[Ord. No. 1209 Art. I § 3, 6-13-1983]
A.
Purpose. It is the purpose of this Chapter to provide
for the recovery of costs from industrial 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.
Adoption; Types. The City shall adopt charges and
fees which may include:
1.
Fees for monitoring, inspections and surveillance procedures.
2.
Fees for reviewing accidental discharge procedures and construction.
3.
Fees for permit applications.
4.
Fees for filing appeals.
5.
Fees for removal by the City, under agreement with the user, of pollutants
subject to Federal pretreatment standards.
6.
Other fees as the City may deem necessary to carry out the requirements
contained herein.
C.
These fees relate solely to the matters covered by this Chapter and
are separate from all other fees chargeable by the City.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
It shall be unlawful to discharge potentially toxic wastes,
as defined under this Chapter, without a City permit to any natural
surface discharge within the City, or in any area under the jurisdiction
of the City, and/or to discharge to the POTW any wastewater except
as authorized by the City in accordance with the provisions of this
Chapter.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
All industrial 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 industrial users connected
to or contributing to the POTW shall obtain a wastewater contribution
permit for each discharge location within one hundred eighty (180)
days after June 13, 1983.
There will be three (3) types of permits issued as follows.
Each type indicates a different general level of concern:
A.
I.U. Permit #1. This permit shall be issued to those
discharge facilities exhibiting a minimum of risk. This risk shall
be exhibited by such factors as:
B.
I.U. Permit #2. This permit shall be issued to those
discharge facilities exhibiting a moderate amount of risk. This risk
shall be exhibited by such factors as:
1.
Using "priority pollutants" in normal activities;
2.
"Priority pollutants" are in contact with the wastewater
stream;
3.
The industrial user discharge point has a wastestream flow of less
than twenty-five thousand (25,000) gallons per day, excluding sanitary
wastes, or the concentration is normally below the discharge requirements;
4.
The "priority pollutants" are detectable in the
effluent from the industrial user; and
5.
Pretreatment facilities, where required, have a reliable history
of reducing the concentration below discharge requirements, or the
normal concentration is below discharge requirements.
C.
I.U. Permit #3. This permit shall be issued to those
discharge facilities exhibiting a high degree of risk. This risk shall
be exhibited by such factors as:
1.
Using "priority pollutants" in normal activities;
2.
"Priority pollutants" are in contact with the wastewater
stream;
3.
The industrial user discharge point has a waste stream flow of more
than twenty-five thousand (25,000) gallons per day, excluding sanitary
waste or the priority pollutants are of a high concentration;
4.
The "priority pollutants" are detectable in the
effluent from the industrial user; and
5.
There is or may be the need for a pretreatment facility to reduce
the "priority pollutant" load on the POTW.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
Every user 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 ten dollars ($10.00). Existing
users shall apply for a wastewater contribution permit within thirty
(30) days after June 13, 1983, and proposed new users shall apply
at least thirty (30) 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:
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.
C.
1.
Wastewater constituents and characteristics including, but not limited to, those mentioned in Article II of this Chapter, 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; or
D.
Time and duration of contribution.
E.
Average daily and thirty (30) minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any.
F.
Site plans and details to show all sewers, sewer connections and
appurtenances by the size and location.
G.
A general description of activities, facilities and plan 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.
1.
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 contracts for major components, commencing construction,
completing construction, etc.)
2.
No increment referred to in Paragraph 1 of this subsection shall
exceed nine (9) months.
3.
Not later than fourteen (14) days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the City 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 (9) months elapse between such progress reports to the City.
J.
Number and type of employees, hours of operation of plant and proposed
or actual hours of operation of pretreatment system.
K.
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 the terms and conditions provided in this Article.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
Within nine (9) months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permits of users subject to such standard 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 Section 30.2-21, the user shall apply for a wastewater contribution permit within one hundred eighty (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 City within one hundred eighty (180) days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Subsections (H) and (I) of Section 30.2-21.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
Industrial user wastewater discharge permits shall be expressly
subject to all provisions of this Chapter and all other applicable
regulations, user charges and fees established by the City. Permits
may contain the following:
A.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents and characteristics.
C.
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection and sampling
facilities.
E.
Specifications for pretreatment monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
F.
Compliance schedules.
H.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the City, and affording the
City access thereto.
I.
Requirements for notification to the City of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
K.
Other conditions as deemed appropriate by the City to ensure compliance
with this Chapter.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
Permits shall be issued for a specified time period, not to exceed five (5) 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 one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit maybe subject to modification by the City during the term of the permit as limitations or requirements as identified in Article II of this Chapter are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of any such change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
Industrial user wastewater discharge permits are issued to a
specific operation and discharge point. Such 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. No. 1209 Art. I § 4, 6-13-1983]
A.
Report Following Compliance Date. Within ninety
(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 City 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 be a qualified professional engineer or agent
for a certified analytical laboratory.
B.
Periodic Compliance Reports.
1.
After the report any user subject to a pretreatment monitoring requirement
shall submit to the City reports indicating the nature, concentration
and flows of pollutants in the effluent which are limited by such
standards at the frequency specified in its permits.
2.
The City 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 Paragraph (1) of this subsection
shall indicate the mass of pollutants regulated by 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 City,
of pollutants contained therein which are limited by the applicable
standards. The frequency of monitoring shall be prescribed in the
applicable standard and be shown on the permit. All analyses 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. No. 1209 Art. I § 4, 6-13-1983]
A.
On permits requiring monitoring of a frequency of more than once
per week, 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 right-of-way and located
so that it will not be obstructed by landscaping or parked vehicles.
B.
On permits requiring monitoring of a frequency of once per week or
less, the user shall provide the access and monitoring facilities
required for the City's monitoring equipment. The City shall
provide guidance as to "acceptable monitoring facilities." The facility
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
C.
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.
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 one hundred
twenty (120) days following written notification by the City.
D.
Each industrial user permit issued shall specifically list the monitoring
requirements. These shall include the location, facilities required,
equipment that shall be used, frequency of monitoring, discharge limits
and who is responsible for what costs and actions. The following minimum
standards are set for the permit types listed:
3.
I.U. Permit #3.
a.
The City shall inspect the premises at least once per year.
b.
The City and user shall verify that the discharge meets the discharge
limits by composite sampling and testing of the specifically permit-listed
parameters not less than once every three (3) months. The City shall
determine the time of the collection of the sample.
c.
The user shall monitor the permitted discharge point as necessary
to assure the City that the POTW will not be adversely affected.
E.
The specific monitoring requirements shall be established by the
City after an analysis of the specific data submitted and consultation
with the user. The City shall consider the nature of the pollutant
to be controlled and the potential risk in failure to meet the limits
set. The City shall also use the capacity of the POTW as a basis for
determining the individual limits and pretreatment requirements. The
City shall establish as a minimum those parameters required under
published EPA pretreatment standards for specific industrial point
source categories.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
The City shall inspect the facilities of any user to ascertain
whether the purposes of this Chapter are being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the City or their representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling or records examination or
in the performance of any of their duties. The City, approval authority
and 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 its premises, the user shall make necessary arrangements
with its 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 specific responsibilities.
[Ord. No. 1209 Art. I § 4, 6-13-1983]
A.
User shall provide necessary wastewater treatment as required to
comply with this Chapter 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 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 Chapter.
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 Fireside Guard newspaper a
list of the users which were not in compliance with any pretreatment
requirements or standards at least once during the twelve (12) previous
months. The notification shall also summarize any enforcement actions
taken against the user(s) during the same twelve (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. No. 1209 Art. I § 4, 6-13-1983; Ord. No. 1559 § 1, 6-18-1990]
A.
Information and data regarding users obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agencies 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 Chapter, the National Pollutant Discharge Elimination System
(NPDES) permit, the State disposal system permit and/or the pretreatment
programs; provided, 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 (10) day notification is given to the user or a state
of emergency is declared by a legally authorized representative of
the City, the State or the EPA.
