(a) Wastewater Dischargers. It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the Village, and/or to the POTW without having first complied with terms of this chapter.
(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 90 days after the effective date of this chapter.
(2) Baseline report. Industrial dischargers shall complete and file with the Village and the Lucas County Sanitary Engineer, a baseline report in the form prescribed by the Village. Existing industrial dischargers shall file a baseline report within 30 days after the effective date of this chapter, and proposed new dischargers shall file a baseline report at least 90 days prior to connecting to the POTW. The report to be made by the discharger shall be made on written forms provided by the Village and the Lucas County Sanitary Engineer and shall cover:
A. Name, address and location of the discharger;
B. Standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
C. Wastewater constituents and characteristics including but not limited to those mentioned in this chapter, including Appendices A and B as appropriate, as determined by bonafide chemical and biological analyses. 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. Time and duration of discharges;
E. 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 Village due to cost or nonfeasibility;
F. Provide a schematic process diagram which indicates points of discharge to the POTW from the regulated process;
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 of the Village;
H. 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 and maintenance activities and/or additional pretreatment is required for the discharger to comply with this chapter;
I. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a schedule of compliance of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance 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 Village permit a time increment for any single step directed toward compliance which exceeds 9 months.
3. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the Village, including no less than a statement as to whether or not it complied 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 the construction to the approved schedule. In no event shall more than 9 months elapse between such progress reports to the Village;
J. The average rate of production;
K. The type and amount of raw materials utilized (average and maximum per day);
L. All baseline reports shall be signed by a principal executive officer of the discharger;
M. All sewers shall have an inspection and sampling manhole or structure (with an opening of no less than 24 inches diameter and an internal diameter of no less than 36 inches) containing flow measuring, recording and sampling equipment as required by the Village to assure compliance with this chapter.
The Village will evaluate the complete baseline report and data furnished by the discharger and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the Village shall notify the discharger of the Village’s acceptance thereof. The Village shall issue orders to the community where the discharger is located outlining the effluent limitations and monitoring requirements.
(3) Standards modification. The Village reserves the right to amend this chapter and the terms and conditions thereof in order to assure compliance by the Village with applicable laws and regulations. Within 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. All national categorical pretreatment standards adopted after the promulgation of this chapter shall be adopted by the Village as part of this chapter. Where a discharger, subject to a national categorical pretreatment standard, has not previously submitted a baseline report as required by subsection (b)(2) hereof, the discharger shall file a baseline report with the Village within 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 baseline report shall submit to the Village within 180 days after the promulgation of an applicable national categorical pretreatment standard, the additional information required by subsection (b)(2) hereof. The discharger shall be informed of any proposed changes in the chapter at least 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 report. Within 90 days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this chapter or 90 days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to the chapter shall submit to the Village 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 O&M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger.
(2) Periodic compliance reports.
A. Any discharger subject to a pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or, in the case of a new discharger, after commencement of the discharge to the County, shall submit to the Village during the months of June and December, unless required more frequently by the Village, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Village may accept reports of average and maximum flows estimated by verifiable techniques. The Village 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.
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 Village. The frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard of this chapter. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. 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.
(d) Monitoring Facilities. 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. Each monitoring facility shall be situated on the discharger’s premises, except where such a location would be impractical or cause undue hardship on the discharger, the Village 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.
There should 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.
All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of permit by discharger.
(e) Inspection and Sampling. The Village may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the Village or its representatives to enter upon the premises of the discharger at all reasonable hours, for the purpose of inspection, sampling or records examination. The Village 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.
(f) Confidential Information. Information and data furnished to the Village with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the Village that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
When requested by a discharger furnishing a report, the portions of a report which may 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 chapter, the 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 discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the County as confidential shall not be transmitted to any governmental agency or to the general public by the Village until and unless a 10-day notification is given to the discharger.
(Ord. 9-89. Passed 6-20-89.)