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(a) All Industrial Users required to obtain an Industrial Waste Discharge Permit shall supply to the Director, in an application format acceptable to the Director, the following information:
(1) Identifying Information:
A. The name and address of the facility, including the name of the operator and owner;
B. Contact information; and
C. Description of activities, facilities and plant production processes on the premises.
(2) List of Environmental Permits:
A. A list of any environmental control permits held by or for the facility.
(3) Description of Operations:
A. A brief description of the nature, average rate of production (including each product produced by type, amount, processes and rate of production) and stardard industrial classifications of the operation(s) carried out by such Industrial User. The description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;
B. Types of wastes generated, and a list of all raw material and chemicals used or stored at the facility, which are, or could accidentally or intentionally be discharged to the POTW;
C. Number and type of employees;
D. Proposed or actual hours of operation;
E. Type and amount of raw materials processed (average and maximum per day); and
F. Site, floor, mechanical and plumbing plans with details to show all sewers, floor drains, and appurtenances by size, location, and elevation including all points of discharge.
(4) The location(s) for monitoring all discharges covered by the permit.
(5) Flow Characteristics.
A. Time and duration of discharges, including number of days per week discharge occurs; and
B. The measured average daily and maximum daily flows, in gallons per day, to the POTW from regulated process streams and all other streams.
(6) Pollutant Characteristics.
A. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by Categorical Pretreatment Standards, Local Limits, or the Director, of regulated pollutants in the discharge from each regulated process;
B. Instantaneous, Daily Maximum and long-term average concentrations, or mass, where required;
C. The samples shall be collected in such a manner to be representative of daily operations and shall be analyzed in accordance with procedures contained in 40 CFR 136 and amendments thereto, using detection limits appropriate to determine the ability to comply with all applicable standards.
(7) Any applicable SIC code or NAICS code.
(8) Any Categorical Pretreatment Standard applicable to a regulated process.
(9) If additional pretreatment and/or O&M will be required to meet the any pretreatment standards, the Discharger shall provide a declaration of the shortest schedule by which the Discharger will provide such additional pretreatment and/or O&M.
(10) If desired by the Industrial User, any request for a monitoring waiver (or a renewal of an approved monitoring waiver), in accordance with Section 924.16(j).
(11) Any other information as may be deemed necessary by the Director to evaluate the permit application.
(b) Deadlines.
(1) Initial Application:
A. For new sources, as defined in Section 924.02, the application shall be submitted at least ninety (90) days prior to commencement of the discharge.
B. For existing Dischargers (See Section 924.14(b)(2)), the application must be submitted within 180 days from:
1. The effective date of the Categorical Pretreatment Standard, for Industrial Users becoming a Categorical Industrial User (CIU) through promulgation of an applicable Categorical Standard; or
2. The Director’s determination that the Industrial User is a SIU.
(2) Renewal Application:
A. For SIUs that are already authorized to discharge through an Industrial Wastewater Discharge Permit, the application is due no less than ninety (90) days prior to the permit’s expiration date.
(3) Application to Modify the Permit Conditions:
A. For SIUs that are requesting that a change be implemented to the permit prior to the permit’s expiration date, the application is due no less than sixty (60) days prior to the implementation of the proposed change to the discharge/production operations.
(c) Signatory Requirements.
(1) A statement that the information reported is representative of the discharge and operations. This shall include the signature and certification statement specified in Section 924.14(c).
(2) A statement, signed by a Duly Authorized Representative of the Industrial User (as defined in Seciton 924.02), indicating whether pretreatment standards are being met on a consistent basis, and if not, a statement indicating whether additional pretreatment and/or operation and maintenance (O&M) will be required to meet the applicable pretreatment standards (local limits, Categorical Pretreatment Standards, etc.).
(d) After receiving the complete application described in this section, the Director shall evaluate the data furnished by the Discharger and may require additional information.
(1) Incomplete or accurate applications will not be processed and will be returned to the Industrial User for revision.
(2) Within thirty (30) days after receipt of a complete application and acceptance of the data furnished, the Director shall notify the Discharger, in writing, of the City’s acceptance thereof.
(3) Within sixty (60) days of providing the notification of completed application, the Director shall issue the facilty an industrial wastewater discharge permit in accordance with Section 924.13.
(e) Nothing in this section shall be interpreted to limit the Director from issuing orders, permits, or other mechanism to enforce prereatment standards on Industrial Users, regardless of whether the Industrial User is considered a Significant industiral User. The Director may issue orders to any Industrial User to require compliance with any requirements under this chapter including applicable National Categorical Pretreatment Standards, BMPs, or other discharge limits and reporting requirements. Such orders shall be in the form of a directive signed by the Director and may include but not be limited to a list of pollutants to be monitored, required analytical methods, location(s) of sampling points, type of sample, frequency of sampling and any necessary compliance schedules to meet discharge limits.
(Ord. 12966/2020. Passed 10-14-20.)
(a) After review of all required information, the Director may issue an Industrial Wastewater Discharge Permit that shall be expressly subject to all provisions of this chapter and all other state and federal laws and regulations.
(b) Industrial Wastewater Discharge Permits must include the following:
(1) The issuance date, expiration date, and effective date of the permit;
(2) A statement that the wastewater discharge permit is nontransferable without written concurrence from the Director, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable Pretreatment Standards or other local Limits expressed as:
A. Instantaneous, maximum or average discharge concentrations;
B. Mass-based discharge limitations; or
C. Any combination of concentration and mass-based limitations deemed necessary by the Director.
(4) Requirements to maintain in proper working order at his or her own cost and expense safe, suitable facilities to obtain accurate samples of wastewater flow into the POTW;
(5) Requirements for monitoring;
(6) Requirements for maintaining and submitting technical reports such as self-monitoring, sample reporting (including sample locations, frequency, and type), notification, and other required records relating to wastewater discharges;
(7) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements; and
(8) Requirements to notify the POTW of any significant changes to the Industrial User’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days prior to such changes.
(c) Industrial Wastewater Discharge Permits may also include any of the following:
(1) Requirements to control Slug Discharges, if determined by the Director to be necessary;
(2) Discharge limits based on Categorical Pretreatment Standards, as required;
(3) Effluent limits expressed as BMPs and the associated monitoring and reporting requirements;
(4) Limits on rate and time of discharge or requirements for flow equalization;
(5) Compliance schedules that do not extend the time for compliance beyond that provided by applicable Federal, State or local regulations;
(6) For Categorical Pretreatment Standards only, any granted waivers from monitoring for a pollutant neither present nor expected to be present in the discharge;
(7) A requirement for the owner or operator of any premises (or facility discharging industrial wastes), to install safe, suitable facilities to obtain accurate samples of wastewater flow into the POTW; and/or
(8) Other conditions to comply with this chapter and other applicable state and federal laws, rules and regulations or as deemed necessary by the Director.
(d) Duration of Industrial Waste Permits:
(1) Permits shall be issued for a specific time period, not to exceed five (5) years. A permit may be issued for periods of less than one (1) year and may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification and change by the Director during the life of the permit as limitations or requirements are modified and changed. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(e) Transfer of Industrial Waste Permits:
(1) Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Director. The permittee must give at least thirty (30) days advance written notice to the Director. The notice must include a written certification by the new owner/operator which states that the new owner has no immediate intent to change the facilities’ operation and processes; identifies the specific date on which the transfer is to occur; and acknowledges full responsibility for complying with the existing permit.
(f) Periodic Compliance Reports:
(1) All Industrial Users subject to an Industrial Waste Discharge Permits shall submit periodic compliance reports indicating the nature and concentration of pollutants in their discharge. The frequency of reporting shall be prescribed in the Industrial Waste Discharge Permit.
(g) Compliance Schedules:
(1) When the Director determines that it is necessary for Industrial Users to install technology or provide additional operation and maintenance (O&M) to meet any condition of this chapter or applicable Industrial Waste Discharge Permit, the Director shall require the development of the shortest schedule by which the Industrial User will provide this additional technology or O&M.
(2) The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.
(3) For compliance schedules to achieve compliance with Categorical Pretreatment Standards, the compliance schedule shall:
A. 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 Industrial User to meet the applicable Categorical Pretreatment Standard (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
1. No increment referred to in subsection (g)(3)A. hereof shall exceed nine (9) months.
B. Require the Industrial User to submit a progress report to the City of Warren no later than fourteen (14) days following each date in the schedule and the final date for compliance. This report shall include, at a minimum, whether or not it complied with the increment of progress to be made on such date. If not, the report shall also include the following:
1. The date on which the Industrial User expects to comply with this increment of progress to be met on such date;
2. The reason for delay; and
3. The steps being taken by the Industrial User to return the construction to the schedule established.
(4) For the progress reports described in subsection (g)(3)B. hereof, intervals between these reports to the City shall be no longer than nine (9) months.
(h) Industrial Waste Permits may be terminated for any of the following reasons:
(1) Falsifying self-monitoring reports;
(2) Tampering with monitoring equipment;
(3) Refusing to allow City personnel, or its authorized representative, timely (See Section 924.15) access to the facility premises and records;
(4) Failure to meet effluent limitations and/or failure to comply with all pretreatment requirements;
(5) Failure to pay fines;
(6) Failure to pay sewer charges;
(7) Failure to meet compliance schedules; or
(8) Other reasons deemed necessary by the City for the protection and/or safety of the POTW, the workers, or the public.
(Ord. 12966/2020. Passed 10-14-20.)
(a) All Industrial Users shall monitor discharges to the POTW, as required by the Discharger’s Industrial Waste Discharge Permit or other orders of the Director, and provide necessary reports, data and other information to the Director. All information submitted and collected shall be retained in accordance with Section 924.18 of this chapter.
(b) Discharge Monitoring Reports.
(1) Periodic Compliance Reports: Any Industrial User subject to an Industrial Waste Discharge permit shall periodically submit to the City a report indicating compliance with the applicable pretreatment standards or other limits and requirements as required by the City. Such reports shall be submitted according to the frequency prescribed in the Industrial Users’ wastewater discharge permit and include the following information for the reporting period:
A. The nature and/or concentration of pollutants in the discharge which are limited by pretreatment standards or other limits as required by the City;
B. Results from sampling and an analysis of regulated pollutants from each regulated process and a City-determined frequency of monitoring necessary to assess and ensure compliance by Industrial Users with applicable pretreatment standards and requirements;
C. Results based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, with data representative of conditions occurring during the reporting period;
D. A record of measured or estimated average and maximum daily flows for the discharge to the POTW. The reported flows should include the regulated process streams and other streams necessary to allow the use of the controlled wastestream formula (as defined in 40 CFR 403.6(e)) and any other details the Director deems necessary;
E. Where the City has imposed mass limitations on the Industrial User, the Industrial User shall report the mass of pollutants in the discharge relevant to the mass limitations;
F. For Industrial Users subject to Categorical Pretreatment Standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation) in accordance with Section 924.06(c), the Industrial User shall include the actual average production rate;
G. For Industrial Users subject to equivalent mass or concentration limits established by the Director, this report shall include a reasonable measure of the Industrial User’s long-term production rate;
I. In cases where the Pretreatment Standard requires compliance with a BMP, the Industrial User must submit determination required by the Director or the Pretreatment Standards necessary to determine the compliance status of the Industrial User; and
J. If an Industrial User monitors any pollutant more frequently than required by the City, the results of this monitoring shall be included in the periodic discharge monitoring report.
(2) Categorical Industrial User Compliance Report. Any Industrial User subject to Categorical Pretreatment Standards shall submit a report indicating whether the Categorical Industrial User has achieved compliance to such standards.
A. This report is to be submitted to the Director within ninety (90) days following:
1. The date for final compliance with applicable Categorical Pretreatment Standards; or
2. Commencement of the introduction of wastewater into the POTW, in the case of a new source Discharger (as defined in Section 924.02).
B. The following information shall be included in this report:
1. Measured average daily and maximum flows of regulated process streams and other nonregulated streams.
2. Results from sampling and an analysis of regulated pollutants from each regulated process and a City-determined frequency of monitoring necessary to assess and ensure compliance by Industrial Users with applicable pretreatment standards and requirements.
3. Results based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, with data representative of conditions occurring during the reporting period.
4. For Categorical Industrial Users subject to equivalent mass or concentration limits established by the Director, this report shall include a reasonable measure of the Categorical industrial User’s long-term production rate.
5. For Categorical Industrial Users, subject to production-based standards, as described in Setion 924.06(c), this report shall include the Categorical Industrial User’s actual production during the appropriate sampling period.
6. For Categorical Industrial Users subject to monitoring waivers a certification that there has been no increase in pollutants as described in Section 924.16(j)(1)E.
(3) Hazardous Waste Discharge Notifications.
A. All Dischargers shall notify the POTW and Ohio EPA in writing of any discharge into the POTW of substance(s), which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. The Discharger shall provide the information specified in 40 CFR 403.12(p).
B. All Dischargers shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the IU has submitted initial notification in 40 CFR 403.12(p).
(c) Signatory Requirements. All reports submitted by the Industrial User (including the industrial wastewater discharge permit application materials in Section 924.12) shall include the following requirements:
(1) A statement that the information reported is representative of the discharge and operations; and
(2) Contain the following certification statement:
“I certify, under penalty of law, that this document and all attachments were prepared under my direct supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted 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.”
(3) The signature of the Duly Authorized Representative of the Industrial User, as defined in Section 924.02:
(4) Specific Signature Requirements - Additional signatory requirements include:
A. Periodic Compliance Reports where the Director has authorized a monitoring waiver for the Industrial User, in accordance with Section 924.16(j) Monitoring Waivers, the Industrial User shall also include the following certification statement, signed by a Duly Authorized Representative of the Industrial User:
“Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 C.F.R. [specify applicable Categorical Pretreatment Standards part(s)]. I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since the submittal of the last period report under Section 924.14 of the City of Warren Ordinance.”
B. Categorical Industrial User Compliance Reports must also include:
1. A statement, signed by a Duly Authorized Representative of the Industrial User (as defined in Section 924.02), indicating whether pretreatment standards are being met on a consistent basis, and if not, a statement indicating whether additional pretreatment and/or operation and maintenance (O&M) will be required to meet the pretreatment standards in the industrial wastewater discharge permit.
2. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the Discharger shall provide a declaration of the shortest schedule by which the Director will provide such additional pretreatment and/or O&M.
(Ord. 12966/2020. Passed 10-14-20.)
Any Discharger shall allow the Director or his/her representatives, upon presentation of credentials of identification, to enter upon the premises of the Discharger at all reasonable hours, for the purpose of inspection, sampling, or records examination. Delays in permitting access by City of Warren personnel in excess of fifteen (15) minutes shall be a failure to provide reasonable access. The City shall have the right to set up on the Discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. (Ord. 12966/2020. Passed 10-14-20.)
(a) The City shall inspect the monitoring facilities of any Discharger to determine compliance with the requirements of this chapter.
(b) The City may require an IU to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary.
(c) The Discharger whose wastes are being tested by the City shall promptly reimburse the City for the taking of samples, the per diem rate in effect at that time for each day, or part thereof, that such samples are taken. The fee for analyzing such samples shall be reimbursed in accordance with the actual cost of analysis, at the time.
(d) All sampling and analyses shall be performed in accordance with the procedures maintained in 40 CFR Part 136 and amendments thereto. However, alternate methods for certain analyses of industrial wastes may be used subject to mutual agreement between the City and the Industrial User.
(e) Determination of the character and concentration of the industrial wastes performed by a Discharger in compliance with self-monitoring obligations shall be made by a qualified person or a certified testing laboratory.
(f) Samples shall be representative of daily operations.
(g) Sampling Locations.
(1) All Industrial Users that have been issued an industrial waste discharge permit must sample at the sampling location specified in the permit.
(2) If the wastewater is regulated by Categorical Pretreatment Standards and is treated by a pretreatment facility, sampling should be taken immediately downstream from pretreatment facilities.
(3) If the wastewater is regulated by Categorical Pretreatment Standards and is not treated by a pretreatment facility, sampling should be taken immediately downstream from the regulated process.
(4) If the wastewaters regulated by Categorical Pretreatment Standards mix with other waste streams prior to pretreatment, the Categorical Industrial User should measure the flows and concentrations necessary from a location(s) which allows the use of the combined waste stream formula in 40 CFR 403.6(e).
(h) Sample Type.
(1) Grab Samples.
A. For the following pollutants, the Grab Collection Method shall be used: pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide and volatile organics;
B. Multiple Grab Samples Procedures using protocols (including appropriate preservation) specified in 40 C.F.R. 136 and appropriate U.S. EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:
1. The following pollutants may be composited in the field or in the laboratory: hexavalent chromium, total phenols and sulfides.
2. The following pollutants may be composited in the laboratory: volatile organics and oil and grease.
C. The number of grab samples required:
1. Where the Discharger does not have historical sampling data, a minimum of four (4) grab samples is required.
2. If historical sampling data is available, the City may authorize a requirement for fewer grab samples.
(2) Composite Samples.
A. For all pollutants not listed in Section 924.16(h)(1)A., twenty-four (24) hour composite samples shall be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples shall be representative of the discharge and the decision to allow the alternative sampling shall be documented by the City.
(i) Monitoring Violations:
(1) If sampling performed by an Industrial User indicates a violation, the Industrial User shall notify the Director within twenty-four (24) hours of becoming aware of the violation. The Industrial User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. The Industrial User is not required to resample if:
A. The Director or his/her authorized representative, samples the wastewater discharge of the Industrial User at least once per month; or,
B. The Director or his/her authorized representative, samples the wastewater discharge of the Industrial User between the time when the Industrial User performs its initial sampling and the time when the Industrial User receives the results of this sampling.
(2) If sampling performed by the City indicates a violation, the City shall perform or require the Industrial User to perform repeat sampling and analysis within thirty (30) days of becoming aware of the violation.
(j) Monitoring Waivers.
(1) The City may authorize an Industrial User subject to a Categorical Pretreatment Standard to forego sampling of a pollutant regulated by a Categorical Pretreatment Standard if the Industrial User had demonstrated 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 pollution due to activities of the Industrial User [40 CFR 403.12(e)(2).] This authorization is subject to the following conditions:
A. The waiver may not be authorized to a Centralized Waste Treatment facilities regulated by and defined in 40 CFR 437.
B. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharge from the facility provided that the sanitary wastewater is not regulated by an applicable Categorical Pretreatment Standard and otherwise included no process wastewater.
C. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but no in case longer than five (5) years. The Categorical Industrial User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
D. Any granting of the monitoring waiver by the Director must be included as a condition in the Categorical Industrial User’s permit. The reasons supporting the waiver and any information submitted by the Categorical Industrial User in its request for the waiver must be maintained by the Director for three (3) years after expiration of the waiver.
E. Upon approval of the monitoring waiver and revision of the Categorical Industrial User’s permit by the Director, the Categorical Industrial User must certify on each report with the statement found at Section 924.14(c)(4)A., that there has been no increase in the pollutant in its waste stream due to activities of the Industrial User.
F. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the Categorical Industrial User’s operations, the Categorical Industrial User must immediately comply with the monitoring requirements, or other more frequent monitoring requirements imposed by the Director and notify the Director.
G. This provision does not supersede certification processes and requirements established in Categorical Pretreatment Standards, except as otherwise specified in the Categorical Pretreatment Standard. (Ord. 12966/2020. Passed 10-14-20.)
(a) The City of Warren’s handling of confidential information and trade secrets shall be in compliance with the requirements in OAC 3745-3-07.
(b) All information and data acquired by any means authorized in this chapter shall be available to the public or any other governmental agency without restriction except as hereinafter provided for.
(c) Information and data may be deemed confidential by the City upon written request by any person for confidentiality, provided, however, the person is able to demonstrate to the satisfaction of the Director that the release or publication of such information would divulge information, methods, processes or other trade secrets which may jeopardize the applicant’s competitive position.
(d) Information, data or material deemed confidential shall not be available for public inspection but shall be available to any governmental agency for studies and/or judicial review provided that such confidential information shall not be provided to anyone until and unless adequate notification is given to the applicant.
(e) All records containing confidential material shall be stored in locked files.
(f) Wastewater characteristics and constituents shall not be considered as confidential information. (Ord. 12966/2020. Passed 10-14-20.)
(a) All Industrial Users who discharge or propose to discharge wastewater to the POTW shall maintain such records of production and related factors, effluent flows, and pollutant amounts or concentrations as necessary to demonstrate compliance with the requirements of this chapter and any applicable state or federal pretreatment standards or requirements, including BMPs.
(b) All Industrial Users shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and laboratory analyses made by or on behalf of an Industrial User in connection with its discharge.
(c) For samples, the minimum shall be retained for a minimum of three (3) years:
(1) The date, exact place, method, time of sampling, and the names of the person(s) taking the samples.
(2) The dates that the analyses were performed.
(3) The name and address of the laboratory that performed the analyses.
(4) The analytical techniques or methods used.
(5) The results of such analyses.
(d) All records which pertain to materials which are subject to any enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the Discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(e) Industrial Users shall retain all industrial wastewater discharge permits and pollution prevention alternatives (e.g., slug control plans, toxic organic management plan, etc.) for as long as these documents are effective and for at least three (3) years after the date on which these documents become ineffective. These documents are considered ineffective if replaced with a revised document or if the document is no longer applicable to the Industrial User.
(f) Such records shall be made available upon request by the City.
(Ord. 12966/2020. Passed 10-14-20.)
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