(A) Major contributor permits.
(1) Any industrial user and any other user on demand of the Public Works Director shall within 90 days of notice provide the POTW with sufficient information to determine if that user be a major contributor, and shall be required to obtain a permit which describes the wastewater constituents and characteristics allowed and which sets forth the applicable surveillance schedule and the monitoring requirements the user shall be subject to in order to discharge into the POTW’s sewage system. A major contributor permit shall be valid for four years unless process changes are made that, in the opinion of the Public Works Director, alter the wastewater constituents and characteristics significantly. In the event of such a change, a new application shall be filed accordingly. A permit shall be renewed by new application at the end of four years. The reapplication for renewal will be subject to normal application fees in force at reapplication. Nothing in a major contributor permit shall constitute an exception to the prohibitions and limitations on wastewater admissibility as set forth herein. Major contributors are subject to all applicable fees, rates and charges set forth in this subchapter.
(2) In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address and location, (if different from the address);
(b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics including, but not limited to, those mentioned in § 54.097 of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Clean Water Act, being 33 U.S.C. § 1314 and contained in 40 C.F.R. part 136, as amended;
(d) Time and duration of contribution;
(e) Average daily and three-minute peak 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. In such case, other techniques may be used if approved by the Public Works Director.
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, outfalls, storm sewers, wastewater connections, inspection manholes, sampling chambers and appurtenances by the size, location and elevation;
(g) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any Town, 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 user to meet applicable pretreatment standards;
(i) If additional pretreatment and/or O&M will be required to meet the more stringent of Town, state or federal pretreatment standards; the shortest schedule by which the user 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. The following conditions shall apply to this schedule.
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like).
2. No increment referred to in division (A)(2)(i)1. above shall exceed nine months for any single step directed toward compliance.
3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Public Works Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Public Works Director.
(j) Each product produced by type, amount, process or processes and rate of production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(m) Description of accidental spill prevention control plan;
(n) Any other information as may be deemed by the POTW to be necessary to evaluate the permit application; and
(o) Permit application shall be signed by a principal executive officer of the user.
(3) The POTW will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the POTW may issue within 30 days of the date of acceptance, a wastewater contribution permit subject to terms and conditions provided herein. Within the 30-day period, the industrial user may review a draft permit and provide comments to the POTW. The POTW may require compliance by industries in the non-major classification which have a potential for discharging toxicants and prohibited substances, by issuance of a general discharge permit. A general discharge permit may be issued to users which are classified as non-major, informing them of general prohibitive standards, limitations, accidental spill notification requirements, residue disposal requirements and potential for being sampled by the Town and subject to the same requirements of major contributor permits.
(B) Permit modifications. The POTW reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the POTW with applicable laws and regulations. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by division (A) above, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. This application shall conform to the requirements of 40 C.F.R. § 403.12(b)(1) through (b)(7). In addition, the user with an existing wastewater contribution permit shall submit to the Public Works Director within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by divisions (H) and (I) below. All national categorical pretreatment standards adopted after the promulgation of this subchapter shall be adopted by the Town as part of this subchapter. This application shall conform to the requirements of 40 C.F.R. § 403.12(b)(1) through (b)(7). The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new condition in the permit shall include a reasonable time schedule for compliance.
(C) Permit conditions.
(1) Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the Town. Permits may contain the following:
(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(b) Limits on the average and maximum wastewater constituents and characteristics;
(c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(d) Requirements for installation and maintenance of inspection and sampling facilities;
(e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(f) Compliance schedules;
(g) Requirements for submission of technical reports or discharge reports;
(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Town, and affording POTW access thereto;
(i) Requirements for notification of the POTW 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;
(k) Other conditions as deemed appropriate by the Town to ensure compliance with this subchapter; and
(l) Requirements for the industrial user to prepare and submit an accidental spill prevention plan as well as for reporting of spills of prohibited materials.
(2) The terms and conditions of the permit may be subject to modification by the POTW during the term of the permit as limitations or requirements as identified in § 54.097 of this chapter are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(D) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the POTW. Any succeeding owner or user shall comply with the terms and conditions of a new permit.
(E) Reporting requirements for permittee. Within 90 days following the date for final compliance with applicable pretreatment standards whether local, state or federal standard 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 Public Works Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
(F) Periodic compliance reports.
(1) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Public Works Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Public Works Director, a report indicating the nature and concentration, of pollutants in the effluents which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in division (C) above. Flows shall be reported on the basis of actual measurement provided however, where cost or feasibility constraints justify, the Public Works Director may accept reports of average and maximum flows estimated by verifiable techniques. At the discretion of the Public Works Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the Public Works Director may agree to alter the months during which the above reports are to be submitted.
(2) Reports of permittees shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Public Works Director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. The Public Works Director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by division (F)(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Comment: where 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
(G) Major contributor permit applications; fees.
(1) Major contributors shall make applications for the proposed discharge on a form provided by the Town. The permit application shall be supplemented by any plans, specifications, studies or other information considered pertinent by the Public Works Director, to evaluate compatibility with the sewage system. It is the purpose of charges and fees to provide for the recovery of costs from users of the POTW for the implementation of the program established herein. The applicable charges or fees shall be set forth in the POTW’s schedule of charges and fees.
(2) The POTW may adopt charges and fees which may include:
(a) Fees for reimbursement of costs of setting up and operating the POTW’s pretreatment program;
(b) Fees for monitoring, inspections and surveillance procedures;
(c) Fees for reviewing accidental discharge procedures and construction;
(d) Fees for permit applications;
(e) Fees for filing appeals;
(f) Fees for consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards; and/or
(g) Other fees as the POTW may deem necessary to carry out the requirements contained herein.
(3) These fees relate solely to the matters covered by this subchapter and are separate from all other fees chargeable by the POTW.
(H) Fees. Permit fees for major contributors shall be as listed in the Fee Schedule in Ch. 35 of this code of ordinances.
(I) Surveillance of major contributors.
(1) To establish a feasible surveillance schedule, the following classes of major contributors are formed:
Minimum Surveillance Class Qualifications Schedule | ||
A | Flow of 100,000 gallons per day (0.1 MGD) and greater per average workday | Monthly or as required by Public Works Director |
B | Flow from 0.025 MGD to 0.1 MGD per average workday or discharge with constituents or characteristics that result in a major contributor classification | Quarterly or as required by Public Works Director |
(2) The surveillance period will normally be for a period of seven consecutive days, but can be of longer or shorter duration at the discretion of the Public Works Director. In cases where the surveillance period extends for a greater number of consecutive days than seven, the POTW shall have the prerogative of selecting the seven consecutive days of its choice for establishing rates and charges. The POTW will sample and conduct surveillance and inspection activities of major contributing and non-major industries when deemed necessary by the Public Works Director to identify independent of information supplied by industrial users, compliance or non-compliance with applicable pretreatment standards. In addition to surveillance monitoring conducted by the POTW, a major contributor shall conduct self-monitoring and submit monthly monitoring reports to the POTW unless specified otherwise in the users permit conditions or by the Public Works Director.
(J) Surveillance survey charge. The minimum charge for each surveillance survey shall be as listed in the Fee Schedule in Ch. 35 of this code of ordinances with a maximum charge for seven days of as listed in the Fee Schedule. Surveillance survey charges are to be adjusted annually if deemed necessary by the Public Works Director.
(K) Monitoring of major contributors.
(1) When required by the Public Works Director, a major contributor shall install, at its own expense:
(a) A suitable control manhole (vault), together with such necessary appurtenances in or on each building lateral sewer to facilitate observation, sampling and measurement of the wastewater; and
(b) Such sampling devices as may be reasonably necessary, unless otherwise instructed by the Public Works Director.
(2) A User may be required by the Public Works Director to install such manholes (vault) to verify his or her status either as a major contributor or otherwise. Such manholes (vaults) and sampling and testing devices shall be provided and maintained to the Public Works Director’s satisfaction at the expense of the user, but shall be under the control of the POTW. The POTW shall provide monitoring equipment during a surveillance period. Monitoring equipment shall, unless otherwise specified by the POTW, include a device for automatically measuring and recording flow and a device for automatically taking a composite by-flow sample of wastewater during a 24-hour period. Laboratory procedures used in the examination of industrial wastes shall be those set forth in Standard Methods. However, alternative methods for certain analyses of industrial wastes may be used subject to mutual agreement between the Public Works Director and the user; provided, they meet federal requirements as set forth in 40 C.F.R. part 136 and division (E) above. The POTW shall charge to the user, the standard initial analyses of the user’s wastes as well as other non-standard tests as required by the user’s specific process waste loading. Regular periodic check analysis and analysis made by the Public Works Director at the request of the user shall be charged to the user according to the standard work order billing practice. All such analysis shall be binding in determining strength of wastes surcharges and other matters dependent upon the character and concentration of wastes.
(L) Use of representative analysis. Until an adequate analysis of a representative sample of user’s wastes has been obtained, the POTW shall, for the purpose of this subchapter, make a determination of the character and concentration of the user’s wastes by using data based on analysis of similar processes or data for his or her type of business that are available from the U.S. Environmental Protective Agency or from industry-recognized authoritative sources. This method, if selected by the POTW, shall continue at the POTW’s pleasure or all data collected pertaining to industrial wastes including records kept by each industrial user shall be subject to audit and review by the Environmental Protection Agency or approval authority upon request. The Town shall annually publish in the local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(M) Confidential information.
(1) Information and data obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Town that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this subchapter, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that, such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the POTW as confidential shall not be transmitted to any governmental agency or to the general public by the POTW until and unless a ten-day notification is given to the user. A person who is licensed commercially or industrial waste hauler may discharge compatible pollutants to the treatment plant at a given time and place and in such amounts as permitted by the Public Works Director.
(2) Application to the Public Works Director and approval must be secured prior to any actual dumping along with payment of dump fees as listed in the Fee Schedule in Ch. 35 of this code of ordinances.
(3) A listing of all wastes and source information must be submitted with each application.
(N) 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 sewage works. Such sludge and wastes shall be disposed of by a licensed hauler in a site approved by the State Board of Health in accordance with requirements of §§ 402(b) and 405 of the Clean Water Act, being 33 U.S.C. §§ 1342(b) and 1345, and§§ 3001, 3004 and 4004 of the Solid Waste Disposal Act, being 42 U.S.C. §§ 6921, 6924 and 6944, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA, Pub. Law No. 94-580, being 42 U.S.C. §§ 6901 et seq.).
(2005 Code, § 102.21)