A.Â
This chapter sets forth uniform requirements for users of the Publicly
Owned Treatment Works for the City of South Milwaukee and enables
the City of South Milwaukee to comply with all applicable State and
Federal laws, including the Clean Water Act (33 United States Code
§ 1251 et seq.), the General Pretreatment Regulations (40
Code of Federal Regulations Part 403), and the General Pretreatment
Requirements (Chapter NR 211). The objectives of this chapter are:
(1)Â
To prevent the introduction of pollutants into the Publicly Owned
Treatment Works that will interfere with its operation;
(2)Â
To prevent the introduction of pollutants into the Publicly Owned
Treatment Works that will pass through the Publicly Owned Treatment
Works, inadequately treated, into receiving waters, or otherwise be
incompatible with the Publicly Owned Treatment Works;
(3)Â
To protect both Publicly Owned Treatment Works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
(4)Â
To promote reuse and recycling of industrial wastewater and sludges
from the Publicly Owned Treatment Works;
(5)Â
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the Publicly Owned Treatment
Works; and
(6)Â
To enable South Milwaukee to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other Federal or State laws to which the Publicly Owned Treatment
Works is subject.
B.Â
This chapter shall apply to all users of the Publicly Owned Treatment
Works. The chapter authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
A.Â
Superintendent. Except as otherwise provided herein, the Superintendent
shall administer, implement, and enforce the provisions of this chapter.
Any powers granted to or duties imposed upon the Superintendent may
be delegated by the Superintendent to other South Milwaukee personnel
or authorized representative.
The following abbreviations shall have the designated meanings:
Biochemical Oxygen Demand.
Code of Federal Regulations. (40 CFR, Part 403, is Title
40 of the Code of Federal Regulations, Part 403),
Chemical Oxygen Demand.
Environmental Protection Agency.
Gallons per day.
Liter.
Milligrams.
Milligrams per liter.
Publicly Owned Treatment Works.
Resource Conservation and Recovery Act.
Standard Industrial Classification.
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
Total Suspended Solids.
United States Code.
Underground Storage Tank.
Volatile Organic Compounds.
Wisconsin Pollutant Discharge Elimination System.
Unless a provision specifically states otherwise, the following
terms and phrases, as used in this chapter, shall have the meanings
hereinafter designated.
Accidental or unintentional discharge of wastewater from
an industrial user, which contains indirect discharge, pollutants
or sludges which are not normally discharged by the industrial user.
An accidental discharge may also be an unintentional slug loading
of wastes normally discharged by the industrial user, which causes
the industrial user to exceed its wastewater discharge permit limitations.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Wisconsin Department of Natural Resources (DNR).
If the user is a corporation: a manager having the authority
to make capital investment decisions and assure long term environmental
compliance.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a Federal, State, or Local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in paragraphs a through c, above,
may designate another duly authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted
to South Milwaukee.
Management or operational procedures, schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce pollution.
The quantity of for oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures, five days
at 20° C. expressed in terms of weight and concentration (milligrams
per liter [mg/1]).
A sewer conveying wastewater from the premises of a user
to the sanitary sewer.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
The quantity of oxygen required for chemical oxidation of
organic matter in wastewater.
The City of South Milwaukee, the Common Council of South
Milwaukee or its delegated representative.
Non-toxic, non-hazardous wastewater from commercial facilities
which is usually similar in composition to domestic wastewater, but
may occasionally have one or more of its constituents exceed typical
domestic ranges. Included in this definition are wastewaters from
commercial food service operations, commercial laundry facilities,
animal holding facilities (such as kennels, veterinary hospitals).
The water discharged from any use such as air conditioning,
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 of Wisconsin.
Wastewater discharged from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories,
commercial establishments, institutions, and free from storm surface
water, cooling water, commercial kitchen waste, and industrial waste.
"Normal domestic wastewater" shall be considered to contain 200 mg/l
BOD, 200 mg/l total suspended solids and 5 mg/l of total phosphorus.
The US Environmental Protection Agency, or where appropriate,
the Regional Water Management Division Director term may also be used
as a designation for the Administrator or other duly authorized official
of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
A generator is the person who owns or causes wastewater,
leachate or groundwater to be generated.
A sample taken from a waste stream without regard to the
flow in the waste stream, and over a period of time not to exceed
15 minutes.
Industrial wastewater containing greater than 200 mg/l BOD,
200 mg/l total suspended solids or five mg/l total phosphorus.
[Added 10-16-2018 by Ord.
No. 2180]
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The introduction of pollutants including hauled waste discharges
into the POTW from non-domestic source regulated under Section 307(b),
(c) or (d) of the Act.
A source of indirect discharge.
Any liquid substance rejected or escaping from any industrial,
manufacturing, trade or business process as distinct from domestic
wastewater.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sample event.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of South Milwaukee's
WPDES Permit (including an increase in the magnitude or duration of
the violation), or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent State or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act,
including Title II commonly referred to as the Resource Conservation
and Recovery Act (RCRA); any State regulations contained in any State
Sludge Management Plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.
Leachate is defined as the water that has been generated
by a solid waste facility, which is the result of precipitation, infiltration
or dewatering where water has been in contact with solid waste.
Groundwater or purged water from response to a leaking underground
storage tank.
Any building, structure, facility or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such sources
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production of wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent factors, such as the extent of which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure facility or installation
meeting the criteria of Subsection A(2) or (3) above but otherwise
alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation
or removal of existing buildings, structures or facilities which is
necessary for the placement, assembly or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment, which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts, which
can be terminated or modified without substantial loss and contracts
for feasibility, engineering and design studies do not constitute
a contractual obligation under this paragraph.
A user that discharges no more than 100 gallons per day of
total categorical wastewater, and does not discharge untreated concentrated
wastes.
Water used for cooling, which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of South Milwaukee's WPDES permit,
including an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
trust, estate, governmental entity, public or private corporation,
individual, partnership, or other entity including but not limited
to association, commission or any interstate body, or other legal
entity; or their legal representatives, agents or assigns. This definition
includes all Federal, State and local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in grams per liter of solution in standard units.
The quantity of total phosphorus expressed in milligrams
per liter (mg/l).
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discharged equipment, rock, sand, cellar dirt and industrial, municipal
and agricultural wastes and certain characteristics of wastewater
(e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity,
or odor).
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of introducing such pollutants
into a POTW. The reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes or by other means,
except by diluting the concentration of the pollutants unless allowed
by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards and local limits.
A sewer not owned by the City of South Milwaukee.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 11.10.
Garbage which has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers with no particle greater than 1/2 inch
in any dimension.
A sewer owned and controlled by the City of South Milwaukee.
A "treatment works" as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned by South Milwaukee. This
definition includes any devices or systems used in the collection,
storage treatment, recycling and reclamation of sewage or industrial
waste of a liquid nature and other conveyances which convey wastewater
to a treatment plant.
Any person who is recognized in the field of wastewater treatment
as a professional by others in the field of wastewater treatment.
A sewer which carries domestic wastewater and industrial
wastewater and to which storm, surface, ground and unpolluted cooling
or process waters are not intentionally admitted.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A pipe or conduit for carrying wastewater.
Is mandatory; "May" is permissive.
A user subject to categorical pretreatment standards, with the
exception of those users meeting the definition of a non-significant
categorical industrial user (NSCIU) and so designated by the Superintendent;
or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater).
Contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by South Milwaukee on the basis that it
has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, South Milwaukee may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 11.10 of this chapter.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Office of Management and Budget.
State of Wisconsin.
A sewer, which carries storm water, surface water, drainage
and unpolluted industrial water discharger, such as cooling and air
conditioning water, but excludes wastewater.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The person designated by South Milwaukee to supervise the
operation of the POTW, and who is charged with certain duties and
responsibilities by this chapter or a 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.
The sum of suspended and dissolved solids.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator or the Environmental
Protection Agency under the provision of Section 307(2) of the Act
or other Acts.
Water of quality equal to or better than the effluent criteria
in effect, or water that is of sufficient quality that it would not
be in violation of federal or state water quality standards, if such
water were discharged into navigable waters of the state.
An exceptional incident in which a discharger is unintentionally
and temporarily in a state of noncompliance with the standards set
forth in this chapter due to factors beyond the reasonable control
of the discharger, and excluding noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless
or improper operation thereof.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial facilities
and manufacturing, and institutions, whether treated or untreated,
which are contributed to the POTW.
See § 4.08.
As set forth in § 11.31 of this chapter.
That portion of the POTW, which is designed to provide treatment
of municipal sewage and industrial waste.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, 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.
Any permit or requirement issued by the Department of Natural
Resources (DNR) pursuant to the Federal Water Pollution Control Act,
as amended (33 U.S.C. § 1251 et seq.), for the purpose of
controlling sewage, industrial wastes or other wastes under the authority
of Section 402 of the Act.
