(a) Wastewater Dischargers. It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City, and/or to the Rocky River WWTP without having first complied with the terms of this chapter. New sources shall install and have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time, not to exceed ninety (90) days, new sources must meet all applicable pretreatment standards.
(b) Wastewater Discharge Data Disclosure.
(1) General Disclosure. All Industrial Dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this chapter within ninety (90) days after the effective date of this chapter.
(2) Disclosure Forms and Baseline Monitoring Reports. Industrial Dischargers shall complete and file with the Control Authority, a disclosure declaration in the form prescribed by the Control Authority, and accompanied by the appropriate fee. Existing Industrial Dischargers shall file disclosure forms within thirty (30) days after the effective date of this chapter, and proposed new Dischargers shall file its disclosure forms at least ninety (90) days prior to connecting to the POTW. Existing Industrial Users, subject to categorical Pretreatment Standards and currently discharging to or scheduled to discharge to the POTW, shall complete and file a Baseline Monitoring Report as required by 40 CFR 403.12(b) within 180 days after the effective date of a categorical Pretreatment Standard to the Control Authority. New Sources, and sources that become Industrial Users subsequent to the promulgation of an applicable categorical Pretreatment Standards, shall complete and file a Baseline Monitoring Report as required by 40 CFR 403.12(b), at least ninety (90) days prior to commencement of discharge to the Control Authority. In addition to the above disclosure requirements, the disclosure to be made by the Discharger shall be made on written forms provided by the Control Authority and shall cover:
A. Disclosure of name, address and location of the Discharger.
B. Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
C. Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this chapter, also referred in Section 307(a) of the Act and as defined by 40 CFR, 403.5 as appropriate, and determined by bona fide chemical and biological analysis. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended.
D. Disclosure of time and duration of discharges.
E. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the Control Authority due to cost or nonfeasibility.
F. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
G. Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works for the City and/or Control Authority.
H. Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and if not, whether additional operation, maintenance and replacement activities and/or additional pretreatment is required for the Discharger to comply with this chapter.
I. Where additional pretreatment and/or operation, maintenance and replacement activities will be required to comply with this chapter, the Discharger shall provide a declaration of the shortest schedule by which the Discharger will provide such additional pretreatment and/or implementation of additional operational, maintenance and replacement activities.
1. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Discharger to comply with the requirements of this chapter including, but not limited to dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this chapter.
2. Under no circumstances shall the Control Authority permit a time increment for any single step directed toward compliance which exceeds nine (9) months.
3. Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the Discharger shall submit a progress report to the Control Authority, including no less than a statement as to whether or not it completed with the increment of progress represented by that milestone 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 Discharger to return to the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the Control Authority.
J. Disclosure of each product produced by type, amount, process or processes and rate of production.
K. Disclosure of the type and amount of raw materials utilized (average and maximum per day).
L. All disclosure forms and the Baseline Monitoring Report shall be signed as provided in paragraph (c)(4). of this section below and by a qualified engineer (licensed to practice in the State of Ohio).
M. All sewers shall have an inspection and sampling manhole or structure with an opening of no less than twenty-four (24) inches diameter and an internal diameter of no less than thirty-six (36) inches containing measuring, recording and sampling equipment as required by the Control Authority to assure compliance with this chapter.
The Control Authority will evaluate the complete disclosure form and data furnished by the Discharger and may require additional information. Within thirty (30) days after full evaluation and acceptance of the data furnished, the Control Authority shall notify the Discharger of the Control Authority's acceptance thereof.
(3) Standards Modification. The City reserves the right to amend this chapter and the terms and conditions hereof in order to assure compliance by the City and Control Authority with applicable laws and regulations. Within nine (9) months of the promulgation of a National Categorical Pretreatment Standard, this chapter shall be amended to require compliance by Dischargers with such standards within the time frame prescribed by such standards. Where a Discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted a disclosure form as required by Section 913.05
(b)(2), the Discharger shall file a disclosure form with the Control Authority within one hundred eighty (180) days after the promulgation of the Applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any Discharger operating on the basis of a previous filing of a disclosure statement, shall submit to the Control Authority within one hundred eighty (180) days after the promulgation of an applicable National Categorical Pretreatment Standard, the additional information required by paragraphs H. and I. of Section 913.05
(b)(2). The Discharger shall be informed of any proposed changes in the chapter at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the chapter shall include a reasonable time schedule for compliance.
(c) Reporting Requirements for Discharger.
(1) Compliance Date Report. Within ninety (90) days following the date for final compliance by the Discharger with applicable Pretreatment Standards set forth in this chapter or ninety (90) days following commencement of the introduction of wastewater into the Rocky River WWTP by a new Discharger, any Discharger subject to this chapter shall submit to the Control Authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional OM&R and/or pretreatment is necessary to bring the Discharger into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed as provided in paragraph (c)(4). of this section, and by a qualified engineer (licensed to practice in the State of Ohio). In addition to the above required information, for Industrial Dischargers subject to equivalent mass or concentration limits, this report shall contain a reasonable measure of such Discharger's long term production rate. For all other Industrial Dischargers subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the Discharger's actual production during the appropriate sampling period.
(2) Periodic Compliance Reports.
A. Any Discharger subject to Individual Wastewater Discharge Permits, after the effective date of such Permits, shall submit to the Control Authority according to the schedule included in the Permits, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards as set forth in the Permits. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the Discharger must submit documentation required by the Control Authority or the Pretreatment Standard necessary to determine the compliance status of the User.
In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in Section 913.05(c)(1), hereof. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Control Authority may accept reports of average and maximum flow estimated by verifiable techniques. The Control Authority, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports on months other than those specified above. This report shall be signed as provided in paragraph (c) (4) of this section.
B. Reports of Dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Control Authority. The frequency of monitoring by the discharger shall be as prescribed by the Pretreatment Coordinator and set forth in the Individual Wastewater Discharge Permits. All sampling and analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. (Comment: Where 40 CFR, 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 of the U.S. EPA.)
C. If sampling performed by an Industrial Discharger indicates a violation, the Discharger shall notify the Control Authority within twenty-four (24) hours of becoming aware of the violation. The Discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within thirty (30) days after becoming aware of the violation, except the Industrial Discharger is not required to resample if:
1. The Control Authority performs sampling at the Industrial Discharger at a frequency of at least once per month, or
2. The Control Authority performs sampling at the Discharger between the time when the Discharger performs its initial sampling and the time when the Discharger receives the results of this sampling.
D. Sampling. 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 Section 2. and 3. below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Control Authority. Where time-proportional composite sampling or grab sampling is authorized by the Control Authority, 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 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Control Authority, 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 90-day compliance reports required in (b) and (c)(1) [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Control Authority may authorize a lower minimum. For the reports required by paragraphs (c)(2) (40 CFR 403.12(e) and 403.12(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.
E. Monitoring Waiver. The Control Authority may authorize the Industrial User subject to a categorical Pretreatment Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User has 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 pollutant due to activities of the Industrial User. This Monitoring Waiver authorization is subject to the conditions in 40 CFR 403.12(e) (2) thru (e) (3) (iv).
(3) Notification of changed discharge. All Industrial Dischargers shall promptly notify the Control Authority 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 Industrial User has submitted initial notification under 40 CFR 403.12(p).
(4) Signatory requirements for Industrial Discharge Reports. The reports required by paragraphs (b)(2), (c)(1) and (c)(2) of this Section shall include the following certified statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or 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."
In addition, said reports shall be signed as follows:
A. By a responsible corporate officer, if the Industrial Discharger submitting the reports required by paragraphs (b)(2), (c)(1), and (c)(2), of this Section is a corporation. For the purpose of this paragraph, a responsible corporate officer means (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures, and if the manager has been assigned or delegated authority to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and of initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations, and if the manager is responsible for ensuring that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for the requirements of Pretreatment Standards, Individual permits, Local Limits, including BMP's and General Control Mechanisms.
B. By a general partner or proprietor if the Industrial Discharger submitting the reports required by paragraphs (b)(2), (c)(1), or (c)(2), of this section is a partnership or sole proprietorship respectively,
C. By a duly authorized representative of the individual designated in paragraphs (c)(4)A. or (c)(4)B. of this section if:
1. The authorization is made in writing by the individual described in paragraph (c)(4)A. or (c)(4)B.;
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the Control Authority.
D. If an authorization under paragraph (c)(4)C. of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company a new authorization satisfying the requirements of paragraph (c)(4)C. of this section must be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.
(d) General Control Mechanisms.
(1) At the discretion of the Control Authority, the Control Authority may use general control mechanisms to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general control mechanism must:
A. Involve the same or substantially similar types of operations;
B. Discharge the same types of wastes;
C. Require the same effluent limitations;
D. Require the same or similar monitoring; and
E. In the opinion of the Control Authority, are more appropriately controlled under a general control mechanism than under individual wastewater discharge permits.
(2) To be covered by the general control mechanism, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general control mechanism, any requests in accordance with Section 913.05 (c) (2) for a Monitoring Waiver for a pollutant neither present nor expected to be present in the Discharge, and any other information the POTW deems appropriate. A Monitoring Waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general control mechanism until after the Control Authority has provided written notice to the SIU that such a waiver request has been granted in accordance with Section 913.05 (c) (2).
3) The Control Authority will retain a copy of the general control mechanism, documentation to support the POTW's determination that a specific SIU meets the criteria in subsection (d)(1) above and applicable State regulations, and a copy of the SIU's written request for coverage for three (3) years after the expiration of the general control mechanism.
(4) The Control Authority may not control an SIU through a general control mechanism where the facility is subject to production-based categorical Pretreatment Standards or categorical Pretreatment Standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the Combined Wastestream Formula (40 CFR 403.6(e)) or Net/Gross calculations (40 CFR 403.15).
(e) Monitoring Facilities.
(1) Each Discharger shall provide and operate at the Discharger's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the Control Authority. Each monitoring facility shall be situated on the Discharger's premises, except where such location would be impractical or cause undue hardship on the Discharger, the City may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
(2) There shall be ample room in or near such sampling 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 Discharger.
(3) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within one hundred twenty (120) days of receipt of permit by Discharger.
(f) Inspection and Sampling. The Control Authority may inspect the monitoring facilities of any Discharger to determine compliance with the requirements of this chapter. The Discharger shall allow the Control Authority or its representatives, upon presentation of credentials of identification, to enter upon the premises of the Discharger at all reasonable hours, for the purposes of inspection, sampling, or records examination. The Control Authority 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.
(g) Confidential Information. Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits and monitoring programs, and from the Superintendent's inspection and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable Ohio law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 2012-129. Passed 12-6-12.)