(a) Wastewater Discharge. It shall be unlawful for a significant industrial user to discharge sewage, industrial wastes or other wastes without a permit issued by the City to any sewer within the jurisdiction of the City and/or to its treatment facility.
(b) Wastewater Contribution Permit. Each industrial user as defined in Section 1040.02, currently discharging or proposing to discharge to the City's wastewater collection and treatment system shall obtain a wastewater contribution permit before connecting to or contributing to the City's wastewater collection and treatment system. All existing significant industrial users connecting to or contributing to the City's collection and treatment system shall obtain a wastewater contribution permit within 180 days after the effective date of these regulations.
(1) Permit application. Users required to obtain a permit shall complete and file with the Superintendent of the Division of Sewage Treatment an application in the form prescribed by the Superintendent and accompanied by a fee of fifty dollars ($50.00). Existing users shall apply for a permit within thirty days after the effective date of these regulations and proposed new sources shall apply at least ninety days prior to connections to or contributing to the City's system. Proper completion of the permit application will require the following information:
A. Name, address and SIC code number of user.
B. Disclosure of the wastewater constituents and characteristics, including but not limited to those identified in Section 1040.27(b). All water and wastewater analyses shall be determined in accordance with 40 CFR 136 methodology and by suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered the nearest downstream manhole in the public sewer from the point of which the building sewer is connected.
C. Time and duration of discharges. Including an explanation of all surges of strength and flow rates.
D. Average daily flow rate, including method of determination.
E. Site and mechanical plans and details showing size, elevation and location of all connections to public sanitary sewers, control manholes or sampling access locations and pretreatment equipment.
F. Description of facilities, manufacturing processes or service activities on the premises.
G. Nature and concentration of any discharge pollutants prohibited or limited by these regulations.
H. A statement detailing whether pretreatment or additional operation and maintenance procedures are required to comply with the provisions of these regulations. If such procedures are required to achieve compliance, a schedule for completion of pretreatment equipment or additional operation and maintenance procedures shall be submitted to the Superintendent. The schedule shall contain milestone dates for the commencement and completion of major events leading to construction and operation of additional pretreatment facilities required for the user to comply with the requirements of these regulations including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with these regulations. The Superintendent shall not permit a time increment for any single step directed toward compliance to exceed nine months. Any violation of this compliance schedule shall be considered a violation of these regulations.
The user shall submit a progress report to the Superintendent no later than fourteen days after each scheduled milestone date and the final compliance date. This report shall include, at a minimum, a statement detailing whether the user has complied with the increment of progress represented by the milestone date, and, if not, the date by which he expects to comply with this increment of progress, the reason for delay and the steps being taken to return to the approved schedule. The Superintendent shall not permit the time increment between progress reports to exceed nine months.
I. Products manufactured or services rendered by type, amount and rate of production.
J. Type and amount of raw materials used.
K. All permit applications for new or modified permits shall be signed by a principal executive officer of the user, and a qualified engineer, and all renewal applications for existing permits shall be signed by a principal executive officer of the user.
The Superintendent shall evaluate the adequacy of the data furnished by the user in the application form. If insufficient data has been furnished, the Superintendent will notify the user to provide additional data within a specified time frame. After acceptance of the data, the Superintendent will issue the permit. The Superintendent may stipulate special conditions and terms upon which the permit may be issued.
(2) Permit conditions. Granting of permits may require the following conditions:
A. Limits on rate, time and concentrations of discharge or requirements for flow regulation and equalization.
B. Installation and inspection, flow measurements and sampling facilities, including access to such facilities.
C. Specifications for a monitoring program which may include flow measurement, sampling, chemical and biological testing, recording of data and reporting schedule. Cost for conducting and monitoring program will be the responsibility of the user.
D. Pretreatment requirements and schedule for implementation including schedules for reporting progress toward meeting these requirements.
E. Submission of discharge reports.
F. Schedule for the payment of strength surcharge billing as required by these regulations.
G. Special service charges or fees.
H. Prompt notification in the form of a letter written to the Superintendent of any significant changes to the user's operation or system which might alter the nature, quality, or volume of its wastewater at least (e.g. thirty) days before the change.
I. Accidental discharge/slug discharge control plans. The Superintendent shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Superintendent 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 Superintendent 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 non-routine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by Section 1040.04(b); 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.
J. Other conditions as deemed appropriate by the City to ensure compliance with these regulations and with applicable requirements of Federal or State law.
(3) Permit modifications. The City reserves the right to amend any wastewater contribution permit issued hereunder with applicable laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of each user subject to such Standards shall be revised to require compliance with such Standards within the timeframe prescribed by such Standards. All National Categorical Pretreatment Standards adopted after promulgation of these regulations shall be adopted by the City as part of these regulations. Where a user, subject to National Categorical Pretreatment Standards, has not previously submitted an application for a wastewater contribution permit as required by Section 1040.21(b)(1), the user shall apply for a permit from the City within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, the user with an existing permit shall submit to the City within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by paragraph (b)(1) hereof. 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 conditions in the permit shall include a reasonable time schedule for compliance.
(4) Permit duration. Permits shall be issued for a specified period of time, not to exceed five years. The user shall apply for a permit re-issuance a minimum of 180 days before expiration, or whenever the conditions of the discharge change.
(5) Limitations on permit transfer. Wastewater contribution permits are issued to a specific user for a specific operation and are not assignable to another user without prior written approval of the City, or transferable to any other location.
(c) Sample Collection. 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.
(1) Except as indicated in paragraph (2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorize by the Superintendent. 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 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period 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.
(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 ninety-day compliance reports required in paragraphs (c)(2)B. and C. hereof [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by paragraphs (c)(2)D. and G. hereof [40 CFR 403.12(e) and (h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(d) Reporting Requirements for Permittee.
(1) Strength analysis report. The information to be submitted on each strength analysis report shall be as follows:
A. Name and address of user;
B. Date and time sample was collected; and
C. Results of laboratory analyses, in mg/l, of the strength of BOD, COD, suspended solids and phosphorus in the user's discharge to sanitary sewers. The analyses shall be in accordance with Standard Methods.
One sample shall be collected and analyzed for each 500,000 gallons of discharge with a maximum time between samples of three months. If the strength of discharge is inconsistent, additional tests shall be required.
The procedures used shall ensure the sample to be a representative sample of the flow.
The average strengths, in mg/l, of BOD, COD, suspended solids and phosphorus for each strength surcharge billing period shall be determined from the information submitted in the strength analysis report for samples collected during the billing period. The Division shall periodically collect and test samples of the discharge. If the information is substantially different from that on the strength analysis report, the values obtained from such samples may be used to determine surcharge strengths in lieu of the values in the strength analysis report.
(2) Compliance reports:
A. New source compliance deadline. New sources shall install and have in operation condition and shall start-up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge into the City's wastewater collection and treatment facilities. Within ninety days, new sources must meet all applicable pretreatment standards as set forth in 40 CFR 403.6 (b).
B. Baseline monitoring report (BMR).
1. Existing sources shall submit a BMR within 180 days of promulgation of a new National Categorical Pretreatment Standard.
2. New sources shall submit a BMR to accompany its permit application at least ninety days prior to commencement of the introduction of wastewater into the City's collection and treatment system. The BMR shall include information on pretreatment methods and provide the nature and concentration of all pollutants as set forth in 40CFR 403.12(b).
C. Ninety-day compliance report. Within ninety days following the date for final compliance by the user with applicable pretreatment standards set forth in their regulations or ninety days following commencement of the introduction of wastewater into the treatment facilities by a new source, any user subject to these regulations shall submit to the City a report, signed by an authorized representative of the user and certified to by a qualified engineer, which shall include the following information:
1. The average and maximum daily flow in gallons;
2. The nature and concentration of all prohibited or regulated substance contained in its discharge;
3. A statement indicating whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements.
D. Additional periodic compliance reports shall be submitted by all categorical and non categorical users at a frequency specified in the wastewater contribution permit, indicating the nature and concentration of prohibited or regulated substances in the discharge. These reports shall also include a record of all measured average and maximum flows during the reporting period, the results of sampling and analyses and any other information required to the Division.
E. If a user's sampling data indicates a violation, the user must notify the City within twenty-four hours of becoming aware of the violation. The user must then repeat the sampling and analysis and submit the results to the City within thirty days, unless the City samples the user's discharge.
F. All industrial users shall promptly notify the Superintendent in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristics hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12 (P).
G. All sampling for reporting requirements shall conform to 40 CFR 136 criteria. All reports submitted by the user shall be certified to and signed by its authorized representative.
(e) Control Manhole. Each industrial user, as defined in Section 1040.02, shall construct and maintain, at its own expense, a control manhole to allow inspection, sampling and flow measurements of wastes in the building sewer.
(1) The control manhole may be either on opening to the sewer inside a structure or a manhole. It shall be constructed on the user's premises; however, if the location would be impractical or cause undue hardship to the user, the City may allow construction in a public right-of-way. Ample room shall be provided to allow for safe sampling. The manhole shall be constructed in accordance with Division requirements and meet all local agency construction standards and specifications. Unless a time extension is granted, the construction of the manhole shall be completed within ninety calendar days after written notice from the Division.
(2) The personnel of the Division shall have access to this monitoring facility at all times for inspection and collecting samples. If the facility is locked, special arrangements shall be made to allow access. The Division shall have the right to set up monitoring devices on the premises. If the industrial user employs a security system which would require proper identification and clearance before entry to the premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, Division personnel shall be permitted entry without delay to perform their specific responsibilities.
(Ord. 2014-09. Passed 4-7-14.)