collection, conveyance, storage, treatment or disposal facilities. This includes facilities that handle sewage or industrial sludge and non-discharging facilities, such as holding tanks.
(Ord. 50-2016. Passed 10-17-16.)
(d) Discharge Permits. Any IU or any new discharger prior to connecting to the sewer shall provide the City with sufficient information to determine if that user is a Major Industrial User, and shall be required to obtain an IU discharge permit. A discharge permit shall be valid for no more than five years. If process changes are made that, in the opinion of the Director, alter the wastewater constituents and characteristics significantly, a new application shall be filed accordingly. Each permit shall be renewed by new application prior to the permit's expiration. IU Discharge Permit applications are available from the City Engineering Department. The reapplication for renewal will be subject to fees set in Section 915.09. Nothing in a permit shall constitute an exception to the prohibitions and limitations on wastewater admissibility as set forth herein. Contributors are subject to all applicable fees, rates, and charges set forth in this chapter. In support of the application, the IU shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location, if different from the address of the owner;
(2) SIC number according to the latest edition of the Standard Industrial Classification Manual;
(3) Wastewater constituents and characteristics including but not limited to those contained in this chapter as determined by a competent analytical laboratory following approved methods;
(4) Time and duration of discharge;
(5) Average daily wastewater flow rates, including daily, monthly and seasonal variations if any, in gallons per day. All flows shall be measured by verifiable techniques unless cost and feasibility prevent such measurement; wherein, other techniques may be used if approved by the Director.
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, outfalls, storm sewers, sewer connections, inspection and control manholes, and appurtenances by the size, location and elevation;
(7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the IU to meet applicable Pretreatment Standards;
(9) If additional pretreatment and/or O&M will be required to meet the more stringent of City, State or Federal Pretreatment Standards; the shortest schedule by which the IU will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard;
(10) Each product produced by type, amount, process or processes and rate of production;
(11) Type and amount of raw materials processed (average and maximum per day);
(12) Number of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system and discharge to POTW;
(13) Description of slug and accidental discharge control plan;
(14) Any other information as may be deemed necessary by the Director to evaluate the permit application;
(15) The permit application shall be signed by an authorized representative of the IU.
The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue an IU Discharge Permit subject to terms and conditions provided herein. A discharge permit may be issued to users which are not classified as significant, informing them of general prohibitive standards, limitations, accidental spill notification requirements, residue disposal requirements, and potential for being sampled by the City, and other requirements.
(e) Permit Modifications. The City reserves the right to amend any IU Wastewater Discharge Permit issued hereunder in order to assure compliance by the City with applicable laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the Discharge Permit of IUs subject to such standards shall be revised to require compliance within the time frame prescribed by such standard. Where a user, subject to a Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit, the user shall apply for a Permit within 180 days after the promulgation of the applicable categorical pretreatment standard. All categorical pretreatment standards adopted after the promulgation of this section shall become part of this chapter. The user shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of change. Any changes or new condition in the permit shall include a reasonable time schedule for compliance.
(f) Permit Conditions. IU Discharge Permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:
(1) Statement of the permit's duration and transferability;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(4) Requirements for installation and maintenance of inspection and sampling facilities; flow measuring, recording, sampling equipment; size of manhole openings, depths, or other measurements.
(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule;
(6) Compliance schedules and compliance schedule reports;
(7) Requirements for submission of technical reports or discharge reports;
(8) Requirements for maintaining and retaining records relating to wastewater discharge as specified by the City, and affording City access thereto;
(9) Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(10) Requirements for notification of slug and accidental discharges;
(11) Other conditions as deemed appropriate by the City to ensure compliance with this chapter including civil and criminal penalties;
(12) Requirements for the IU to prepare and submit an accidental spill prevention plan as well as for reporting of spills of prohibited materials.
(13) Requirements for the IU to implement BMP’s when indicated;
The terms and conditions of the permit may be subject to modification by the City during the term of the permit.
(g) Permit Transfer. Wastewater Discharge Permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation.
(h) Reporting Requirements for Permittee.
(1) Compliance schedule reports. IUs which are not in compliance with this chapter must develop a compliance schedule which will allow the IU to come into compliance with this chapter. The schedule should contain increments of progress (hiring engineers, starting construction) which correspond to specific dates for their completion. These represent major events leading to the operation of pretreatment facilities to comply with this chapter. All IUs subject to these conditions must submit a progress report to the City no later than fourteen days following each date in the compliance schedule. This report shall state whether the IU complied with the increment of progress to be met on that date, the reason for delay if the date was not met, and the steps being taken to return to compliance. In no event can more than nine months elapse between progress reports. Compliance schedules shall be developed in accordance with 40 CFR 403.12(b).
(2) Self monitoring report. All SIUs may be required to conduct self- monitoring and submit self-monitoring reports to the City to assess and assure compliance with applicable pretreatment standards and requirements as specified in each user’s discharge permit. The SIU may be granted a monitoring waiver if it can demonstrate through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. The SIU has the option to request that Troy perform all required self monitoring in lieu of the SIU. Sampling for all periodic reports must be performed during the time period covered by the report.
(3) Baseline monitoring report. At least ninety days prior to commencement of discharge, new sources and sources that become IUs subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Director a Baseline Monitoring Report, containing the information required in 40 CFR 403.12(B)(1)-(5), and a permit application in accordance with subsection (e) hereof.
(4) Compliance report. Within ninety days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director a report containing the information listed in 40 CFR 403.12. For IUs subject to equivalent mass or concentration limits established by the Director, this report shall contain a reasonable measure of the user's long term production rate. For all other IUs subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, the report shall include the user's actual production during the appropriate sampling period. The report shall state whether the applicable Pretreatment Requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the IU into compliance with the applicable Pretreatment Requirements. This statement shall be signed by an authorized representative of the Industrial User.
(5) Reporting, sampling and analyses.
A. Reports of IU’s shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration, or production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the IU’s discharge permit. Where the Director has imposed compliance with a Best Management Practice or pollution prevention alternative, the IU shall submit documentation as required to determine compliance with the IU’s discharge permit. Where the Director has allowed a monitoring waiver for a specific parameter, the IU shall submit a certification statement with each report indicating that there has been no increase in the levels of that parameter due to the activities of the IU. Where the Director has imposed mass limitations on IU’s as provided for by Section 915.05(u), the report shall indicate the mass of pollutants regulated. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto and with any other test procedures approved by the Administrator. Where the IU has been classified as a Non-Significant Categorical Industrial User the IU must submit an annual certification statement, with appropriate justification, that indicates the facility:
1. Meets the requirements of a Non-Significant Categorical Industrial User;
2. Is meeting all pretreatment standards and requirements; and
3. Did not discharge more than 100 gallons of total categorical wastewater on any day.
B. Notification of Violation and Resampling. If self monitoring performed by an IU indicates a violation, the IU shall notify the Director 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 Director within thirty days after becoming aware of the initial violation. If a violation is detected through sampling and analysis conducted by the POTW in lieu of the industrial user, the POTW shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the IU of the violation and requires the IU to perform the repeat sampling and analysis.
C. If an IU monitors any pollutant more frequently than required by the Director, using the procedures prescribed above, the results of that monitoring shall be included in the report.
D. Each major SIU shall comply with the hazardous waste notification requirement found at 40 CFR 403.12(p).
(i) (Reserved for future use.)
(j) Permit Fees. Permit fees for major contributors shall be established for an initial permit application and a permit reapplication as set forth in this chapter.
(k) Surveillance of SIUs. Surveillance of SIUs for the purposes of verifying industry self-monitoring information and compliance with this chapter will be done at such intervals as determined by the Director to be necessary to determine compliance with applicable pretreatment requirements and regulations.
(1) Monitoring of SIUs. An SIU shall install at its own expense suitable control manhole, together with such necessary appurtenances in or on each building lateral to facilitate observation, sampling and measurement of the wastewater, and such sampling devices as may be reasonably necessary, unless otherwise instructed by the Director. Such manholes and sampling and testing devices shall be provided and maintained to the Director's satisfaction at the expense of the user, but shall be under the control of the City. Monitoring equipment shall, unless otherwise and specified by the City, include a device for automatically measuring and recording flow and provisions for taking samples as required. There shall be ample room in or near the sampling facility to allow for safe access for the purpose of determining compliance with this chapter. The facilities shall be constructed and maintained in accordance with all applicable local construction codes and specifications.
(m) Laboratory Procedures and Analysis. Laboratory procedures used in the examination of industrial wastes shall be those set forth in 40 CFR 136. Alternative methods for certain analyses may be used subject to mutual agreement provided they meet USEPA requirements and subsection (i) above. The City shall charge to the user, the standard initial analyses of the user's wastes as well as other nonstandard tests as required by the user's specific process waste loading. All such analyses shall be binding in determining strength of wastes surcharges and other matters dependent upon the character and concentration of wastes.
(Ord. 24-2009. Passed 9-8-09.)
(n) Representative Sample. Compliance with this chapter shall be based on, in part, the analysis of a representative sample of an IU's wastewater discharge.
(1) Except as indicated in Section (2) and (3) below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the Director, 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 Director as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in TCO 915.07 (h) (3) (4), 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 Director may authorize a lower minimum. For the reports required by paragraph 915.07 (h) (2) and (5) A., the Industrial User is required to collect the number of grab and/or composite samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements.
(Ord. 6-2018. Passed 2-5-18.)
(o) Data Inspection and Review. All data collected pertaining to industrial wastes including records kept by each IU shall be subject to inspection and review by the City upon request.
(p) Confidential Information. Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other government 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 trade secrets or proprietary information. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential shall be made available to governmental agencies upon written request.
(q) Industrial Pretreatment Residues. Sludge from an industrial or commercial pretreatment system or liquid wastes and industrial sludges transported by waste haulers shall not be placed into the POTW. Such sludge and wastes shall be disposed of by a licensed hauler in a site approved by the OEPA in accordance with requirements of Section 402(b) and 405 of the Act and Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (RCRA, PL 94-580).
(r) Signatory Requirements for IU Reports. Any IU submitting a report required by Section 915.07 shall include the following certification statement as set forth in 40 CFR 403.6 (a)(2)(ii): "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 and 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 report shall be signed by an authorized representative, or duly authorized representative as noted in 40 CFR 403.12(1).
(Ord. 24-2009. Passed 9-8-09.)