(a) Wastewater Dischargers. It shall be unlawful to discharge sewage, industrial wastes, or other wastes in excess of the background concentrations, without first obtaining an individual wastewater discharge permit or a general wastewater discharge permit to any sewer within the jurisdiction of the City and/or the POTW. It shall be unlawful to discharge sewage, industrial wastes, or other wastes in excess of supplementary limitations. It shall be unlawful to discharge to navigable wasters of the United States without a State of Ohio EPA or USEPA NPDES permit.
(b) Wastewater Discharge Permits. All significant industrial users (SIU), as required by the Director, proposing to connect to or to discharge sewage, industrial wastes, and/or other wastes to the POTW shall obtain from the Director a wastewater discharge permit before connection to or discharging to the POTW. All existing significant industrial users connected to or discharging to the POTW shall obtain from the Director a wastewater discharge permit as directed by the Director. This requirement shall not apply to dischargers classified by the Director as non-significant industries or dischargers other than industrial dischargers unless required by the Director. Industries subject to national pretreatment standards, which dispose of wastewater off site, shall obtain a discharge permit specifying “No Discharge” and meeting the requirements of penalty. See Section 923.99.
(c) Permit Application and Conditions.
(1) SIU shall complete and file with the Director, a permit application and a wastewater discharge disclosure declaration therefore in the form prescribed by the Director, and accompanied by an appropriate fee, if any. Proposed new dischargers shall apply at least ninety (90) days prior to connecting to the POTW. Any non-significant industry, which, via changes in process or facilities use, will cease to be a non-significant industry, shall apply for a permit within ninety (90) days prior to the change. Fees and charges for initial permits shall be established from time-to-time by the Director. The following permit conditions shall apply to all permits as a condition precedent to issuance:
A. Shall include the limits on the average and maximum wastewater constituents and characteristics regulated thereby including categorical pretreatment standards, local limitations, and state and local law. Permits may include a limit on total flow. An increase in flow greater than twenty-five percent of the permitted flow requires prior written approval of the City. The Director may develop Best Management Practices (BMP's) by ordinance or in individual wastewater discharge permits, to implement local limitations and the requirements of Section 923.11.
(2) Shall include the requirements for installation and maintenance of inspection and sampling facilities.
(3) Shall include special conditions as the City through the Director may reasonably require under particular circumstances of a given discharge including self-monitoring, sampling locations, frequency of sampling, number, types, and standards for tests’ reporting schedule, and notification and recordkeeping requirements.
(4) May include compliance schedules.
(5) May include those requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this section.
(6) All wastewater discharge permits are issued to a specific discharger for a specific operation and period of time. Permits are not assignable or transferable to another discharger or location without the prior notification of the POTW and written approval of the Director.
(7) Shall include statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.
(d) Each application shall include:
(1) The name, address, and location of the discharger;
(2) The Standard Industrial Classification (SIC) number of the applicant according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended;
(3) The wastewater constituents and characteristics, including, but not limited to, those mentioned in this section, in the anticipated discharge as determined by bona fide 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;
(4) The anticipated time and duration of discharges, the average and peak flows, and seasonal variations, if any;
(5) Provide, if requested, 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 of the applicants premises;
(6) A description of the activities, facilities and plan processes on the premises including all materials which are discharged to the sewage system and their discharge points in the applicant, sewer collection system;
(7) Disclosure of product by type, amount, process or processes and rate of production as requested;
(8) Disclosure of the type and amount of raw materials utilized as requested;
(9) Provide, if requested, all waste manifests or approved summary sheets and material safety data sheets;
(10) All permit applicants for new or modified permits shall be signed by an authorized representative of the discharger and all renewal applicants for existing permits shall be signed by an authorized representative of the discharger;
(11) All dischargers required to submit baseline monitoring reports shall provide the information for permit application or modification according to 40 CFR 403.12 as currently promulgated or as subsequently amended or modified.
The City shall evaluate the completed application and data furnished by the discharger and may require at that time additional information. Upon review, the City may issue a wastewater discharge permit.
(e) Permit Modifications.
(1) The City reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the City with applicable laws and regulations. All national categorical pretreatment standards adopted after the promulgation of this section shall without further action by the City become part of this section upon their effective date. A discharger with an existing wastewater discharge permit shall submit to the City within 180 days after the promulgation of an applicable national categorical pretreatment standard, the amended information required by this chapter. New source dischargers shall submit to the City at least ninety (90) days prior to commencement of discharge the amended information required by this chapter. The discharger shall be informed of any proposed changes in this permit at least thirty (30) days prior to the effective date of change in such permit. Any changes or new conditions in the permit shall include a reasonable time scheduled for compliance.
(2) The Director may at any time, on its own initiative or in response to a petition received from an SIU, determine that a non-categorical industrial user is not a significant industrial user if the industrial user has not reasonable potential to adversely affect the POTW’s operation in the opinion of the City or for violating any pretreatment standard or requirement.
(3) Except for the case of centralized waste treatment facilities regulated by and defined in 40 CFR 437, the Director may authorize a SIU subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the SIU 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 increase in the pollutant due to activities of the SIU. This authorization is subject to the following conditions:
A. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
B. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The SIU must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
C. In making a demonstration that a pollutant is not present, the SIU must provide data from at least one sampling of the facility's processed wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
D. The request for a monitoring waiver must be signed by an authorized representative of the discharger.
E. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the U.S. EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
F. Any grant of the monitoring waiver by the Director must be included as a condition in the SIU's permit. The reasons supporting the waiver and any information submitted by the SIU in its request for the waiver must be maintained by the Director for three (3) years after expiration of the waiver.
G. Upon approval of the monitoring waiver and revision of the SIU's permit by the Director, the SIU must certify on each report the following statement, establishing that there has been no increase in the pollutant in its waste stream due to activities of the SIU:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 CFR specify applicable national pretreatment standard part or parts, I certify that, to the best of my knowledge and belief, there has been no increase in the level of list pollutant or pollutants in the wastewaters due to the activities at the facility since submittal of the last periodic report under Paragraph (e) of Rule 3745-3-06 of the Administrative Code”.
H. 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 SIU's operations, the SIU must immediately notify the Director in writing and start monitoring that pollutant at the frequency specified by the applicable pretreatment standard.
I. Monitoring waivers do not apply to pollutants where there are certification processes and requirements established by the Control Authority or by Categorical Pretreatment Standards (e.g., TOMP/Certification Alternative to Total Toxic Organics Monitoring) unless allowed for by the applicable Categorical Pretreatment Standard.
J. This waiver applies only to SIU Self-Monitoring and does not remove the Director’s obligation to monitor for the parameter. However, this waiver can be extended to monitoring completed by the Director in order to satisfy SIU self-monitoring.
(f) Permit Duration. New and modified wastewater discharge permits shall be issued fora specific time period, not to exceed five years. The discharger shall apply for permit reissuance a minimum of 180 days prior to the expiration of the existing permit.
(g) Compliance schedules.
(1) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this section, 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 and maintenance activities. 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 or categorical pretreatment standard 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, start-up of operations, and all other acts necessary to achieve compliance with this chapter.
(2) Upon completing final plans all required permits shall be obtained by the discharger.
If required by Ohio EPA, a permit to install shall be obtained by the discharger prior to construction. Final plans shall be signed by an authorized representative of the discharger and certified to by a qualified engineer who is a licensed professional.
(3) Under no circumstances shall the City permit a time increment in the compliance schedule for any single step directed toward compliance, which exceeds nine months.
(4) Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City, 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 nine months elapse between such progress reports to the City.
(h) General Wastewater Discharge Permits.
(1) The Director may issue a general permit to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:
A. Have the same or substantially similar types of operations;
B. Discharge the same types of wastes;
C. Require the same effluent limitations; and
D. Require the same or similar monitoring.
E. In the opinion of the Director, be more appropriately controlled under a general permit that under individual wastewater discharge permits.
(2) The Director may not issue a general permit for dischargers that are subject to production-based categorical pretreatment standards, categorical pretreatment standards expressed as mass of pollutant discharged per day or industrial users whose limits are based on the combined waste stream formula or net/gross calculations.
(3) To be covered by a general control mechanism, the SIU is required to file a written request for coverage to the Director that identifies:
A. SIU’s contact information;
B. SIU’s production processes;
C. The types of waste generated;
D. The location of monitoring all wastes to be covered by the control mechanism;
E. Any requests for a monitoring waiver for any pollutant not present; and
F. Any other information requested by the Director.
(4) A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Director has provided written notice to the SIU that such a waiver request has been granted in accordance with Section 923.17. The Director shall retain a copy of the general control mechanism, documentation to support the Director’s determination that a specific SIU meets the criteria listed above and a copy of the SIU’s written request for coverage for three (3) years after the expiration of the control mechanism.
(Ord. 15-123. Passed 11-23-15.)