[Ord. 22-1984, 85 § 1, passed 7-23-1984]
(a)
This article sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for
the City and enables the City to comply with all applicable State
and Federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR, Part 403).
(b)
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the municipal
wastewater system which will interfere with the operation of the system
or contaminate the resulting sludge;
(2)
To prevent the introduction of pollutants into the municipal
wastewater system which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be 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.
(c)
This article provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users, authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customer's capacity
will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
[Ord. 22-1984, 85 § 1, passed 7-23-1984]
[Ord. 22-1984, 85 § 1, passed 7-23-1984]
(a)
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
CATEGORICAL STANDARDS
CITY
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY OR EPA
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT OR TREATMENT
PRETREATMENT REQUIREMENTS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SHALL
SIGNIFICANT INDUSTRIAL USER
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORM WATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT
WATERS OF THE STATE
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
The Director in an NPDES state with an approved State Pretreatment
Program and the Administrator of the EPA in a non-NPDES state or NPDES
state without an Approved State Pretreatment Program.
A principal executive officer of at least the level of vice-president,
if the industrial user is a corporation; a general partner or proprietor
if the industrial user is a partnership or proprietorship, respectively;
or a duly authorized representative of the individual designated above
if such representative is responsible for the overall operation of
the facilities from which the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of weight and concentration (milligrams
per liter (mg/l)).
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards or Pretreatment
Standard.
The City of Lebanon or the City Council of Lebanon.
The "approval authority", defined in subsection (a)(2) hereof
or the Superintendent if the City has an approved Pretreatment Program
under the provisions of 40 CFR, 403.11.
The water discharged from any use such as air condition,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the State.
The U.S. Environmental Protection Agency, or where appropriate
the term may also be used as a designation for the Administrator or
other duly authorized official of such agency.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act,
(33 U.S.C. 1317), into the POTW (including holding tank waste discharged
into the system).
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402, of the Act. (33 U.S.C. 1342).
The inhibition or disruption of the POTW treatment processes
or operations, which contributes to a violation of any requirement
of the City's NPDES Permit. The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with 405 of the Act,
(33 U.S.C. 1345) or any criteria, guidelines, or regulations developed
pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act,
the Toxic Substances Control Act or more stringent state criteria
(including those contained in any State sludge management plan prepared
pursuant to Title IV of SWDA) applicable to the method of disposal
or use employed by the POTW.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. 1347) which applies to a specific category of Industrial Users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
1342).
Any regulation developed under the Authority of 307(b) of
the Act, and 40 CFR, Section 403.5.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a Section 307(c)
(33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable
to such source, if such standard is thereafter promulgated within
120 days of proposal in the Federal Register. Where the standard is
promulgated later than 120 days after proposal, a new source means
any source, the construction of which is commenced after the date
of promulgation of the standard.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by 40 CFR Section 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
A treatment works as defined by Section 212 of the Act, (33
U.S.C. 1292) which is owned in this instance by the City. This definition
includes any sewers that convey wastewater to the POTW treatment plant,
but does not include pipes, sewers or other conveyances not connected
to a facility providing treatment. For the purposes of this article,
"POTW" shall also include any sewers that convey wastewaters to the
POTW from persons outside the City who are, by contract or agreement
with the City, users of the City's POTW.
Is mandatory; "May" is permissive.
Any industrial user of the City's wastewater disposal
system who has a discharge flow of 25,000 gallons or more per average
work day, or has a flow greater than 5% of the flow in the City's
wastewater treatment system, or has in his wastes toxic pollutants
as defined pursuant to Section 307 of the Act of Pennsylvania Statutes
and rules or is found by the City, State Control Agency, or the U.S.
Environmental Protection Agency (EPA) to have significant impact,
either singly or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the system's
effluent quality, or air emissions generated by the system.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the City to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this article, or his duly authorized
representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of GWA 307(a) or other Acts.
Any person who contributes, causes or permits the contribution
of wastewater into the City's POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
which may be present together, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
As set forth in Section 931.14.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifer, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the State or any portion thereof.
(b)
BOD
CFR
COD
EPA
l
mg
mg/l
NPDES
POTW
SIC
SWDA
TSS
USC
Abbreviations. The following abbreviations shall have the designated
meanings.
Biochemical Oxygen Demand.
Code of Federal Regulations.
Chemical Oxygen Demand.
Environmental Protection Agency.
Liter.
Milligrams.
Milligrams per liter.
National Pollutant Discharge Elimination System.
Publicly Owned Treatment Works.
Standard Industrial Classification.
Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.
Total Suspended Solids.
United States Code.
[Ord. 22-1984, 85 § 2, passed 7-23-1984]
(a)
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW. These general prohibitions
apply to all such users of a POTW whether or not the user is subject
to National Categorical Pretreatment Standards or any other National,
State or local pretreatment standards or requirements. A user may
not contribute the following substances to any POTW:
(1)
Any liquids, solids or gases which by reason of their nature
or quantity are, or may be sufficient either alone or by interaction
with other substances to cause fire or explosion to be injurious in
any other way to the POTW or to the operation of the POTW. At no time,
shall two successive readings on an explosion hazard meter, at the
point of discharge into the system (or at any point in the system)
be more than 5% nor any single reading over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any other substances
which the City, the State or EPA has notified the user is a fire hazard
or a hazard to the system.
(2)
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to: grease, garbage
with particles greater than one-half inch in any dimension, animal
guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt
residues, residues from refining, or processing of fuel or lubricating
oil, mud or glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 6.0, unless the POTW is
specifically designed to accommodate such wastewater, or wastewater
having any other corrosive property capable of causing damage or hazard
to structures, equipment and/or personnel of the POTW.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of the POTW, or to exceed the limitation set forth in a Categorical
Pretreatment Standard. A toxic pollutant shall include but not be
limited to any pollutant identified pursuant to Section 307(a) of
the Act.
(5)
Any noxious or malodorous liquids, gases or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for maintenance and repair.
(6)
Any substance which may cause the POTW's effluent or any
other product of the POTW such as residues, sludges or scums, to be
unsuitable for reclamation and reuse or to interfere with the reclamation
process. In no case, shall a substance discharged to the POTW cause
the POTW to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Act;
any criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Act, or State criteria applicable
to the sludge management method being used.
(7)
Any substance which will cause the POTW to violate its NPDES
and/or State Disposal System Permit or the receiving water quality
standards.
(8)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(9)
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C. (104° F.) unless the POTW treatment
plant is designed to accommodate such temperature.
(10)
Any pollutants, including oxygen demanding pollutants (BOD,
etc.) released at a flow rate and/or pollutant concentration which
a user knows or has reason to know will cause interference to the
POTW. In no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed for any time period longer
than 15 minutes more than five times the average twenty-four-hour
concentration, quantities, or flow during normal operation.
(11)
Any wastewater containing any radioactive wastes or isotopes
of such halflife or concentration as may exceed limits established
by the Superintendent in compliance with applicable State or Federal
regulations.
(12)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(b)
When the Superintendent determines that a user(s) is contributing
to the POTW, any of the above enumerated substances in such amounts
as to interfere with the operation of the POTW, the Superintendent
shall: advise the user(s) of the impact of the contribution on the
POTW; and develop effluent limitation(s) for such user to correct
the interference with the POTW.
[Ord. 22-1984, 85 § 2, passed 7-23-1984]
(a)
Preemption. Upon the promulgation of the Federal Categorical Pretreatment
Standards for a particular industrial subcategory, the Federal Standard,
if more stringent than limitations imposed under this article for
sources in that subcategory, shall immediately supersede the limitations
imposed under this article. The Superintendent shall notify all affected
users of the applicable reporting requirements under 40 CFR, Section
403.12.
(b)
Modification. Where the City's wastewater treatment system achieves
consistent removal of pollutants limited by Federal Pretreatment Standards,
the City may apply to the approval authority for modification of specific
limits in the Federal Pretreatment Standards. "Consistent removal"
means reduction in the amount of a pollutant or alteration of the
nature of the pollutant by the wastewater treatment system to a less
toxic or harmless state in the effluent which is achieved by the system
in 95% of the samples taken when measured according to the procedures
set forth in Section 403.7(c)(2) of (Title 40 of the Code of Federal
Regulations, Part 403) - "General Pretreatment Regulations for Existing
and New Sources of Pollution" promulgated pursuant to the Act. The
City may then modify pollutant discharge limits in the Federal Pretreatment
Standards if the requirements contained in 40 CFR, Part 403, Section
403.7, are fulfilled and prior approval from the approval authority
is obtained.
[Ord. 22-1984, 85 § 2, passed 7-23-1984]
This section shall be developed when determined necessary by
the Superintendent.
No person shall discharge wastewater containing in excess of:
_____ mg/l arsenic
|
_____ mg/l cadmium
|
_____ mg/l copper
|
_____ mg/l cyanide
|
_____ mg/l lead
|
_____ mg/l mercury
|
_____ mg/l nickel
|
_____ mg/l silver
|
_____ mg/l total chromium
|
_____ mg/l zinc
|
_____ mg/l total identifiable chlorinated hydrocarbons
|
_____ mg/l phenolic compounds which cannot be removed by the
City's wastewater treatment processes.
|
[Ord. 22-1984, 85 § 2, passed 7-23-1984]
State requirements and limitations on discharges shall apply
in any case where they are more stringent than Federal requirements
and limitations or those in this article.
[Ord. 22-1984, 85 § 2, passed 7-23-1984]
The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 931.01.
[Ord. 22-1984, 85 § 2, passed 7-23-1984]
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the City or State. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in Section 931.04, e.g. the pH prohibition.)
[Ord. 22-1984, 85 § 2, passed 7-23-1984]
(a)
Plans and procedures. Each user shall provide protection from accidental
discharge of prohibited materials or other substances regulated by
this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the City
for review, and shall be approved by the City before construction
of the facility. All existing users shall complete such a plan by
January 1, 1986. No user who commences contribution to the POTW after
the effective date of this article shall be permitted to introduce
pollutants into the system until accidental discharge procedures have
been approved by the City. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the responsibility
to modify the user's facility as necessary to meet the requirements
of this article. In the case of an accidental discharge it is the
responsibility of the user to immediately telephone and notify the
POTW of the incident. The notification shall include location of discharge,
type of waste, concentration and volume, and corrective actions.
(b)
Written notice. Within five days following an accidental discharge,
the user shall submit to the Superintendent a detailed written report
describing the cause of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, fish kills,
or any other damage to person or property; nor shall such notification
relieve the user of any fines, civil penalties, or other liability
which may be imposed by this article or other applicable law.
(c)
Notice to employees. A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
whom to call in the event of a dangerous discharge. Employers shall
insure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
[Ord. 22-1984, 85 § 3, passed 7-23-1984]
(a)
Purpose. It is the purpose of this section to provide for the recovery
of costs from users of the City's wastewater disposal system
for the implementation of the program established herein. The applicable
charges or fees shall be set forth in the City's schedule of
charges and fees.
(b)
Charges and fees. The following fees relate solely to the matters
covered by this article and are separate from all other fees chargeable
by the City.
The City may adopt charges and fees which may include:
(1)
Fees for reimbursement of costs of setting up and operating
the City's Pretreatment Program;
(2)
Fees for monitoring, inspections and surveillance procedures;
(3)
Fees for reviewing accidental discharge procedures and construction;
(4)
Fees for permit applications;
(5)
Fees for filing appeals;
(6)
Fees for consistent removal (by the City) of pollutants otherwise
subject to Federal Pretreatment Standards;
(7)
Other fees as the City may deem necessary to carry out the requirements
contained herein.
[Ord. 22-1984, 85 § 4, passed 7-23-1984]
No person shall discharge without a City permit to any natural
outlet within the City, or in any area under the jurisdiction of such
City, and/or to the POTW any wastewater except as authorized by the
Superintendent in accordance with the provisions of this article.
[Ord. 22-1984, 85 § 10, passed 7-23-1984]
To the City of Lebanon:
| ||
The undersigned being the ________________________ of the property
located at ____________________________
does hereby request a permit to ________________________________________
an industrial sewer connection serving ________________________, which
company is engaged in __________________________________ at said location.
| ||
1.
|
A plan to the property showing accurately all sewers and drains
now existing is attached hereunto as Exhibit "A".
| |
2.
|
Plans and specifications covering any work proposed to be performed
under this permit is attached hereunto as Exhibit "B".
| |
3.
|
A complete schedule of all process waters and industrial wastes
produced or expected to be produced at said property, including a
description of the character of each waste, the daily volume and maximum
rates of discharge, representative analyses, and compliance with any
applicable pretreatment standard or requirements, is attached hereunto
as Exhibit "C".
| |
4.
|
The name and address of the person or firm who will perform
the work covered by this permit is
.
| |
In consideration of the granting of this permit the undersigned
agrees:
| ||
1.
|
To furnish any additional information relating to the installation
or use of the industrial sewer for which this permit is sought as
may be requested by the City.
| |
2.
|
To accept and abide by all provisions of Ordinance 22-1984,
85 of the City, and of all other pertinent ordinances or regulations
that may be adopted in the future.
| |
3.
|
To operate and maintain any waste pretreatment facilities, as
may be required as a condition of the acceptance into the wastewater
treatment system of the industrial wastes involved, in an efficient
manner at all times, and at no expense to the City.
| |
4.
|
To cooperate at all times with the City and his representatives
in their inspecting, sampling, and study of the industrial wastes,
and any facilities provided for pretreatment.
| |
5.
|
To notify the City immediately in the event of any accident,
or other occurrence that occasions contributor to the wastewater treatment
system of any wastewater or substances prohibited or not covered by
this permit.
| |
Date:
|
Signed
| |
$_______________ inspection fee paid
|
| |
| ||
Application approved and permit granted:
| ||
Date:
|
Signed:
|
[Ord. 22-1984, 85 § 4, passed 7-23-1984]
(a)
Permit required. All significant users proposing to connect to or
to contribute to the POTW shall obtain a Wastewater Discharge Permit
before connecting to or contributing to the POTW. All existing significant
users connected to or contributing to the POTW shall obtain a Wastewater
Contribution Permit within 180 days after the effective date of this
article.
(b)
Permit application. Users required to obtain a Wastewater Contribution
Permit shall complete and file with the City, an application in the
form prescribed by the City, and accompanied by a fee of $10. Existing
users shall apply for a Wastewater Contribution Permit within 30 days
after the effective date of this article, and proposed users shall
apply at least 90 days prior to connecting to or contributing to the
POTW. In support of the application, the user shall submit, in units
and terms appropriate for evaluation, the following information:
(1)
Name, address and location, (if different from the address);
(2)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
(3)
Wastewater constituents and characteristics including but not limited to those mentioned in Section 931.04 et seq. of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
(4)
Time and duration of contribution;
(5)
Average daily and 30 minute peak wastewater flow rates, including
daily, monthly and seasonal variations if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation;
(7)
Description of activities, facilities and plant processes on
the premises including all materials which are or could be discharged;
(8)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any City, State or Federal Pretreatment
Standards, and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and if not, whether
additional operation and maintenance (O & M) and/or additional
pretreatment is required for the user to meet applicable pretreatment
standards;
(9)
If additional pretreatment and/or O & M will be required
to meet the pretreatment standards; the shortest schedule by which
the user will provide such additional pretreatment. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standards: The following
conditions shall apply to this schedule:
A.
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc.).
B.
No increment referred to in subsection (b)(9)A. hereof shall
exceed nine months.
C.
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Superintendent including, as a minimum, whether or not it complied
with the increment of progress to be met on such 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 schedule established. In no event shall more
than nine months elapse between such progress reports to the Superintendent.
(10)
Each product produced by type, amount, process or processes
and rate of production;
(11)
Type and amount of raw materials processed or processes and
rate of production;
(12)
Number and type of employees, and hours of operation of plant
and proposed or actual hours of operation of pretreatment system;
(13)
Any other information as may be deemed by the City to be necessary
to evaluate the permit application.
The City will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the City may issue a Wastewater Contribution Permit
subject to terms and conditions provided herein.
(c)
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater Contribution Permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Contribution Permit as required by subsection (b) hereof, the user shall apply for a Wastewater Contribution Permit within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard. In addition, the user with an existing Wastewater Contribution Permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by subsection (b)(8) and (9) hereof.
(d)
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other applicable
regulations, user charges and fees established by the City. Permits
may contain the following:
(1)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer;
(2)
Limits on the average and maximum wastewater constituents and
characteristics;
(3)
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection
and sampling facilities;
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule;
(6)
Compliance schedules;
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the City, and affording City
access thereto;
(9)
Requirements for notification of the City or 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;
(11)
Other conditions as deemed appropriate by the City to ensure
compliance with this article.
(e)
Permits duration. Permits shall be issued for a specified time period,
not to exceed two years. A permit may be issued for a period less
than a year or may be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of 180 days prior to the
expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the City during the
term of the permit as limitations or requirements as identified in
Section 2 are modified or other just cause exists. The user shall
be informed of any proposed changes in his permit at least 30 days
prior to the effective date of change. Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance.
(f)
Permit transfer. Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the approval
of the City. Any succeeding owner or user shall also comply with the
terms and conditions of the existing permit.
[Ord. 22-1984, 85 § 4, passed 7-23-1984]
(a)
Compliance date report. Within 90 days following the date for final
compliance with applicable Pretreatment Standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the POTW, any user subject to pretreatment standards and requirements
shall submit to the Superintendent a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by pretreatment standards and requirements
and the average and maximum daily flow for these process units in
the user facility which are limited by such pretreatment standards
or requirements. 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 user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user, and certified to by a qualified
professional.
(b)
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard, after the compliance
date of such pretreatment standard, or, in the case of a new source,
after commencement of the discharge into the POTW, shall submit to
the Superintendent during the months of June and December, unless
required more frequently in the pretreatment standard or by the Superintendent,
a report indicating the nature and concentration, of pollutants in
the effluent which are limited by such pretreatment standards. In
addition, this report shall include a record of all daily flows which
during the reporting period exceeded the average daily flow reported
herein. At the discretion of the Superintendent and in consideration
of such factors as local high or low flow rates, holidays, budget
cycles, etc., the Superintendent may agree to alter the months during
which the above reports are to be submitted.
(2)
The Superintendent may impose mass limitations on users which
are using dilution to meet applicable pretreatment standards or requirements,
or in other cases where the imposition of mass limitations are appropriate.
In such cases, the report required by subsection (b)(1) hereof shall
indicate the mass of pollutants regulated by Pretreatment Standards
in the effluent of the user. These reports shall contain the results
of sampling and analysis of the discharge, including the flow and
the nature and concentration, or production and mass where requested
by the Superintendent, of pollutants contained therein which are limited
by the applicable pretreatment standards. The frequency of monitoring
shall be prescribed in the applicable pretreatment standard. All analysis
shall be performed in accordance with procedures established by the
Administrator pursuant to Section 304(g) of the Act and contained
in 40 CFR, Part 136 and amendments thereto or with any other test
procedures approved by the Administrator. Sampling shall be performed
in accordance with the techniques approved by the Administrator. (Comment:
Where 40 CFR, Part 136 does not include a sampling or analytical technique
for the pollutant in question sampling and analysis shall be performed
in accordance with the procedures set forth in the EPA publication,
Sampling and Analysis Procedures for Screening of Industrial Effluents
for Priority Pollutants, April, 1977, and amendments thereto, or with
any other sampling and analytical procedures approved by the Administrator.)
[Ord. 22-1984, 85 § 4, passed 7-23-1984]
(a)
The City shall require to be provided and operated at the user's
own expense, monitoring facilities to allow inspection, sampling and
flow measurement of the building sewer and/or internal drainage systems.
The monitoring facility should normally be situated on the user's
premises, but the City may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
(b)
There shall be ample room in or near such sampling manhole or 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 user.
(c)
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the City's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the City.
[Ord. 22-1984, 85 § 4, passed 7-23-1984]
The City shall inspect the facilities of any user to ascertain
whether the purpose of this article is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the City or their representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or in
the performance of any of their duties. The City, approval authority
and (where the NPDES State is the approval authority) 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. Where a user has security measures in force which
would require proper identification and clearance before entry into
their premises, the user shall make necessary arrangements with their
security guards so that upon presentation of suitable identification,
personnel from the City, approval authority and EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
[Ord. 22-1984, 85 § 4, passed 7-23-1984]
(a)
Users shall provide necessary wastewater treatment as required to
comply with this article and shall achieve compliance with all Federal
Categorical Pretreatment Standards within the time limitations as
specified by the Federal Pretreatment Regulations. Any facilities
required to pretreat wastewater to a level acceptable to the City
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 City for review, and shall be acceptable
to the City before construction of the facility. The review of such
plans and operating procedures will in no way relieve the user from
the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the City under the provisions of this article.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior
to the user's initiation of the changes.
(b)
The City shall annually publish in the daily newspaper a list of
the users which were not in compliance with any pretreatment requirements
or standards at least once during the 12 previous months. The notification
shall also summarize any enforcement actions taken against the user(s)
during the same 12 months.
(c)
All records relating to compliance with Pretreatment Standards shall
be made available to officials of the EPA or approval authority upon
request.
[Ord. 22-1984, 85 § 4, passed 7-23-1984]
(a)
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the City that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
(b)
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(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 person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
(c)
Information accepted by the City as confidential, shall not be transmitted
to any governmental agency or to the general public by the City until
and unless a ten-day notification is given to the user.
[Ord. 22-1984, 85 § 5, passed 7-23-1984]
(a)
Permit suspension.
(1)
The City may suspend the wastewater treatment service and/or
a Wastewater Contribution Permit when such suspension is necessary,
in the opinion of the City, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the City to violate any
condition of its NPDES Permit.
(2)
Any person notified of a suspension of the wastewater treatment
service and/or the Wastewater Contribution Permit shall immediately
stop or eliminate the contribution. In the event of a failure of the
person to comply voluntarily with the suspension order, the City shall
take such steps as deemed necessary including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The City shall reinstate
the Wastewater Contribution Permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the City within 15 days
of the date of occurrence.
(b)
Permit revocation. Any user who violates the following conditions
of this article or applicable State and Federal regulations, is subject
to having his permit revoked in accordance with the procedures of
this section:
(1)
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge;
(2)
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for
the purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
(c)
Violation notice. Whenever the City finds that any user has violated
or is violating this article, wastewater contribution permit, or any
prohibition, limitation or requirements contained herein, the City
may serve upon such person a written notice stating the nature of
the violation. Within 30 days of the date of the notice, a plan for
the satisfactory correction thereof shall be submitted to the City
by the user.
[Ord. 22-1984, 85 § 5, passed 7-23-1984]
(a)
The City may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before Council why the proposed
enforcement action should not be taken. A notice shall be served on
the user specifying the time and place of a hearing to be held by
Council regarding the violation, the reasons why the action is to
be taken, the proposed enforcement action, and directing the user
to show cause before Council why the proposed enforcement action should
not be taken. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
10 days before the hearing. Service may be made on any agent or officer
of a corporation.
(b)
Council may itself conduct the hearing and take the evidence, or
may designate any of its members or any officer or employee of the
assigned department to:
(1)
Issue in the name of Council notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(2)
Take the evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to Council for action
thereon.
(c)
At any hearing held pursuant to this article, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
(d)
After Council has reviewed the evidence, it may issue an order to
the user responsible for the discharge directing that, following a
specified time period, the sewer service be discontinued unless adequate
treatment facilities, devices or other related appurtenances are properly
operated. Further orders and directives as are necessary and appropriate
may be issued.
[Ord. 22-1984, 85 § 5, passed 7-23-1984]
If any person discharges sewage, industrial wastes or other
wastes into the City's wastewater disposal system contrary to
the provisions of this article, Federal or State Pretreatment Requirements,
or any order of the City, the City Attorney may commence an action
for appropriate legal and/or equitable relief in the Circuit Court
of this County.
[Ord. 22-1984, 85 § 6, passed 7-23-1984]
If any provision, paragraph, word or section of this article
is invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words, sections and articles shall not be
affected and shall continue in full force and effect.
[Ord. 22-1984, 85 § 6, passed 7-23-1984]
All other articles and parts of other articles inconsistent
or conflicting with any part of this article are hereby repealed to
the extent of such inconsistency or conflict.
[Ord. 22-1984, 85 § 6, passed 7-23-1984]
(a)
Civil penalties. Any user who is found to have violated an order
of Council or who willfully or negligently failed to comply with any
provision of this article, and the orders, rules, regulations and
permits issued hereunder, shall be fined not less than $100 (optional)
nor more than $1,000 (optional) for each offense. Each day on which
a violation occurs or continues shall be deemed a separate and distinct
offense. In addition to the penalties provided herein, the City may
recover reasonable attorneys' fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law against
the person found to have violated this article or the orders, rules,
regulations and permits issued hereunder.
(b)
Falsifying information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this article, or Wastewater Contribution Permit, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article, shall, upon conviction,
be punished by a fine of not more than $1,000 or by imprisonment for
not more than six months, or by both.