(A) Wastewater discharges. It shall be unlawful to discharge without a permit to any natural outlet within the city, or in any area under the jurisdiction of the city, and/or to the POTW, any wastewater except as authorized by the Superintendent in accordance with the provisions of this article.
(B) Wastewater discharge permits.
(1) General permits. In addition to the building sewer permit specified in § 941.05(B), all significant industrial users, as defined in § 941.02, proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of this article.
(2) Permit application.
(a) Users required to obtain a wastewater discharge permit shall complete and file with the Sanitary Board an application in the form prescribed by the Board, and accompanied by a fee of $100. Existing users shall apply for a wastewater discharge permit within 60 days after the effective date of this section, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
1. Name, address and location (if different from the address);
2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 941.06 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 Act and contained in 40 CFR 136, as amended;
4. Time and duration of contribution;
5. Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
9. If additional pretreatment and/or O & M will be required to meet the 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:
a. 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, such as hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like.
b. No increment referred to in subdivision (B)(2)(i)(1) hereof shall exceed nine months.
c. 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 Superintendent 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 Superintendent.
10. Each product produced by type, amount, process or processes and rate of production;
11. Type and amount of raw materials processed (average and maximum per day);
12. Number and type of employees, and hours of operation of plant, and proposed or actual hours of operation of pretreatment system;
13. Any other information as may be deemed by the Board to be necessary to evaluate the permit application.
(b) The Board will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Board may issue a wastewater discharge permit subject to terms and conditions provided herein.
(3) Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard 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 discharge permit as required in this division, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by subdivision (B)(2)(a)(8) and (9) hereof.
(4) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Board. Permits may contain the following:
(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a public sanitary 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 (see division (C) hereof);
(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Board, and affording the Board access thereto;
(i) Requirements for notification of the Board 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.
(j) Requirements for notification of slug discharges as per § 941.10(B);
(k) Other conditions as deemed appropriate by the Board to ensure compliance with this article.
(5) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Board during the term of the permit as limitations or requirements as identified in § 941.06 are modified or other just cause exists. The user shall be informed of any proposed changes in his 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.
(6) 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 Sanitary Board. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(C) Reporting requirements for permittee.
(1) Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent 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 by a qualified professional.
(2) Periodic compliance reports.
(a) 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 Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent 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 specified in the discharge permit. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the Superintendent may agree to alter the months during which the above reports are to be submitted.
(b) The Superintendent 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 subdivision (C)(2)(a) hereof above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports 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 Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the EPA Administrator pursuant to § 304(g) of the Act and contained in 40 CFR 136, and amendments thereto (“EPA Methods”), or with any other test procedures approved by the Administrator such as “Standard Methods.” Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR 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.
(D) Monitoring facilities. The Board shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Board may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Sanitary Board's requirements and all applicable local construction standards and specifications. Plans and specifications for the installation of such facilities shall be approved by the Board prior to the beginning of construction, and construction shall be completed within 90 days following written approval by the Board.
(E) Wastewater volume determination.
(1) The volume of flow used for computing industrial wastewater charges shall be the volume of flow measured by the monitoring facilities, or, upon approval of the Board, the metered water consumption of the industrial user as shown in the records of water meter readings maintained by the city, except as herein provided in the following paragraph.
(2) If the person discharging industrial wastewater into the public sewers procures any part, or all, of this water from sources other than the city water system, all or part of which is discharged into the public sewers, the person shall install and maintain at his own expense water meters of a type approved by the Superintendent for the purpose of determining the volume of water obtained from those other sources.
(F) Inspection and sampling.
(1) The Board shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Superintendent or his representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of his duties. The Board, approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with his security guards so that upon presentation of suitable identification, personnel from the Board, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) Samples shall be collected in such a manner as to be representative of the composition of the wastewater. The sampling shall be accomplished by the use of automatic sampling equipment capable of collecting composite samples, or by other approved means.
(G) Analysis.
(1) Laboratory procedures used in the examination of industrial wastewaters shall be as specified in subdivision (C)(2) hereof.
(2) Determination of the character and concentration of the industrial wastewaters shall be made by the industrial user responsible for the discharge, or the industrial user's qualified agent as approved by the Sanitary Board. The results of the analyses shall be reported to the Board on a semi-annual basis on forms provided by the Board. The Board may make its own analyses on the wastewaters and these determinations, when made, shall be binding as a basis for compliance and for establishing charges, except under circumstances in the following paragraph.
(3) In case the analyses performed by the industry and the Board result in substantially different values, an effort shall be made by the industry to collect samples at the same time the Board collects its own samples. The results of the analyses on the samples collected by the Board and the industry shall be compared using the same testing procedures as previously outlined herein.
(H) Pretreatment.
(1) Significant users shall provide necessary wastewater pretreatment as required to comply with this article and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the Sanitary Board shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Board for review, and shall be acceptable to the Board before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Board under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Board prior to the user's initiation of the changes.
(2) The Board 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 users during the same months.
(3) All records relating to compliance with pretreatment standards shall be made available to the Board and to officials of the EPA or approved authority upon request.
(I) Grease and oil interceptors. For grease, oil and inorganic material such as sand, grit, and the like, interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 941.06(I), or any flammable wastes, sand and other harmful ingredients; except that 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 Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the user shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by the user's personnel must be performed by currently licensed waste disposal firms.
(J) Confidential information.
(1) Information and data on a user 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 Sanitary Board that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(2) 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 article, 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.
(3) Information accepted by the Board as confidential shall not be transmitted by any governmental agency or to the general public by the Board until and unless a 10-day notification is given to the user.
('71 Code, § 941.08) (Ord. 647, passed 5-11-81) Penalty, see § 941.99