[Ord. 1-1997, 1/20/1997, Exh. A, § 4.1]
It shall be unlawful to discharge without an Authority permit
to any natural outlet within the City of Lebanon, or in any area under
the jurisdiction of said Authority, and/or to the POTW any wastewater
except as authorized by the Superintendent in accordance with the
provisions of this Part.
[Ord. 1-1997, 1/20/1997, Exh. A, § 4.2]
1.
General Permits. 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
Part.
2.
Permit Application.
A.
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 Part, 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 § 18-611 of this Part, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 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 Authority, 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.).
(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.
B.
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.
3.
Permit Modifications. Within three 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 described 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 § 18-632, Subsection 2, the user shall apply for a wastewater contribution permit within 90 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 90 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Subsections 2A(8) and 2A(9) of § 18-632.
4.
Permit Conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this Part and all other applicable regulations,
user charges and fees established by the Authority. 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 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 City
access thereto.
I.
Requirements for approval by the Superintendent for any new introduction
of wastewater constituents or any change in the volume or character
of the wastewater constituents being introduced into the wastewater
treatment system before discharge commences.
K.
Requirements for the development and submittal of a spill prevention
control and countermeasure program.
L.
Other conditions as deemed appropriate by the City to ensure compliance
with this Part.
5.
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 § 18-611 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.
6.
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.
[Ord. 1-1997, 1/20/1997, Exh. A, § 4.3]
1.
Compliance Data Reports.
A.
Within 90 days following the date of 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 or any other IU who by
the nature of the waste discharged is of concern to the Superintendent
shall submit to the Superintendent a baseline monitoring report indicating
the following:
(1)
Identifying information including the name and address of the
facility including the name of the operator and owners.
(2)
The user shall submit a list of any environmental control permits
held by or for the facility.
(3)
The user shall submit a brief description of the nature, average
and current rate of production, and standard industrial classification
of the operations conducted by the user. This description should include
a schematic process diagram which indicates points of discharge to
the POTW from the regulated processes.
(4)
The user shall submit information showing the measured average
daily and maximum daily flow in gallons per day as defined in 40 CFR
403(12)(b)(4).
(5)
The user shall identify the pretreatment standards applicable
to each regulated process as defined in 40 CFR 403(12)(5).
(6)
This report, reviewed by an authorized representative of the
IU and certified to by a qualified professional, shall state whether
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance and/or pretreatment
is required for the IU to meet the pretreatment standards.
(7)
If additional pretreatment and/or O & M will be required
to meet the pretreatment standards, the shortest schedule by which
the IU will provide such additional pretreatment and/or O & M.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standards and requirements.
B.
Further, once in compliance, any IU subject to categorical pretreatment
standards, or in the case of a new source, after commencement of the
discharge into the POTW, shall submit to the control authority during
the months of June and December, unless required more frequently by
the pretreatment standard or by the control authority, or the approval
authority, a report indicating which are limited by such categorical
pretreatment standards. In addition, this report shall include a record
of measured or estimated average and maximum daily flows for the reporting
period. Where the control authority has imposed mass limitations on
IU's, this report shall include the mass of pollutants regulated by
pretreatment standards in the discharge from the IU.
C.
All analysis shall be performed in accordance with procedures established
by the Administrator pursuant to § 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.
2.
Periodic Compliance Reports.
A.
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 discharge into the POTW, and all IU's classified as significant, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standards. This report shall contain the following oath: "I have personally examined and am familiar with the information submitted in the attached document and I hereby certify under penalty of law that this information was obtained in accordance with the requirements of paragraph 403.6(a). Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment." In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Subsection 2D of this section. 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.
B.
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 2A of this section 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, or 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 § 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.)
C.
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its facility in good working
order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
3.
Reports from Unpermitted Users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Superintendent as may be required for the successful operation
of the POTW.
4.
Notice of Violation/Repeat Sampling and Reporting. If sampling performed
by the user indicates a violation, the user must notify the Superintendent
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 Superintendent within 30 days after becoming
aware of the violation. The user is not required to re-sample if the
POTW monitors at the user's facility at least once a month, or if
the POTW samples between the user's initial sampling and when the
user receives the results of this sampling.
5.
Reports of Changed Conditions. Each user must notify the Superintendent
of any planned significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 30 days before implementing the change.
A.
The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 18-632 of this Part.
C.
For the purpose of this requirement, significant changes include,
but are not limited to, flow increases of 20% or greater, increased
mass concentration discharges of 10% or greater, and the discharge
of previously unreported pollutants.
6.
Notification of Hazardous Waste Discharges. All industrial users
must submit to the POTW a one time report specifying all hazardous
wastes discharged. The POTW will provide this report form upon request.
Further, the POTW must be notified of all subsequent changes in nature
and types of hazardous wastes being discharged.
7.
Sample Collection.
A.
Except as indicated in Subsection 7B below, the user must collect wastewater samples representative of normal discharge conditions using flow proportional composite collection techniques. In the event flow proportional sampling is feasible, the Superintendent may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides
and volatile organic compounds must be obtained using grab collection
techniques.
8.
Record Keeping. Users subject to the reporting requirements of this
Part shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring required
by this Part and any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements. Records shall include the date, exact place, method
and time of sampling, and the name of the person(s) taking the samples
the dates analyses were performed who performed the analyses, the
analytical techniques or methods used and the results of such analyses.
These records shall remain available for a period of at lease three
years. This period shall be automatically extended for the duration
of any litigation concerning the user or the City, or where the user
has been specifically notified of a longer retention period by the
Superintendent.
[Ord. 1-1997, 1/20/1997, Exh. A, § 4.4]
1.
The Authority 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 system.
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.
2.
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.
3.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Authority's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the City.
[Ord. 1-1997, 1/20/1997, Exh. A, § 4.5]
The City shall inspect the facilities of any user to ascertain
whether the purpose of this Part is being met and all requirements
are being met. 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 purpose of inspection, sampling, records examination/copying,
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 purpose of performing their specific responsibilities.
[Ord. 1-1997, 1/20/1997, Exh. A, § 4.6]
1.
Users shall provide necessary wastewater treatment as required to
comply with this Part 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 as 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 Part.
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.
2.
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.
3.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or Approval Authority upon
request.
[Ord. 1-1997, 1/20/1997, Exh. A, § 4.7]
1.
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 productions entitled
to protection as trade secrets of the user.
2.
When requested by the person furnishing a report, the portions of
a report that 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 Part, the National Pollution 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.
3.
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.
