[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
The purposes of Article V are:
(1)
To establish uniform requirements for direct and indirect contributors
into the wastewater collection and treatment system and to enable
the POTW to comply with applicable state and federal laws and the
general pretreatment regulations (40 CFR, Part 403);
(2)
To prevent the introduction of pollutants into the POTW which
will:
a.
Interfere with the operation of the system;
b.
Cause the POTW to violate its NPDES discharge permit;
c.
Contaminate the sludge;
d.
Pass through the system, inadequately treated, into receiving
waters or the atmosphere;
e.
Pose a health threat to sewer workers; or
f.
Be otherwise incompatible with the system.
(3)
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system; and
(4)
To provide for equitable distribution of the cost of the municipal
wastewater system.
(b)
Future conditions imposed on the control authority by jurisdictional
government agencies may require subsequent amendments of this chapter
or rules and regulations adopted hereunder by the control authority.
Where federal or state promulgated categorical pretreatment standards
require limits more stringent than those specified in this chapter,
the state and federal limits shall have precedence and take effect
with respect to the applicable user on the latter of:
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
The City shall have the right to establish any standard or prohibition
as long as it is as restrictive or more restrictive than any federal
or state requirements.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008; 1-17-2018 by Ord. No.
1719; amended 12-4-2019 by Ord. No. 1776]
(a)
Generally.
(1)
It shall be unlawful to discharge any wastewater to the POTW
except in accordance with the provisions of this section.
(2)
No user shall contribute or cause to be contributed, directly
or indirectly to the POTW, any pollutant or wastewater which will
pass-through or cause interference with the operation or performance
of the POTW.
(3)
No person shall discharge or cause to be discharged to any public
sewer any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water, unpolluted air-conditioning water or unpolluted
industrial process water. No footing drain, roof downspout, areaway
drain or other source of surface water or groundwater shall be connected
to a public sewer. All footing drain water shall be discharged to
storm sewers or dry wells. Stormwater and all other unpolluted drainage
shall be discharged to sewers specifically designated as storm sewers,
or to a natural outlet approved by the EGLE. The discharge of cooling
water or unpolluted industrial process water shall only be permitted
when an NPDES permit cannot be obtained and no other discharge option
exists.
(b)
Prohibited. No user shall contribute the following substances to
the POTW:
(1)
Any substances which by reason of their nature or quantity may
create a fire or explosion hazard or be injurious to the POTW or to
the operation of the POTW, including but not limited to, waste streams
with a closed cup flash point of less than 140° F. or 60°
C. using the test methods specified in 40 CFR 261.21.
(2)
Any solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the POTW such as, but not limited to: grease, garbage with particles
greater than 1/2 inch in any dimension, or any material which can
be disposed of as trash.
(3)
Any wastewater having a pH less than six or greater than 11.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment, or personnel of the POTW.
(4)
Any substance which may cause a public nuisance, cause hazard
to life or prevent entry into the sewers for maintenance and repair.
(5)
Heat in amounts which will inhibit biological activity in the
POTW resulting in interference, but in no case heat in such quantities
that the temperature at the POTW exceeds 40° C. 104° F.
(6)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(7)
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(8)
Any trucked or hauled pollutants, except at discharge points
and as otherwise designated by the control authority.
(9)
Any pollutant, including oxygen demanding pollutants released
in a discharge at a flow rate and or concentration (including any
slug discharge), which may cause interference to the POTW.
(10)
Any of the following toxic pollutants: (a) those pollutants
listed on the current critical materials register prepared pursuant
to Section 66 of the Water Resources Commission Act (MCL § 323.1
et. seq.)[1] by the Michigan Water Resources Commission or its successors, and (b) those pollutants identified by the HBPW as a "toxic pollutant" by amendment to this section. If a pollutant is specifically allowed by the HBPW, Section 29-49(b)(14) or categorical pretreatment standards, then the above subsection does not apply.
[1]
Editor's Note: Said Act was repealed by P.A. 1994, No. 451,
§ 90101, effective 3-30-1995. See now MCLA § 324.3101 et
seq.
(11)
Any toxic substances in amounts exceeding standards promulgated
by the administrator of the United States Environmental Protection
Agency pursuant to Section 307(a) of the Federal Water Pollution Act
of 1972, as amended [33 U.S.C. § 1317(a)].
(12)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the control authority in compliance
with applicable state or federal regulations.
(13)
Any discoloration other than the color of normal strength domestic
waste, including, but not limited to, dyes, inks and vegetable tanning
solutions which singularly or in conjunction with other waste constituents
is deleterious to treatment and/or sludge disposal practices or a
hazard to the POTW and its employees.
(14)
Any wastewater discharge with a monthly average hydrogen sulfide
gas concentration above the NIOSH Recommended Exposure Limit (10 ppm)
and/or with a peak hydrogen sulfide gas concentration above the NIOSH
Immediately Dangerous to Life and Health limit (100 ppm) without approval
of the control authority. Approval of the control authority for alternate
limits will be subject to the following:
a.
Submittal of an acceptable health and safety plan that sufficiently
outlines procedures for the safe access of the impacted site and sanitary
sewer;
b.
Demonstration that the discharge will not create nuisance odors;
and
c.
Completion of any improvements to the sanitary sewer system (at user's
expense) determined necessary by the control authority in order to
prevent increased corrosion due to the elevated hydrogen sulfide concentrations.
(15)
Any unused pharmaceuticals (both over-the-counter and prescription-only
medications).
(16)
Any wastewater having effluent characteristics in excess of:
|
Table 1
Prohibited Pollutants
| |
|---|---|
|
Daily Maximum Allowable Concentration mg/l
| |
|
Organics
| |
|
Acetone
|
170
|
|
Benzene
|
0.16
|
|
Methyl Ethyl Ketone
|
120
|
|
Chloroethane
|
1.8
|
|
Chloromethane
|
1.2
|
|
Chloroform
|
0.64
|
|
Dibromochloromethane
|
0.086
|
|
1,4-Dichlorobenzene
|
0.40
|
|
1,1-Dichloroethane
|
8.3
|
|
1,1-Dichloroethylene
|
1.4
|
|
cis-1,2-Dichloroethylene
|
2.9
|
|
trans-1,2-Dichloroethylene
|
2.8
|
|
Diethyl Ether
|
21
|
|
Ethyl Benzene
|
0.44
|
|
Lindane
|
0.00038
|
|
4-Methyl-2-Pentanone
|
20
|
|
Methylene Chloride
|
0.66
|
|
Styrene
|
0.29
|
|
Tetrachloroethylene
|
0.050
|
|
Toluene
|
3.5
|
|
1,1,1-Trichloroethane
|
1
|
|
Trichloroethylene
|
0.34
|
|
1,2,4-Trimethylbenzene
|
0.50
|
|
Xylenes, Total
|
0.91
|
|
Phenols, Total
|
0.90
|
|
Metals
| |
|
Arsenic
|
0.12
|
|
Cadmium
|
0.059
|
|
Chromium
|
1.3
|
|
Copper
|
1.3
|
|
Cyanide, Amenable
|
0.083
|
|
Lead
|
1.1
|
|
Lithium
|
2.9
|
|
Mercury
|
See 29-49(b)(17)
|
|
Molybdenum
|
0.28
|
|
Nickel
|
0.865
|
|
Selenium
|
0.10
|
|
Silver
|
0.037
|
|
Zinc
|
4.2
|
|
Compatibles
| |
|
Grease & Oil (Nonpolar Fraction)
|
200
|
(17)
Except as provided in Section 29-49(c), there shall be no detectable amounts of mercury discharged into the POTW. The local discharge limitation for mercury is established at the method detection limit (MDL) in accordance with the following:
Mercury sampling procedures, preservation and handling, and
analytical protocol for compliance monitoring shall be in accordance
with EPA Method 245.1. The MDL, developed in accordance with the procedure
specified in 40 CFR Part 136 shall not exceed 0.2 ug/L for mercury,
unless higher levels are appropriate due to matrix interference.
The evaluation of potential matrix interference(s) shall include,
at a minimum, the following:
a.
A demonstration that the laboratory conducting the analysis
is capable of achieving the MDL of 0.2 ug/L in reagent water;
b.
A demonstration that the MDL of 0.2 ug/L cannot be achieved
in the effluent; and
c.
A demonstration that an attempt has been made to resolve the
matrix interference(s).
In cases where true matrix interference(s) can be demonstrated,
a discharge-specific MDL will be developed in accordance with the
procedure in 40 CFR Part 136. Discharge-specific MDLs will be incorporated
into the wastewater discharge permit of the nondomestic user.
|
Mercury Reduction Plans
|
|
To ensure that the maximum allowable mercury loading to the
POTW is not exceeded, the control authority may require any nondomestic
user with a reasonable potential to discharge mercury to develop,
submit for approval and implement a Mercury Reduction Plan (MRP).
The MRP may be required by permit if the nondomestic user has not
violated the local limit for mercury, but the control authority has
determined that a reasonable potential for such a violation may exist.
MRPs may be required in notices of violations, orders or other enforcement
actions when the nondomestic user has violated the mercury local limit.
At a minimum, an approvable MRP shall contain the following:
|
a)
A written commitment by the nondomestic user to reduce all nondomestic
discharges of mercury to levels below the MDL within a time frame
approved by the control authority;
b)
Within 60 days of notification by the control authority that
a MRP is required, the nondomestic user shall supply an initial identification
of all potential sources of mercury which could be discharged to the
POTW;
c)
Specific strategies for mercury reduction with reasonable time
frames for implementation, capable of ensuring that mercury discharges
will be below the specified MDL within a time frame approved by the
control authority;
d)
A program for sampling and analysis of the nondomestic discharge
for mercury in accordance with [EPA Method] 245.1 methods;
e)
A demonstration of specific, measurable and/or otherwise quantifiable
mercury reductions consistent with the goal of reducing mercury discharges
below the specified MDL. Where such reductions cannot be demonstrated
through normal effluent monitoring (e.g., mercury discharges are already
near MDL), the demonstration should incorporate the following:
1)
Internal process monitoring, documenting the results of mercury
reduction strategies at sampling locations within the facility (e.g.,
a program of regular monitoring of sink traps where mercury-containing
reagents had previously been disposed, but have since been substituted
by non-mercury-containing compounds);
2)
Internal and/or effluent sampling utilizing clean and/or ultra-clean
sampling and analytical methods as referenced by USEPA Federal Register.
Note that the results of such monitoring will not be used for compliance
purposes unless performed in accordance with EPA Method 245.1 and
collected at the appropriate compliance measurement location.
3)
Loading calculations wherein the nondomestic user calculates
the total mass of mercury reduced from the sanitary sewer discharge
through reagent substitutions, changes in disposal practices and/or
other approved MRP strategies implemented.
f)
A semiannual report on the status of the mercury reduction efforts.
At a minimum, these reports shall:
1)
Identify compliance or noncompliance with specific reduction commitments
in the MRP;
2)
Summarize the analytical, mass-based or other quantifiable demonstrations
of mercury reductions performed to date;
3)
Provide all applicable analytical data;
4)
Provide an evaluation of the effectiveness of actions taken to date;
5)
Provide updates to the initial list of mercury-containing compounds
discharged to the sanitary sewer; and
6)
Propose for approval new strategies and/or modifications to the current
MRP to continue and improve mercury reduction efforts.
g)
Any other conditions that the control authority deems necessary
to ensure that mercury reduction efforts are effective in achieving
the goals of this section.
Failure to submit an approvable MRP within 30 days of the required
due date shall constitute significant noncompliance in accordance
with this section, and will result in publication as a significant
violator, in addition to other possible enforcement action.
An MRP may be evaluated for adequacy at any time by the control
authority. If such an evaluation determines that the Mercury Reduction
Plan is inadequate, or the nondomestic user has not complied with
its approved MRP, the nondomestic user will be notified. Failure to
comply with the MRP requirement constitutes noncompliance. The control
authority will follow its Enforcement Response Plan (ERP) to ensure
that corrective actions are taken.
A nondomestic user may request a release from MRP requirements
if (i) all samples of the discharge for a period of one year are less
than the specified MDL; (ii) the nondomestic user has complied with
the minimum monitoring frequency of quarterly sampling events; and
(iii) the control authority deems that MRP commitments have been fulfilled
sufficiently to ensure continued compliance with the mercury limitation.
The control authority shall notify the nondomestic user of any release
from MRP requirements in writing.
If the MRP requirement is waived by the control authority, the
nondomestic user remains subject to the local limitation for mercury
in accordance with the requirements of this section.
Re-discovery of mercury in the nondomestic user discharge subjects
said user to the submission of a new MRP, or escalation of enforcement
in accordance with the ERP.
(18)
Any wastewater containing more of the substances referenced in Table 2, unless permitted by special discharge allocation under Section 29-50.
In addition to the limits in Table 2, any discharge that, in
the judgment of the control authority, would contribute a significant
amount of these substances, regardless of mg/l concentration, shall
be prohibited except by special discharge allocation.
|
Table 2
Compatible Pollutants
| |||
|---|---|---|---|
|
Daily Maximum mg/l
|
Daily Maximum Pounds per Day
| ||
|
Biochemical Oxygen Demand (BOD)
|
1,000*
|
and
|
40*
|
|
Chemical Oxygen Demand (COD)
|
2,000*
|
and
|
80*
|
|
Total Suspended Solids (TSS)
|
1,400*
|
and
|
100*
|
|
Total Phosphorus (TP)
|
25*
|
and
|
1*
|
|
Chlorides
|
3,200*
|
and
|
100*
|
|
Grease & Oil (Polar Fraction)
|
150*
|
and
|
5*
|
|
*
|
Or as approved by the Michigan EGLE in accordance with the control
authority's approved procedures, with any change in such approved
amounts being effective upon publication by the control authority
in a daily newspaper of general circulation in the Holland area.
|
|
The control authority reserves the right to use COD sampling and testing for BOD special discharge allocations (see Section 29-50) and surcharges (see Section 29-51). In the event that COD is used for this purpose, the conversion to BOD shall be based on a site-specific COD/BOD ratio. The ratio used for this purpose shall be calculated based on a short-term demonstration using a minimum of five samples. The demonstration shall be performed at least every 24 months to check for any changes in the site-specific COD/BOD ratio.
|
(c)
Dental amalgam.
(1)
In accordance with MCLA § 333.16631 of Act 368 and
the provisions of the Michigan Administrative Code, this section applies
to a dentist who uses dental amalgam and to a dentist who removes
dental amalgam. This section does not apply to any of the following:
a.
Oral and maxillofacial surgeons.
b.
Oral and maxillofacial radiologists.
c.
Oral pathologists.
d.
Orthodontists.
e.
Periodontists.
f.
Dentists providing services in a dental school, in a hospital,
or through a local health department.
g.
Dentists who install and use a holding tank and do not discharge
amalgam waste.
(2)
On or before December 21, 2013, a dentist shall install, or
shall have installed, an amalgam separator on each wastewater drain
in his or her dental office that is used to discharge dental amalgam
waste. A dentist who is required to install an amalgam separator shall
comply with all of the following pursuant to Michigan Administrative
Code R 338.11811:
a.
Install an amalgam separator that meets the requirements of
Michigan Administrative Code R 338.11813.
b.
Install, operate, and maintain the amalgam separator according
to the manufacturer's instructions.
c.
Ensure the installed amalgam separator is properly sized to
accommodate maximum dental amalgam wastewater flow rates at the dental
office. The maximum allowable flow rate through an amalgam separator
at a dental office shall not exceed the maximum flow rate capacity
at which the amalgam separator was tested under Michigan Administrative
Code R 338.11813(1)(a).
d.
Ensure that all wastewater from the dental office containing
dental amalgam waste passes through an installed and properly functioning
and maintained amalgam separator before being discharged.
(3)
A dentist who is subject to the provisions of Michigan Administrative
Code R 338.11811 shall maintain records at his or her dental office
that include all of the following:
a.
Type of amalgam separator installed, including the manufacturer
and model.
b.
Date the amalgam separator became operational.
c.
Documentation verifying the amalgam separator meets the requirements
of Michigan Administrative Code R 338.11813.
d.
Documentation of the manufacturer's instructions for the operation
and maintenance of the amalgam separator.
f.
Documentation verifying that the dentist disposed of and recycled
any dental amalgam waste that was generated from the individual's
dental office consistent with the requirements of Michigan Administrative
Code R 338.11815 and R 338.11817(1)(f). The documentation shall be
in accordance with R 338.11813(1)(f).
(4)
The records required under Section 29-49(c)(3) shall be provided upon request to the control authority.
(5)
All records required under Section 29-49(c)(3) of this rule shall be retained for a minimum of three years.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008; Ord. No. 1570, 11-2-2011; amended 12-4-2019 by Ord. No. 1776]
A nondomestic user (user) may, at the time of application for a wastewater discharge permit, or by a special discharge allocation permit application, request that the uniform concentration limits for BOD or COD, TSS, phosphorus, and grease and oil (polar fraction) be increased above concentrations listed in Table 2 (Section 29-49) for that permit. Such special discharge allocation shall be expressed as total daily pounds of pollutant discharged. A user's special discharge allocation shall be determined using rules and regulations established by the control authority and in accordance with procedures approved by the EGLE. The rules and regulations of the control authority shall be available for inspection at 42 South River Avenue, Holland, Michigan 49423, and shall be posted on the website of the BPW.
The control authority reserves the right to reduce or deny special
discharge allocations if total pollutant discharges near or reach
the MAHLs set forth in Table 3. The control authority reserves the
right to amend the MAHLs set forth in Table 3 at its discretion. The
special discharge allocation must not result in the POTW (including
the collection system) receiving pollutants in excess of its ability
to convey or treat.
A user which requests a special discharge allocation through
the permit application process must sign a written acknowledgment
whereby the user consents to comply with all terms and conditions
which may be imposed by the control authority. Such acknowledgement
shall be in a form provided by the control authority, and must be
executed by an authorized representative of the user and be received
by the control authority before any special discharge allocation is
effective. The user shall be charged for the special discharge allocation
as determined by the adopted rate schedule. Notwithstanding the foregoing,
payment of the plant capacity portion of the surcharge rate shall
not confer any right to any particular amount of capacity in future
periods. In addition, the control authority reserves the right to
institute a review of any previously permitted special discharge allocation
at any time, pursuant to which the control authority, in its discretion,
upon notice and the opportunity for hearing, may reduce or eliminate
a user's previously permitted or approved special discharge allocation
(including, in particular, but not limited to, any allocation amount
for which a user has previously paid the physical plant capacity component
of the surcharge but not the operation and maintenance component of
the surcharge).
Any discharge in excess of the amount permitted by the special discharge allocation is prohibited and is therefore a violation of Section 29-49 and the user's wastewater discharge permit. In addition, a user shall pay the full surcharge rate (the plant capacity component and the operation and maintenance component) for any amount discharged in excess of the amount permitted by a special discharge allocation.
|
EGLE
|
|
Table 3
| |
|---|---|
|
Maximum Allowable Headworks Loading (MAHL)
| |
|
Pounds per Day
| |
|
Biochemical Oxygen Demand (BOD)
|
57,900*
|
|
Chemical Oxygen Demand (COD)
|
115,800**
|
|
Total Suspended Solids
|
50,000*
|
|
Total Phosphorus
|
830*
|
|
Grease & Oil (Polar Fraction)
|
5,451*
|
|
*
|
Or the maximum pounds approved by the EGLE in accordance with
the control authority's approved procedures, with any change in such
approved amounts being effective upon publication by the control authority
in a daily newspaper of general circulation in the Holland area.
|
|
**
|
The MAHL for COD is calculated using the historical influent
COD/BOD ratio of 2:1.
|
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
All nondomestic users of the POTW shall pay a surcharge for
the discharge of sewage or waste containing more of the pollutant
as referenced in Table 4, with the exception that a surcharge can
be made for either BOD5 or COD, whichever is
the greater dollar cost, but not for both.
|
Table 4
| |
|---|---|
|
Pollutant
|
Surcharge Above
|
|
BOD5
|
250 mg/l
|
|
COD
|
500 mg/l
|
|
Total suspended solids
|
250 mg/l
|
|
Phosphorus
|
5 mg/l
|
|
Grease and oil (polar fraction)
|
50 mg/l*
|
|
*
|
Surcharges for grease and oil (polar fraction) will be applied
only if a user has received a special discharge allocation for grease
and oil (polar fraction). Any users discharging above 50 mg/l may
be required to submit grease trap maintenance records.
|
|
Surcharge rates shall be established periodically by the control
authority. To determine the amount of the surcharge for any particular
user, the control authority shall collect samples at a predetermined
frequency and apply the surcharge rate to the analytical results of
such samples. In the alternative, with the prior approval of the control
authority, the user may utilize an independent company to take such
samples, at the user's expense, under conditions and standards determined
to be acceptable by the control authority. The surcharge shall be
calculated and billed at a frequency determined by the control authority.
Any surcharge billing not paid when due shall be a violation of this
chapter.
|
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
Industrial users shall provide necessary wastewater treatment as
required to comply with the most stringent requirement of this chapter,
or federal pretreatment standards as established by 40 CFR Chapter
N, Subpart I, or state standards or wastewater discharge permit conditions,
and shall achieve compliance with all National Categorical Pretreatment
Standards within the time limitations as specified by the federal
pretreatment regulations, and with any other pretreatment standards
by applicable deadlines.
(b)
Any facilities required to pretreat wastewater 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 control authority for review, and shall be approved by the
control authority before construction of the facility. The review
and approval of plans and operating procedures does not relieve the
industrial user from complying with the provisions of this chapter
and wastewater discharge permit conditions. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and approved by the control authority prior to the industrial user's
initiation of the changes.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
No user shall increase the use of process water, or in any other
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with concentration limitations
as established herein or any pretreatment standard or requirement.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
Nondomestic users shall provide protection from accidental discharge
of materials which may interfere with the POTW by developing spill
prevention plans. Facilities necessary to implement these plans shall
be provided and maintained at the owner's or user's expense. Spill
prevention plans, including the facilities and the operating procedures
shall be approved by the control authority before construction of
the facility.
(b)
Nondomestic users that store hazardous substances shall not contribute
to the POTW after the effective date of this chapter unless a spill
prevention plan has been approved by the control authority. Approval
of such plans shall not relieve the user from complying with all other
laws and regulations governing the use, storage, and transportation
of hazardous substances.
(1)
The control authority shall evaluate all new SIUs for the need
for a slug control plan within a year of the industrial user being
designated as a SIU. Each significant industrial user shall be evaluated
at least once every two years, and other nondomestic users as necessary,
to determine whether such user needs a plan to control slug discharges.
If the control authority decides that a slug control plan is needed,
the plan shall contain, at a minimum, the following elements:
a.
Description of discharge practices, including nonroutine batch
discharges;
b.
Description of stored chemicals;
c.
Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under Section 29-49, with procedures for follow-up written notification within five days;
d.
If necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control
of industrial site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants
(including solvents), and/or measures and equipment for emergency
response.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
Notification of discharge violation.
(1)
In the case of any discharge in violation of this chapter or wastewater discharge permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug discharges, as defined by Section 29-3 of this chapter, the user shall immediately notify the control authority of the discharge by telephone. The notification shall include:
(2)
Within five days following such a discharge the user shall submit
a written report describing the cause of the discharge and the measures
that will be taken by the user to prevent similar future discharges.
(3)
Such notification shall not relieve the user of any expense,
loss, damage, or other liability resulting from the discharge, nor
shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed under this chapter or other
applicable state or federal law.
(b)
Notification of changed discharge. The user shall notify the control
authority prior to the introduction of new wastewater or pollutants
or any significant change in sewer use or characteristic of the wastewater
being introduced into the POTW from the user's processes. Formal written
notification shall be submitted prior to such an introduction. Significant
change in sewer use is defined as an increase in the concentrations
of pollutants discharged of 20% over those reported on the wastewater
discharge disclosure report, or the increase in discharge volume of
1,000 gallons/day or more than 10% over that reported on the baseline
monitoring report/wastewater discharge disclosure report, whichever
is less.
Any change which would violate categorical pretreatment standards
or local limits is prohibited.
(c)
Significant industrial users are required to notify the control authority
immediately of any changes at its facility affecting the potential
for a slug discharge.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Each nondomestic user shall permanently post a notice in a prominent
place advising all employees to call the POTW, at the number supplied
on the wastewater discharge permit, in the event of a dangerous discharge
for which notification is required. Employers shall advise all employees
who may cause or be injured by such a discharge of the emergency notification
procedure.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
Users subject to the reporting requirements of this chapter shall
retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this chapter, any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements, and documentation associated with best management practices.
Records shall include the date, exact place, method, and time of sampling,
and the name of the person(s) taking the samples; the date analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses.
(b)
These records shall remain available for a period of at least three
years after their collection.
(c)
This period shall be extended during any litigation concerning compliance
with this chapter or wastewater discharge permit conditions.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
All analyses, including sampling results submitted in support of any application reports, evidence or required by any permit or order shall be performed in accordance with the procedures and methods outlined in Section 29-80.2.
The sample shall be representative of daily operations. Where
the standard requires compliance with a BMP or pollution prevention
alternative, the user shall submit documentation as required by the
control authority or the applicable standards to determine compliance
with the standard.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
Information and data (other than effluent data) about a user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public unless
the user specifically requests and is able to demonstrate to the satisfaction
of the control authority in accordance with state and federal disclosure
statutes that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. Any such request must be asserted at the time
of submission of the information or data. When such a confidentiality
claim is asserted, the information shall be treated as such until
a determination is made by the control authority. Effluent data shall
be available to the public without restriction.
(b)
When the person furnishing a report satisfies the control authority that such person has made the demonstration required by Subsection (a), the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection except by the state or EPA for uses related to this chapter, the NPDES permit, or the pretreatment program. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Representatives of the control authority, the state and EPA,
upon showing proper identification shall have the right to enter and
inspect the premises of any user who may be subject to the requirements
of this chapter. Nondomestic users shall allow authorized representatives
of the control authority, state and EPA access to all premises for
the purpose of inspecting, sampling, examining records or seize for
purposes of copying records in the performance of their duties. Authorized
representatives of the control authority, state and EPA shall have
the right to place on the user's property such devices as are necessary
to conduct sampling and monitoring. Where a user has security or safety
measures in force which would require clearance, training, or wearing
of special protective gear, the user shall make necessary arrangements
at its own expense, to enable authorized representatives of the control
authority, state and EPA to enter and inspect the premises as guaranteed
by this paragraph.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Compliance by existing sources with categorical pretreatment
standards shall be within three years of the date the standard is
effective unless a shorter compliance time is specified in the appropriate
subpart of 40 CFR Chapter I, Subchapter N. Direct dischargers with
NPDES permits modified or reissued to provide a variance pursuant
to Section 301(i)(2) of the Act shall be required to meet compliance
dates set in any applicable categorical pretreatment standard. Existing
sources which become significant industrial users subsequent to promulgation
of an applicable pretreatment standard shall be considered existing
significant industrial users except where such sources meet the definition
of a new source as defined in 40 CFR 403.3(k). 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 90 days), new sources must meet all applicable pretreatment
standards.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the control
authority may convert the limits to equivalent limitations expressed
either as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users.
Equivalent limitations calculated in accordance with 40 CFR
403.6(c)(3) and (c)(4) shall be deemed pretreatment standards for
the purposes of Section 307(d) of the Act and Title 40, Part 403 of
the Code of Federal Regulations. Industrial users will be required
to comply with the equivalent limitations in lieu of the promulgated
categorical pretreatment standards from which the equivalent limitations
were derived.
40 CFR 403.6(c)(6) and (c)(7) shall apply to those industrial
users for whom equivalent mass or concentration limits are calculated.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Categorical pretreatment standards may be adjusted to reflect
the presence of pollutants in the industrial user's intake water in
accordance with 40 CFR 403.15.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
The control authority may at its discretion and subject to the
conditions of 40 CFR 403.7, grant removal credits to reflect removal
by the POTW of pollutants specified in the categorical pretreatment
standard(s).
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
The BPW is authorized to inspect any existing building service
sewer and drain, lateral or collecting sewers that discharge wastewater
directly or indirectly to the POTW. If it is found that such lateral
or collecting sewers are used or maintained in such a way as to cause
discharge of septic wastewater or groundwater or debris which exceeds
the design criteria of said sewer or any other substance deemed objectionable,
the BPW will give notice of the unsatisfactory condition to the person
responsible for such discharge and shall direct that the condition
be corrected.
In cases of noncompliance continuing after such directive, the
BPW, in its discretion, may discontinue service to persons responsible
for such discharge.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
No person shall discharge or cause to be discharged to a sanitary
sewer, either directly or indirectly, any nondomestic waste that creates
a stoppage, plugging, breakage, reduction in sewer capacity or any
other damage or loss to any public sewer, the POTW or the control
authority. The person causing such discharge shall indemnify the BPW
or control authority for any additional sewer maintenance expenses,
or any other resulting costs or expenses, including attorney fees,
caused by such a discharge.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Every user of the POTW shall provide, when deemed necessary by the control authority, protection from accidental discharge into the sewage system of nondomestic wastes or liquid materials not meeting the requirements of Section 29-49 or other nondomestic wastes.
