(a) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, subsurface drainage, uncontaminated cooling water or unpolluted industrial process water to any sanitary sewer.
(b) Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the inspector. Industrial cooling water or unpolluted process water may be discharged, on approval of the inspector and upon the issuance of a NPDES permit, to a storm sewer or natural outlet.
(c) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive material or volatile liquid;
(2) Any waters or wastes containing toxic or poisonous pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, create any hazard or toxic effect in the receiving waters of the sewage treatment plant or exceed the limitations set forth in the categorical pretreatment standards of the Act. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307 (a) of the Act.
(3) Any waters or wastes having a pH lower than 6.0 S.U. (Standard Units) or greater than 9.0 S.U., unless otherwise permitted by the City, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
(4) Solid or viscous substances in such quantities or of such size as are capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. Such substances include, but are not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. Also included are any materials which, by reason of mixture or interaction, tend to cause obstruction or otherwise interfere with the operation of the sewage works.
(5) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or sixty degrees Centigrade using the test method specified in 40 CFR 261.21;
(6) Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(d) No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely that such wastes can harm either the sewers, sewage treatment processes or equipment, have an adverse effect on the receiving stream, otherwise endanger life, limb or public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, consideration will be given to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, the nature of the sewage treatment process, the capacity of the sewage treatment plant, the degree of treatability of wastes in the sewage treatment plant and other pertinent factors. Prohibited substances include:
(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (sixty-five degrees Centigrade), but in no case heat in amounts which will inhibit biological activity in the POTW, thus resulting in interference, or heat in such quantities that the temperature at the POTW treatment plant exceeds 104 degrees Fahrenheit (forty degrees Centigrade).
(2) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l, unless otherwise permitted by the City, or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Centigrade). Discharges of petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin are prohibited if discharged in amounts that can pass through or cause interference;
(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the City.
(4) Any waters or wastes containing acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not, without prior approval by the City;
(5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement to such a degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City for such materials;
(6) Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters;
(7) Any radioactive wastes or isotopes of such a half-life or concentration as may exceed established limits in compliance with applicable State or Federal regulations;
(8) Materials which exert or cause:
A. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);
B. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);
C. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; or
D. Unusual volumes of flow or concentration of wastes constituting slugs;
(9) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or which are amenable to treatment only to such a degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; or
(10) Any wastewater that causes the receiving plant to violate the conditions of its NPDES permit.
(e) If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters or wastes contain the substances or possess the characteristics enumerated in this section, and which waters or wastes may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or otherwise create a hazard to life or constitute a public nuisance, the City may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under Section 1044.06.
If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City and to the requirements of all applicable codes, ordinances and laws.
(f) Grease, oil and sand interceptors shall be provided when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients. However, such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the County/City and shall be located as to be readily and easily accessible for cleaning and inspection.
(g) Where preliminary treatment or flow-equalizing facilities are provided for waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
(h) When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such meters and other appurtenances in the building sewer as are necessary to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
(i) All measurements, tests and analyses of the characteristics of waters and wages to which reference is made in this chapter shall be determined in accordance with 40 CFR, Part 136, and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
(1) Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(2) 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 POTW. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. 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 City as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
(3) Samples for oil and grease, temperatures, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(4) For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four 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 POTW may authorize a lower minimum. For these reports, the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
(j) No statement contained in this section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment of a surcharge based on the strength and character of the waste, provided that such payment is in accordance with Federal and State guidelines for user charge systems and industrial cost recovery systems. No agreement shall be made which violates any State or Federal standard or requirements, including categorical pretreatment standards.
(k) The City may reject any industrial waste which may not be compatible with the treatment process or the sewage works. Further, the City may require pretreatment of industrial wastes if deemed necessary, and may impose a surcharge commensurate with any added difficulty or added direct cost associated with an industrial waste.
(l) No industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. This subsection shall not prohibit the use of equalization tanks utilized to regulate flows.
(m) National categorical pretreatment standards, as promulgated by the United States Environmental Protection Agency (USEPA) pursuant to the Act, shall be met by all industrial users who or which are subject to such standards.
(n) State requirements and limitations on discharges to the POTW shall be met by all dischargers who or which are subject to those standards in any instance in which such standards are more stringent than Federal requirements and limitations, the requirements of this chapter or the requirements of any other applicable ordinance.
(o) No discharger shall discharge or cause to be discharged into the sewer water any pollutants in concentrations above those specifically permitted in a wastewater discharge permit issued by the City. Discharge permits shall impose maximum discharge concentration limits or mass-based limits where appropriate and except as allowed in 1044.05(o)(1) through (8) below. In the absence of such specific wastewater discharge permit conditions, no person shall discharge wastewater containing pollutants in excess of the limits specified in the subdistrict's approved and amended pretreatment program for the North Regional Wastewater Treatment Plant. A list of such limitations shall be provided by the City, upon request.
(1) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the POTW may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.
(2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the POTW shall impose an alternate limit in accordance with 40 C.F.R. 403.6(e).
(3) A categorical industrial user may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following paragraphs of this section.
A. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the Industrial User's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the POTW. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (meaning, adjusted to reflect credit for pollutants in the intake water) if the following requirements are met.
1. Either the applicable categorical pretreatment standards contained in 40 C.F.R. subchapter N specifically provide that they shall be applied on a net basis or the industrial user demonstrates that the control system it proposes or used to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake water.
2. Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.
3. Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this section.
4. Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water into which the POTW discharges. The POTW may waive this requirement if it finds that no environmental degradation will result.
(4) When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the POTW convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the POTW. The POTW may establish equivalent mass limits only if the industrial user meets all the conditions set forth in Section 1044.05(o)(4)A. through E.
A. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;
B. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;
C. Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
D. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limts are not appropriate to control the discharge; and
E. Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.
F. An industrial user subject to equivalent mass limits must:
1. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
2. Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;
3. Continue to record the facility's production rates and notify the POTW whenever production rates are expected to vary by more than 20% from its baseline production rates.
4. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to those in division (o)(4)A. of this section so long as it discharges under an equivalent mass limit.
G. When developing equivalent mass limits, the POTW:
1. Will calculate the equivalent mass limits by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;
2. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
3. May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limits were not based on the use of dilution as a substitute for treatment. The industrial user must also be in compliance with Section 1044.13(f) regarding the prohibition of bypass.
(5) The POTW may convert the mass limits of the categorical pretreatment standards of 40 C.F.R. Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the POTW.
(6) Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
(7) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
(8) Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the POTW within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the POTW of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.
(p) Non-Significant Categorical User. The POTW may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant categorical industrial user on a finding that the industrial user never discharges more than 100 gallons per day (GPD) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blow down wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(1) The industrial user, prior to the POTW's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(2) The industrial user annually submits the required certification statement together with any additional information necessary to support the certification statement; and
(3) The industrial user never discharges any untreated concentrated wastewater.
(4) If the IU is located upstream of a combined or sanitary sewer overflow the following additional requirements must be met of the application of this classification:
A. The IU cannot discharge wastewater that is regulated by categorical pretreatment standards or;
B. Must not have been in significant noncompliance at any time in the past two years.
C. Procedures for categorization of an IU as a non-significant categorical industrial user and the issues related to combined sewer overflows must be addressed through either the long term control plan, approved combined system operation plan implementing the nine minimum controls, or the program modification request.
(5) The POTW must evaluate and document, at least once per year, whether the industrial user continues to meet the requirements for the classification.
(6) Upon a finding that a user meeting the criteria in Section 1044.05(p)(1) through (4) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 C.F.R. 403.8(f)(6), determine that such user should not be considered a significant industrial user.
(q) Mid-Tier Categorical Industrial Users. A categorical industrial user may be considered a mid-tier categorical industrial user.
(1) This classification requires that the IU does not discharge total categorical wastewater that exceeds:
A. Zero point zero one percent (0.01%) of the design dry weather hydraulic capacity of the POTW;
B. Five thousand gallons per day of total categorical wastewater;
C. Zero point zero one percent (0.01%) of the design dry weather organic treatment capacity of the POTW; and
D. Zero point zero percent (0.01%) of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standards for which a local limit has been developed.
(2) The IU's flow must be measured by a continuous effluent flow monitoring device unless the IU discharges in batches.
(3) The IU must not have been in significant noncompliance for any time in the past two years.
(4) The daily flow rates, production levels, or pollutant levels of the IU cannot vary so significantly that decreasing the reporting requirement would result in data that are not representative of conditions occurring during the reporting period.
(5) If the IU is located upstream of a combined or sanitary sewer overflow, procedures for categorization of an IU as a mid-tier categorical industrial user and the issues related to combined and sanitary sewer overflows must be addressed through either:
A. The long-term control plan;
B. Approved combined sewer system operation plan implementing the nine minimum controls; or
C. The program modification request.
(6) Any IU classified as a mid-tier categorical industrial user will be required to be inspected and the effluent randomly sampled and analyzed by the POTW at least once every two years. If the IU no longer meets the criteria for being classified as a mid-tier categorical industrial user the POTW must immediately begin inspecting the IU and monitoring the effluent at the frequency set by the POTW's pretreatment program.
(7) As a mid-tier categorical industrial user the control authority may reduce the IU's reporting frequency to no less than once a year unless required more frequently by the categorical pretreatment standard or the Director of the Ohio EPA.
(8) If the IU no longer meets the criteria for being classified as a mid-tier categorical industrial user the IU must immediately begin monitoring the effluent and complying with the minimum reporting requirements at the frequency set by the POTW's pretreatment program.
(r) Monitoring Waivers. The POTW may authorize, at its discretion, an industrial user subject to a categorical pretreatment standard, except for centralized waste treatment facilities regulated by and defined in 40 C.F.R. 437, to forego sampling of a pollutant regulated by a categorical pretreatment standard.
(1) Monitoring waivers do not apply to pollutants where certifications processes and requirements are established by the POTW or by categorical pretreatment standards (e.g. a Total Organics Management Plan's certification alternative to sampling) unless allowed for by the applicable categorical pretreatment standard.
(2) If a waived pollutant is found to be present or is expected to be present based on changes that occur in the IU's operations, the user shall be required to immediately notify the POTW in writing and start monitoring the pollutant at the frequency specified in the POTW's pretreatment program.
(3) The monitoring waiver applies only to IU self-monitoring and does not remove the POTW's obligations for IU monitoring for that parameter; however, the waiver can be extended to POTW monitoring done to satisfy IU self-monitoring.
(4) In making its request for a pollutant monitoring exemption, the industrial user must demonstrate through sampling an 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 industrial user must provide data from at least one sampling of the facility's process wastewater prior to treatment present at the facility that is representative wastewater from all processes. Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the USEPA approved analytical method form 40 C.F.R. 136 with the lowest method detection limit for that pollutant was used.
(5) Waivers are valid only for the duration of the effective period of the IU's control mechanism and, in no case, longer than five years. The IU must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
(6) The request for a monitoring waiver shall be signed by an authorized representative of the industrial user in accordance with paragraph (F) of O.A.C. rule 3745-3-06, and it must include the certification statement in 40 C.F.R. 403.6(a)(2)(ii).
(7) The POTW shall include any monitoring waiver as a condition in the industrial user's control mechanism. The supporting reason(s) for a monitoring waiver and the information submitted by the user in its request shall be maintained in the industrial user's file by the POTW for three years after expiration of the waiver.
(8) Upon approval of the monitoring waiver and revision of the IU's control mechanism by the POTW, the IU shall certify on each self-monitoring report with the following statement: "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 C.F.R. [specific national pretreatment standard part], I certify that, to the best of my knowledge and belief, there has been no increased in the level of [listed pollutant] in the wastewaters due to the activities at the facility since the submittal of the last periodic report under paragraph (E) of rule 3745-3-06 of the Ohio Administrative Code."
(s) If a violation is detected through sampling and analysis conducted by the POTW in lieu of the industrial user, the control authority shall perform the repeat sampling and analysis within 30 days of becoming aware of the violation unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
(Ord. 86-08. Passed 5-19-86; Ord. 89-24. Passed 1-2-90; Ord. 91-07. Passed 3-18-91; Ord. 91-08. Passed 3-18-91; Ord. 92-19. Passed 9-21-92; Ord. 07-19. Passed 11-19-07; Ord. 09-07. Passed 5-4-09.)