(a) User Fee. For the purposes provided for in this Chapter 922, there is hereby levied a fee to be paid by every user required to obtain a wastewater discharge permit to discharge into the sanitary sewer system as set forth below. Such fees shall be payable upon the application for and/or the renewal of the permit.
(1) Insignificant user $75.00
(2) Minor significant user $100.00
(3) Major significant, non-categorical user $150.00
(4) Major significant, categorical user $200.00
(b) Wastewater Discharges. It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City or to the POTW without a permit issued by the Director.
(c) Wastewater Discharge Permits.
(1) General user permits; conditions. All industrial and commercial users proposing to discharge sewage, industrial wastes and other wastes to the POTW shall complete and file with the POTW a wastewater discharge permit application in the form prescribed by the Director and accompanied by the appropriate fee. No discharge permit shall be issued unless and until the following conditions have been met:
A. Disclosure of name, address and location of the user, and signature of a responsible corporate officer or an authorized representative of that individual or organization, which signature will also be expected on all required reporting.
B. Disclosure of all applicable Standard Industrial Classification (SIC) number(s) according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
C. Disclosure of potential wastewater constituents and characteristics, including, but not limited to, those mentioned in this chapter, and disclosure of time and duration of discharge and average daily flow rates. 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 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 elevations.
E. 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 City; 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 and maintenance activities or additional pretreatment is required for the user to comply with this chapter.
F. Where additional pretreatment or operation and maintenance activities will be required to comply with this chapter, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment or implementation of additional operational and maintenance activities. The schedule shall contain dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this chapter, including, but not limited to, dates relating to the hiring of personnel, completing preliminary and final plans, executing contracts, commencing construction, completing construction, and all other acts necessary to achieve compliance. Under no circumstance will the Director permit a time increment for any single step directed toward compliance which exceeds nine months. Not later than fourteen days following each date in the schedule, and the final date for compliance, the user shall submit a progress report to the POTW, including no less than a statement as to whether or not it complied with the increment of progress represented by that 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 approved schedule. In no event shall more than nine months elapse between such progress reports to the POTW.
G. Disclosures of the type and amount of raw materials utilized and of each product produced by type, amount, processes and rate of production.
The Director will evaluate the complete application and data furnished by the user and may require any additional information. Within thirty days after full evaluation and acceptance of the data furnished, the Director shall issue a wastewater discharge permit subject to terms and conditions provided herein.
(2) Building owner and multiple-user permits.
A. All owners of industrial and commercial buildings proposing to discharge sewage, industrial wastes and other wastes to the POTW shall complete a wastewater discharge permit application.
B. In those instances wherein multiple users are present, the owner and/or lessor of the property shall also be the industrial user and/or commercial user for all purposes contained in this chapter, irrespective of whether or not such owner and/or lessor is located in the multi-unit building. Prior to any discharge occurring, the owner and/or lessor of any multiple-user site shall obtain a discharge permit.
C. Owners, lessors and/or users shall complete, as defined herein, and file with the POTW, a permit application in the form prescribed by the Director and accompanied by the appropriate fee. No discharge permit shall be issued unless the following conditions have been met:
1. Disclosure of name, address and location of the user, and signature of a responsible corporate officer or an authorized representative of that individual or organization, which signature will also be expected on all required reporting.
2. Disclosure of names and addresses of each occupant in each building or multi-unit building and such other information as may be required from time to time by the POTW. Any change in occupancy shall be immediately reported to the POTW. Such information shall be an occupant's charge.
3. Disclosure of site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, floor drains, inspection manholes, sampling chambers and appurtenances by size, location and elevations.
4. All users within any multi-unit building are required to obtain a wastewater discharge permit as prescribed in this chapter.
5. In the event that a discharge occurs from any of the occupants and/or tenants of the multi-unit building, such discharge may be considered for all purposes herein as being the discharge of the owner, lessor, tenant and/or occupant and, as such, the owner, lessor, tenant and/or occupant shall be subject to the same rights and penalties as contained in this chapter.
(3) Permit modifications. The Director reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the user with applicable laws and regulations. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of each user subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. All national categorical pretreatment standards adopted after the promulgation of this chapter shall be adopted by the City as part of this chapter. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required herein, the user shall apply for a wastewater discharge permit from the POTW within 180 days after the promulgation of the applicable national categorical pretreatment standard by the U.S. EPA. In addition, the discharger with an existing wastewater discharge permit shall submit to the POTW within 180 days after the promulgation of an applicable national categorical standard, the information required herein. The user shall be informed of any proposed changes in his or her 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 the information required, including compliance dates.
(4) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter, and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:
A. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a sanitary sewer;
B. Limits on the minimum and maximum wastewater constituents and characteristics; including Best Management Practices, based on applicable pretreatment standards;
C. Limits on average and maximum wastewater 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 a reporting schedule;
F. Compliance schedules; BMPs;
G. Requirements for submission of technical reports or discharge reports;
H. Requirements for maintaining and retaining plant records relating wastewater discharge specified by the Director, and affording the Director access thereto;
I. Requirements for notification to the POTW 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 to control slug discharges, if determined by the Director to be necessary;
K. Other conditions as deemed appropriate by the Director to ensure compliance with this chapter;
L. BMP compliance documentation.
1. Dischargers subject to a BMP shall develop a BMP plan and submit it to the City for review and approval as specified in their wastewater discharge permit. The objective of this plan shall be to identify pollution prevention and wastewater reduction opportunities and to implement those opportunities that are technically and economically feasible.
2. Any discharger subject to a BMP may be required to self monitor their flow and analyze its characteristics as specified in their wastewater discharge permit. Costs for the monitoring and analyses shall be borne by the discharger. The City may exercise the right to require monitoring or analysis on an individual basis if the City becomes aware of increases in certain waste loadings.
3. Any discharger subject to a BMP shall submit to the City at the time of their permit renewal, unless required more frequently by the City, an annual report documenting compliance with the BMP plan as specified in their wastewater discharge permit. Costs for the monitoring and analysis (if any), and reporting shall be borne by the discharger.
(5) Permit duration. Wastewater discharge permits shall be issued for one year. A permit may be issued for a period less than one year, or may be stated to expired on a specific date. The user shall apply for permit reissuance prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Director during the term of the permit as limitations or requirements.
(6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation and location, and are not assignable to another user or location without the prior written approval of the Director.
(d) Reporting Requirements for Permittee.
(1) Baseline monitoring report (BMR). New sources and existing sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall submit a baseline monitoring report at least ninety days prior to commencement of the facility's discharge to the POTW. These reports are to include:
A. A list of environmental control permits held by the user;
B. A description of the user's operations, information on flow and amount of regulated pollutants discharged to the POTW;
C. A certification of whether the user is currently in compliance with the applicable categorical standard(s). For new sources, the user may provide estimates for the information on production, flow and the presence and quantity of regulated pollutants in its wastestream.
D. Where the categorical standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable pretreatment standard necessary to determine compliance status with the standard.
(2) Compliance date report. Within ninety days following the date for final compliance by the user with applicable pretreatment standards set forth in this chapter, any user subject to this chapter shall submit to the POTW 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 operating and maintenance 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 user, and certified to by a professional. For users subject to equivalent mass or concentration limits, the ninety-day compliance report must include a reasonable measure of the user's long-term production rate.
(3) Periodic compliance reports. All industrial users shall submit periodic compliance reports indicating the nature and concentration of pollutants in their discharge. The frequency of monitoring and reporting shall be as prescribed in the industrial user's wastewater discharge permit. Results of sampling above the minimum required shall also be reported if analyses were conducted according to methodology herein. These reports shall be certified and signed by an authorized representative of the discharger. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user.
(e) Monitoring Facilities.
(1) Construction of sampling manhole. When required by the Director, the owner or operator of any property served by a sewer or sewers shall install a suitable manhole or manholes together with such necessary meters and other appurtenances in the sewer(s) to facilitate inspection, sampling and flow measurement of each sewer's discharge from such premises. Such manholes, when required, shall be accessible and safely located. The manhole shall be installed by the owner or user at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times. Such manhole shall be provided by the owner within forty-five days after it has been required, and shall be constructed and designed as provided in accordance with plans approved by the Director.
(2) Monitoring equipment.
A. When required by the Director, the owner or user of any premises or facility discharging industrial wastes into the system shall install, at his or her own cost and expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.
B. The monitoring equipment shall be located and maintained on the user's premises outside of the building. When such a location would be impractical or cause undue hardship on the user, the Director may allow such facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over such street or sidewalk, and located so that it will not be obstructed by landscaping or parked vehicles.
C. When more than one user can discharge into a common sewer, the Director may require installation of separate monitoring equipment for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Director may require that separate monitoring facilities be installed for each separate discharge.
D. Whether construction on public or private property, the monitoring facilities shall be constructed in accordance with the Director's requirements and all applicable construction standards and specifications.
(f) Inspection and Sampling.
(1) Access for inspection. The Director shall inspect the facilities of any user to ascertain whether the purposes of this chapter are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Director ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling or records examination and copying, or in the performance of any of their duties to determine compliance with the requirements of this chapter. The Director or the 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.
(2) Periodic determination of wastewater strength. The strength of any water or wastes shall be determined monthly or quarterly in accordance with current billing procedure from samples taken at the manhole described herein, or at any period of time and in such manner as the Director may elect.
(3) Sampling procedures. All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined at the control manhole provided. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Compliance determinations with respect to the prohibitions and limitations stated in this chapter shall be made as determined by the Director or as stated in the wastewater discharge permit.
(4) 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.
A. Except as indicated in Paragraph B. and C. below, the user must collect wastewater samples using a 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized 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 C.F.R. 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 City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 922.07(d)(1) a minimum of four 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 data are available, the Superintendent may authorize a lower minimum. For the reports required by Section 922.07(d)(2), 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.
(5) Cost of sampling operations. The cost of sampling contemplated herein shall be charged to the industry, user or owner as the Director shall determine. However, the City shall look to the owner of the property for any amount which remains unpaid and which may be placed on the property as a lien to be collected in the same manner as other taxes. Normal operation of gauging and sampling of any manhole or any other point of discharge shall be the time required, as determined by the Director, to obtain representative samples of the effluent discharged. Cost shall be based on an hourly rate for the person sampling and any other cost that might be necessary to procure a representative sample.
A. Cost of analytical work performed. All costs for analytical tests which are performed by the POTW or any other testing facility at the POTW's discretion, and performed for an industry because of its discharge to a public sewer and to determine compliance, shall be borne by the owner or user being tested.
B. Cost of installation involving overtime. Where an industrial or commercial user discharges its effluent to a manhole or manholes, used as gauging and sampling points, and the effluent is of such volume and duration that installation of hydraulic equipment cannot be made until the user ceases its operation, by closedown, the costs of making the installation, involving overtime pay, shall be at the expense of the owner or user. If the plant or premises elects to make the hydraulic installations with their own personnel, the installations shall be set up in a manner approved by the Director. In the event that a period in excess of a standard five-day, forty-hour week is required for City personnel to properly gauge, sample and analyze the discharged effluent, the extra costs shall be at the expense of the owner or user.
(6) Laboratory testing methods. All measurements, tests and analyses of the characteristics of water and wastes shall be made in conformance with the EPA-approved methodology of 40 CFR 136.
(7) Sampling by industrial users. If sampling performed by an industrial user indicates a violation, the user shall notify the POTW within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within thirty days after becoming aware of the violation.
(8) Supplemental report requirement for industrial users. If an industrial user subject to reporting requirements monitors any pollutant more frequently than required by the Director using the procedures prescribed herein, the results of this monitoring shall be included in the report.
(g) Wastewater Metering Requirements. If water from wells, streams, reservoirs or other means is used instead of, or in addition to, water from the Municipal water distribution system, properly installed and maintained waste metering devices must be installed and operated by the user. The cost and installation of such waste metering in the sanitary sewer outlet of the premises shall be at the owner's or user's expense. Only waste meters approved and inspected by the Director shall be permissible.
(h) Conflict of Laboratory Results. In the event that analysis of wastes, determined by the sampling and gauging of wastes from an industry or user by City personnel, does not agree with an analysis of wastes from the industry or user, submitted by them to the POTW, a program of resampling and regauging, with subsequent chemical determinations, may be instituted as follows:
(1) The industry or user interested must submit a request for resampling and regauging, and subsequent chemical determinations of the wastes.
(2) The chemist or engineer employed by the industry or user responsible for the analysis submitted to the POTW shall confer with the Director. They shall first agree as to the length of the rerun and, as to the mediums to be employed to determine the flow and to sample the flow.
(3) The chemist or engineer engaged by the industry or user may be present during the resampling and regauging operation, and also in the POTW laboratory during the chemical determination of the analysis.
(4) The results of the analysis, determined from the quantity and quality of the flow, shall be considered the analysis of the wastes discharged to the POTW, or to a watercourse, by the industry or user, and the sewerage surcharge or penalties shall be determined from the strength of the wastes as reported in the analysis.
(5) In the event an analysis of wastes, determined from the routinely scheduled sampling and gauging of wastes from an industry or user, is not considered representative because of breakdown of manufacturing processes, or of treatment or pretreatment facilities during the operation, and such breakdown or conditions are accepted by the Director as legitimate reasons, the industry or user can request resampling or regauging of the wastes after the breakdowns are remedied. However, the industry or user shall agree to bear all costs of the resampling and regauging operation, plus the costs of analytical determinations. In such cases, the Director shall schedule the operation as soon as possible, but not to interfere with the rescheduled operations. All analytical results so found shall be current and no retroactive refunds shall be made for any differential in concentration established.
(6) It shall be assumed by the Director that any industry or user that has treatment or pretreatment facilities and any routinely scheduled sampling and gauging operations conducted at any time shall be considered representative. If in the course of several routinely scheduled sampling and gauging operations the industry or user claims that the results of such sampling and gauging are not representative because of breakdown or other interruption of the treatment or pretreatment facilities, then the Director shall assume that such facilities are in fact not being properly maintained and the results of the sampling and gauging operations shall be used for purposes of determining the sewerage surcharge or penalty, fully at the discretion of the Director, until such time as another routinely scheduled sampling and gauging operation shall be conducted.
(i) Metering and Gauging Equipment Approval. All metering and gauging equipment shall be approved by the Director. Equipment must be that currently used by the City, or its equivalent.
(Ord. 91-65. Passed 1-21-91; Ord. 2010-46. Passed 11-16-10; Ord. 2014-19. Passed 4-1-14.)