It shall be unlawful for users to discharge directly or indirectly without a POTW permit to any natural outlet within the municipalities, or in any area under the jurisdiction of said municipalities, and/or to the POTW any wastewater except as authorized by the General Manager in accordance with the provisions of this Part 2.
[Amended 12-7-1992 by Ord. No. 202]
A.
General permits. All significant industrial users (SIU), as defined in this Part 2, proposing to connect to or to contribute to the POTW shall obtain a wastewater contribution 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 60 days after the effective date of this Part 2.
B.
Permit application.
(1)
Users required to obtain a wastewater contribution permit shall complete and file with the POTW an application in the form prescribed by the POTW, and accompanied by the fee prescribed by the POTW. Existing users shall apply for a wastewater contribution permit with 60 days after the effective date of this Part 2 and proposed new 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:
(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)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in Article III of this Part 2 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 136, as amended.
(d)
Time and duration of contribution.
(e)
Average daily and thirty-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 material which are or could be discharged.
(h)
The nature and concentration of any pollutants in the discharge which are limited by any municipality, state, POTW, 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 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.).
[2]
No increment referred to in Subsection B(1)(i)[1], above, shall exceed nine months.
[3]
Not later than 14 days following each date in the schedule and final date for compliance, the user shall submit a progress report to the General Manager, 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, 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 General 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 POTW to be necessary to evaluate the permit application.
(2)
The POTW will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the POTW may issue a wastewater contribution permit subject to terms and conditions provided herein.
C.
Permit modifications. Within nine months of the promulgation of any 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, 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 General Manager within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 425-21B(1)(h) and (i). The POTW may require modifications of the permit on the advice of its engineer.
D.
Permit conditions. Wastewater contribution permits shall be expressly subject to all provisions of this Part 2 and all other applicable regulations, user charges and fees established by the municipalities or POTW. It is by this Part 2 made an express condition of the wastewater contribution permit that the permit holder agrees to the inspection and sampling provisions in § 425-24, below, and accepts that those provisions will apply with or without prior notice to permit holder of intended inspection and/or sampling, with or without any prior suspicion of permit violation, and without confinement to regular business hours. Permits may contain the following additional conditions:
(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 schedules.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or discharge reports.
(8)
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the POTW or municipalities and affording POTW or municipalities access thereto.
(9)
Requirements for notification of the POTW 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.
(11)
Requirement for spill plans to be developed and produced to the POTW.
E.
Permit duration. Permits shall be issued for a specified time period, not to exceed five 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 POTW during the term of the permit as limitations or requirements as identified in Article III are modified or other just cause exits. 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. Any significant increase or change in an industrial user's contribution to the POTW shall require a new permit to cover those increases or changes.
F.
Permit transfer. Wastewater contribution permits are issued to a specific user for a specific operation. A wastewater contribution 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 POTW. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
[Amended 12-7-1992 by Ord. No. 202]
A.
Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards and requirements 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 General Manager 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. 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)
All SIUs, 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 General Manager during the months of June and December, unless required more frequently in the pretreatment standard or by the General Manager, 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 in § 425-21B(1)(e) of this Part 2. At the discretion of the General Manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the General Manager may agree to alter the months during which the above reports attested to and signed by an authorized representative and certified by a qualified professional, are to be submitted.
(2)
The General Manager 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), above, shall indicate the mass of pollutants regulated by pretreatment standards or requirements 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 General Manager, of pollutants contained therein which are limited by the applicable pretreatment standards or requirements. The frequency of monitoring shall be prescribed in the applicable pretreatment standard or the user's wastewater contribution permit. All analysis shall be performed in accordance with test methods approved by the Administrator pursuant to § 304(g) of the Act and contained in 40 CFR 136, and amendments thereto or with any other test procedure approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.
(Comment: Where 40 CFR 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.
Submission of all monitoring data/testing by SIU. Each SIU shall submit to the POTW copies of any and all monitoring data or testing data it obtains with regard to any of its operations, regardless of the source or method of such data. All such data must be submitted promptly to the POTW.
A.
The municipalities and POTW 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 situate on the user's premises, but the POTW and municipalities jointly 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 sample 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 POTW requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the POTW.
A.
The municipalities and/or POTW shall inspect the facilities of any user to ascertain whether the purpose of this Part 2 is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the POTW or municipalities or their representatives ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or municipalities, POTW, 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.
B.
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 municipalities, POTW, approval authority and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities. No prior notice to user shall be required.
[Amended 12-7-1992 by Ord. No. 202]
A.
Users shall provide necessary wastewater treatment as required to comply with this Part 2 and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment standards. Any facilities required to pretreat wastewater to a level acceptable to the POTW 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 POTW for review, and shall be acceptable to POTW 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 POTW under the provisions of this Part 2. Any subsequent changes in the pretreatment facilities or methods of operation shall be reported and be acceptable to the POTW prior to the user's initiation of the changes.
B.
The POTW shall annually publish in the local 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 action 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.
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 has stamped as "confidential" the information or data on the report and is able to demonstrate to the satisfaction of the POTW 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 stamped "confidential" on the report 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 request to governmental agencies for uses related to this Part 2, 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 EPA, 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.
The control authority shall at least annually publish in the daily newspaper with the largest circulation in the service area the names of all significant violators whose violations occurred in whole or in part within the prior 12 months.