A.
At least 60 days prior to discharging or continuing
the discharge of any industrial waste to the sewerage system, the
owner of the property from which such discharge is proposed to be
made shall apply to the City, in writing, for a permit to make such
discharge.
B.
Application.
(1)
Application shall be made on discharge permit application
forms furnished by the City, which forms shall contain all pertinent
data, including but not limited to the estimated quantity of flow,
the character of the waste, the maximum rate of discharge and the
pretreatment facilities, together with any other information considered
pertinent in the judgment of the City and other approving authorities.
This information must include:
(a)
Name, address and location (if different from
the address).
(b)
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended (if
applicable).
(c)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 124-4D of this chapter as determined by a certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Federal Water Pollution Control Act and contained in 40 CFR Part 136, as amended.
(d)
Time and duration of contribution.
(e)
Average daily and three-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation.
(g)
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
(h)
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.
(i)
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 standard. The following
conditions shall apply to this schedule:
[1]
The schedule shall contain increments of progress
in the form of date 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.).
[2]
No increment referred to in Subsection B(1)(i)[1] shall exceed nine months.
[3]
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 Director, 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 operations manager.
(j)
Each product produced by type, amount, process
or processes and rate of production.
(k)
Type and amount of raw materials processed (average
and maximum per day).
(l)
Number and type of employees, and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system.
(m)
Any other information as may be deemed by the
City to be necessary to evaluate the permit application.
(2)
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.
Wastewater discharge permit contents. A wastewater
discharge permit shall include such conditions as are deemed reasonably
necessary by the Director to prevent pass-through or interference,
protect the quality of the waterbody receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal and protect against damage to the wastewater treatment
works. Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit
duration, which in no event shall exceed five years;
(2)
A statement that the wastewater discharge permit is
nontransferable without prior notification to the City and provisions
for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
(3)
Limits on the average and maximum wastewater constituents
and characteristics;
(4)
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency and sample type based on federal, state and local law; and
(5)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time
for compliance beyond that required by applicable federal, state or
local law.
E.
A permit may be issued for a period of less than a year or may be stated to expire on a specific date. The discharger shall apply for permit reissuance a minimum of 180 days prior to the expiration of the discharger's existing permit. The terms and conditions of the permit shall be subject to modification by the City during the term of the permit as discharge limitations or requirements as identified in § 124-4 are modified or other just cause exists. The discharger 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.
Within nine months of the promulgation of a National
Categorical Pretreatment Standard, the industrial waste discharge
permit of dischargers subject to such standards shall be revised to
require and impose conditions to ensure compliance with such standard
within the time frame prescribed by such standard. Where a discharger,
subject to a National Categorical Pretreatment Standard, has not previously
submitted an application for an industrial waste discharge permit
as required by this section, the discharger shall apply for an industrial
waste discharge permit within 180 days after the promulgation of the
applicable National Categorical Pretreatment Standards. In addition,
a discharger with an existing industrial waste discharge permit shall
submit to the approving authority within 180 days after the promulgation
of an applicable National Categorical Pretreatment Standard, on forms
to be provided by him, the information required by 40 CFR 403 and
the compliance schedule required by 40 CFR 103. Within 90 days following
the date for final compliance with applicable pretreatment standards
or, in the case of a new discharger, following commencement of discharge
to the sewage system, any discharger of industrial waste subject to
pretreatment standards shall submit a report to the approving authority,
upon forms to be provided by him, containing the information required
by 40 CFR 403 and thereafter, semiannually in the months of June and
December, the report required by 40 CFR 403.
G.
Industrial waste discharge permits will contain as
applicable the following special permit conditions:
(2)
Limits on the average and maximum rate and time of
discharge or requirements for flow regulations and equalization.
(3)
Requirements for the installation and maintenance
of inspection and sampling facilities.
(4)
Compliance schedules.
(5)
Requirements for the submission of discharge reports.
(6)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the approving authority
and affording access by the City thereto for reviewing and copying
the plant records.
(7)
Requirements for the notification of the City of any
new introduction of wastewater constituents or any substantial change
in volume or character of the wastewater constituents being introduced
into the wastewater treatment system.
(8)
Requirements for the notification of slug discharges.
(9)
Other conditions as deemed appropriate by the approving
authority to ensure compliance with this chapter.
H.
Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify the Director within 24 hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the Director within 30 days after
becoming aware of the violation. The user is not required to resample
if the Director monitors at the user's facility at least once a month,
or if the Director samples between the user's initial sampling and
when the user receives the results of this sampling.
I.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous
waste shall notify the wastewater treatment works, the Director, the
EPA Regional Waste Management Division Director and state hazardous
waste authorities, in writing, of any discharge into the wastewater
treatment works of a substance which, if otherwise disposed of, would
be a hazardous waste under 40 CFR Part 261. Such notification must
include the name of the hazardous waste as set forth in 40 CFR Part
261, the EPA hazardous waste number and the type of discharge (continuous,
batch or other). If the user discharges more than 100 kilograms of
such waste per calendar month to the wastewater treatment works, the
notification also shall contain the following information to the extent
that such information is known and readily available to the user:
an identification of the hazardous constituents contained in the wastes,
an estimation of the mass and concentration of such constituents in
the waste stream discharged during that calendar month and an estimation
of the mass of constituents in the waste stream expected to be discharged
during the following 12 months. All notifications must take place
no later than 180 days after the discharge commences. Any notification
under this subsection needs to be submitted only once for each hazardous
waste discharged. However, notifications of changed conditions must
be submitted. The notification requirement in this section does not
apply to pollutants already reported by users subject to categorical
pretreatment standards under the self-monitoring requirements of this
chapter.
(2)
Dischargers are exempt from the requirements of Subsection A, above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001
of RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the user
must notify the Director, the EPA Regional Waste Management Waste
Division Director and state hazardous waste authorities of the discharge
of such substance within 90 days of the effective date of such regulations.
(4)
In the case of any notification made under this section,
the user shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the degree it
has determined to be economically practical.
(5)
This provision does not create a right to discharge
any substance not otherwise permitted to be discharged by this chapter,
a permit issued thereunder or any applicable federal or state law.
A.
Ten days prior to the first day of March, June, September
and December, each significant industrial user shall file with the
City a report on the quality and quantity of their discharge. The
report forms shall be supplied by the City.
B.
All significant industrial users shall provide the
certification statement shown below with all reports submitted to
the City: "I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations." This statement shall accompany all reports requested
by the City or required by 40 CFR 403 and shall be signed by an authorized
representative user of the owner.
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, such as trade secrets
of the user. 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 chapter, 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.
A.
At least once every two years, the Director shall
evaluate whether each significant industrial user needs an accidental
discharge/slug control plan. The Director may require any user to
develop, submit for approval and implement such a plan. Alternatively,
the Director may develop such a plan for any user.
B.
An accidental discharge/slug control plan shall address,
at a minimum, the following:
(1)
Description of discharge practices, including nonroutine
batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the Director
of any accidental or slug discharge.
(4)
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant 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.
B.
Notice.
(1)
If an industrial user knows in advance of the need
for a bypass, it shall submit prior notice to the Director, if possible
at least 10 days before the date of the bypass.
(2)
An industrial user shall submit oral notice of an
unanticipated bypass that exceeds applicable pretreatment standards
to the control authority within 24 hours of the time the industrial
user becomes aware of the bypass. A written submission shall also
be provided within five days of the time the industrial user becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times and, if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned
to reduce, eliminate and prevent reoccurrence of the bypass. The Director
may waive the written report on a case-by-case basis if the oral report
has been received within 24 hours.
C.
Prohibition of bypass.
(1)
Bypass is prohibited, and the Director may take enforcement
action against an industrial user for a bypass unless:
(a)
Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage;
(b)
There were not feasible alternatives to the
bypass, such as the use of auxiliary treatment facilities, retention
of untreated wastes or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate backup equipment
should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
A.
An "upset" means an exceptional incident in which
there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the industrial user. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance
or careless or improper operation.
B.
An upset can be used as an affirmative defense to
an action brought for noncompliance with categorical pretreatment
standards, provided that the industrial user meets certain conditions.
An industrial user who wishes to establish the affirmative defense
of upset must demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence, that:
(1)
An upset occurred and the industrial user can identify
the cause or causes;
(2)
The facility was at the time being operated in a prudent
and workmanlike manner and in compliance with applicable operation
and maintenance procedures;
(3)
The industrial user has submitted the following information
to the City within 24 hours of becoming aware of the upset (If this
information is provided orally, a written submission must follow within
five days.):
(a)
A description of the indirect discharge and
cause of noncompliance.
(b)
The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated time the noncompliance
is expected to continue.
(c)
Steps being taken or planned to reduce, eliminate
and prevent reoccurrence of the noncompliance.
(4)
In any enforcement proceeding, the industrial user
seeking to establish the occurrence of an upset shall have the burden
of proof.
(5)
Industrial users will have the opportunity for judicial
determination on any claim of upset only in an enforcement action
brought for noncompliance with categorical pretreatment standards.
(6)
The industrial user shall control production or all
discharges to the extent necessary to maintain compliance with categorical
pretreatment standards upon reduction, loss or failure of its treatment
facility until the facility is restored or an alternative method of
treatment is provided. This requirement applies in the situation where,
among other things, the primary source of power of the treatment facility
is reduced, lost or fails.
A.
New significant industrial users located beyond the
corporate limits of the City shall submit such application to the
City 90 days prior to any proposed discharge into the wastewater treatment
works.
B.
The City may enter into an agreement with the neighboring
jurisdiction in which the significant industrial user is located to
provide for the implementation and enforcement of pretreatment program
requirements against said industrial user.
C.
In the event that another municipality contributes
all or a portion of its wastewater to the wastewater treatment works,
the City may require such municipality to apply for and obtain a municipal
wastewater contribution permit.
(1)
A municipal wastewater contribution permit application
shall include:
(2)
A municipal wastewater contribution permit shall contain
the following conditions:
(a)
A requirement for the municipal user to adopt
a sewer use ordinance which is at least as stringent as this chapter
and local limits which are at least as stringent as those set out
in this chapter.
(b)
A requirement for the municipal user to submit
a revised industrial user inventory on at least an annual basis.
(d)
A requirement for the municipal user to provide
the City with access to all information that the municipal user obtains
as part of its pretreatment activities.
(e)
Limits on the nature, quality and volume of
the municipal user's wastewater at the point where it discharges to
the POTW.
(f)
Requirements for monitoring the municipal user's
discharge.
No provisions contained in this chapter shall
be deemed to prevent any special agreement or arrangement between
the City and any person whereby wastewater of unusual strength or
characteristic may be accepted by the City for treatment which will
not violate or cause the City and/or the user to violate federal or
state pretreatment requirements or standards or to violate discharge
standards and which will not be harmful to the system. Under no circumstances
shall federal or state pretreatment requirements or standards be waived.
