[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 147, Art. II, of
the 2013 Code.]
All persons discharging industrial process wastes into public
or private sewers connected to the City's wastewater facilities shall
comply with applicable requirements of local, state and federal industrial
pretreatment regulations and pretreatment standards for new and existing
sources set out in 40 CFR Chapter I, Subchapter N, Parts 403 to 471
(as amended).
A.
Permit required. Effective 120 calendar days after this provision
is adopted by the City, the discharge of any industrial waste to the
City's wastewater works or to a public or private sewer connected
to the City's wastewater facilities is prohibited without a valid
industrial discharge permit (IDP).
B.
Permit application. Within 60 days after the effective date of these
industrial pretreatment rules, persons subject to these rules shall
submit an application for an IDP containing the information required
below:
(1)
The name and address of the facility, including the name of the operators
and owners.
(2)
A list of all environmental permits held by or for the facility.
(3)
A brief description of the nature, average rate of production, and
Standard Industrial Classification of the operations carried out at
such facility.
(4)
An identification of the categorical pretreatment standards applicable
to each regulated process.
(5)
An analysis identifying the nature and concentration of pollutants
in the discharge.
(6)
Notification to the City, EPA Waste Management Division, and the
state hazardous waste authority of any proposed or existing discharge
of listed or characteristic hazardous waste as required by 40 CFR
403.12(p). In those instances in which the industrial user provides
notification of discharge of hazardous wastes, the industrial user
shall also provide the following certification; "I certify that the
company has a program in place to reduce the volume and toxicity of
hazardous wastes generated to the degree the company has determined
to be economically practical." Reference 40 CFR 403.12(j) and (p).
(7)
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the public sewer from regulated process
streams and from other streams.
(8)
A schedule of actions to be taken to comply with discharge limitations.
(9)
Additional information as determined by the Community Services Director,
or designee, or his representative may also be required.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
C.
Provisions. The IDP will outline the general and specific conditions
under which the industrial process waste is accepted for treatment
at the City's wastewater treatment plant. Specifically included in
the IDP are the following:
(1)
Pretreatment and self-monitoring facilities required.
(2)
Parameters to be monitored, type of samples, and monitoring frequencies
required.
(3)
Effluent limitations, including best management practices, on the
industrial process waste, using the combined waste stream formula
where applicable, also considering federal categorical pretreatment
standards, and local limits, then applying the more stringent of the
two sets of pretreatment standards.
(4)
Reporting requirements.
(5)
Location of sampling site.
(6)
Notification by the industrial user of slugs, bypass or noncompliance.
(7)
Penalties for noncompliance.
(8)
Compliance schedule.
D.
Permit duration. The IDP shall be issued for a period of time not
to exceed five years from the date it is issued. The user shall apply
to the POTW for permit renewal a minimum of 60 days prior to the expiration
of any existing IDP. Any changes or new conditions in the IDP imposed
on the user by the POTW shall include a time schedule for compliance.
E.
Permit transfer. An IDP is issued to a specific user for a specific
operation. An IDP 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
comply with the terms and conditions of the existing permit until
such time that the POTW issues a new IDP.
F.
Accidental discharge/slug discharge control plans. The Community Services Director, or designee, shall evaluate whether each significant industrial user needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Community Services Director, or designee, may require within any user's control mechanism (permit) the user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Community Services Director, or designee, may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following: description of discharge practices, including nonroutine batch discharges; description of stored chemicals; procedures for immediately notifying the Community Services Director, or designee, of any accidental or slug discharge, as required by § 121-18 of this article; and 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.
G.
Significant industrial users are required to notify the POTW immediately
of any changes at their facility affecting the potential for a slug
discharge.
A.
All significant industrial users are required to submit periodic
compliance reports. All significant industrial users must, at a frequency
determined by the Community Services Director, or designee, submit
no less than twice per year [June and December (or on dates specified)]
reports indicating the nature and concentration of pollutants in the
discharge which are limited by pretreatment standards and the measured
or estimated average and maximum daily flows for the reporting period.
In cases where the pretreatment standard requires compliance with
a best management practice (BMP) or pollution prevention alternative,
the user must submit documentation required by the Community Services
Director, or designee, on the pretreatment standard necessary to determine
the compliance status of the user. Sampling for all significant industrial
users for periodic reports must be performed during the period covered
by the report. Extra sampling data from categorical significant industrial
users must be included in the periodic reports. The reports shall
state whether the applicable categorical pretreatment standards and
effluent limitations are being met on a consistent basis and, if not,
what additional operations and maintenance practices and/or pretreatment
is necessary. Additional requirements for such reports may be imposed
by the Community Services Director, or designee, or his representative.
B.
Reports submitted under this section shall be signed by an authorized representative and shall contain the certification statement of 40 CFR 403.6(a)(2)(ii); an authorized representative may be as specified in Subsection C.
C.
Signature for reports. The reports required by Subsections A and B shall include the certification as set forth in Subsection D and shall be signed as follows:
(1)
By a responsible corporate officer, if the industrial user submitting
the reports required this article is a corporation. For the purpose
of this subsection, a "responsible corporate officer" means:
(a)
A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policymaking or decision making functions
for the corporation; or
[Amended 1-13-2021 by Ord. No. 2020.12.09-016]
(b)
The manager of one or more manufacturing, production, or operating
facilities, provided that the manager is authorized to make management
decisions which govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(2)
By a general partner or proprietor if the industrial user submitting
the reports required by this article is a partnership or sole proprietorship,
respectively.
(3)
(b)
The authorization specified either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, operator of a well or well field, superintendent, or
a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(c)
The written authorization is submitted to the City.
(4)
If an authorization under Subsection C(3) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection C(3) must be submitted to the City prior to or together with any reports to be signed by an authorized representative.
D.
Certifications. All reports required to be signed as specified in Subsection C shall include the following certification:
"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 ensure 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."
Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 121-13C(3) to implement discharge limits and requirements of Article I, § 121-5. 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. Additionally, flow rate and production rate may be required. These records shall remain available for a period of at least five 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 City's authorized agent.
A.
The IDP will contain a statement of duration, but in no case shall
the duration be for more than five years.
B.
The IDP is nontransferable and may be revoked for noncompliance,
or modified so as to conform to discharge limitation requirements
that are enacted by federal or state rules and/or regulations.
C.
An industry proposing a new discharge or a change in volume or character
of its existing discharge must submit a completed IDP application
to the City at least 60 days prior to the commencement of such discharge.
The submitted application must include plans and engineering drawings,
stamped by a registered professional engineer, of the proposed pretreatment
facilities. Upon approval of the application by the City, a discharge
permit request is submitted by the community to the Division. The
industry and the City will enter into a new or amended IDP in accordance
with the procedure outlined in this article.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
D.
Industrial users will be assessed an annual fee by the City to defray
the administrative costs of the IDP program.
E.
For industrial users whose discharge is in noncompliance with this
article, the local or federal pretreatment programs, as amended, shall
meet the requirement of 40 CFR 403.8(f)(1)(iv).
A.
Notification. The Community Services Director, or designee, shall
provide timely notification to appropriate industries of applicable
categorical pretreatment standards.
B.
Deadline for compliance with categorical standards. As defined in
40 CFR 403.6(b).
C.
Amendment to IDP required. An industrial user subject to categorical
pretreatment standards shall not discharge to wastewater facilities
after the compliance date of such standards unless an amendment to
its IDP has been issued by the Community Services Director, or designee.
D.
Application for IDP amendment. Within 180 days after the effective date of a categorical pretreatment standard, an industry subject to such standards shall submit an application for an IDP amendment. The application shall contain the information noted under Subsection G(2) of this section.
E.
Categorical compliance schedule reports. Each user subject to a compliance schedule as required under 40 CFR 403.8(f)(1)(iv) or § 121-13B(8) shall report on progress, to include 40 CFR 403.12(c), toward meeting compliance with these regulations as follows:
(1)
Not later than 14 days following each date in the schedule, and the
final date for compliance, the industrial user shall submit a progress
report to the Community Services Director, or designee, indicating
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 the delay, and the steps being taken by the industrial
user to return the progress to the schedule established.
(2)
The time for any increment in the schedule, or the interval between reports required in Subsection E(1), shall not exceed nine months. An "increment" is the time between the dates for commencement and completion of major events leading to the construction and operation of pretreatment facilities necessary to achieve compliance with this article and categorical pretreatment standards.
F.
Report on compliance with categorical standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new industrial user, following introduction of wastewater into City sewer, any industrial user subject to pretreatment standards and requirements shall submit to the Community Services Director, or designee, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and the average and maximum daily flow for these process lines. The report shall state whether the applicable pretreatment standards are being met on a consistent basis, and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative (see § 121-14C) and certified by a qualified professional engineer.
G.
Baseline monitoring reports. Reporting requirements for industrial
users upon the effective date of a categorical pretreatment standard
baseline report shall be in accordance with 40 CFR 403.12(b).
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the City's authorized agent a report which contains the information listed in Subsection G(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the City's authorized agent a report which contains the information listed in Subsection G(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged [40 CFR 403.12(b)(4) and (5)].
(2)
Users described above shall submit the information set forth below:
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production, including each product produced by type,
amount, processes, and rate of production, and Standard Industrial
Classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates
points of discharge to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants.
[1]
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
[2]
The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the standard or
by the Community Services Director, or designee, of regulated pollutants
in the discharge from each regulated process.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
[3]
Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported.
[4]
The sample shall be representative of daily operations and shall
be analyzed in accordance with 40 CFR Part 136. Where the standard
requires compliance with a BMP or pollution prevention alternative,
the user shall submit documentation as required by the City's authorized
agent or the applicable standards to determine compliance with the
standard.
[5]
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection.
[6]
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e),
this adjusted limit along with supporting data shall be submitted
to the Community Services Director, or designee.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
[7]
Sampling and analysis shall be performed in accordance with,
and as outlined in, the user's control mechanism (permit).
[8]
The City's authorized agent may allow the submission of a baseline
report which utilizes only historical data, so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
[9]
The baseline report shall indicate the time, date and place
of sampling and methods of analysis and shall certify that such sampling
and analysis are representative of normal work cycles and expected
pollutant discharges to the POTW.
(f)
Compliance certification. A statement, reviewed by the user's
authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis, and, if not, what additional operation and maintenance practices
and pretreatment are necessary.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(g)
Compliance schedule. If additional pretreatment and/or operation
and maintenance will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional
pretreatment and/or operation and maintenance must be provided. The
completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. A compliance
schedule pursuant to this subsection must meet these requirements
as set forth:
[1]
The schedule shall contain progress increments 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 (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
[2]
No increment referred to above shall exceed nine months;
[3]
The user shall submit a progress report to the Community Services
Director, or designee, no later than 14 days following each date in
the schedule and the final date of compliance, including, as a minimum,
whether or not it complied with the increment of progress, the reason
for any delay, and, if appropriate, the steps being taken by the user
to return to the established schedule; and
[4]
In no event shall more than nine months elapse between such
progress reports to the City's authorized agent.
(3)
Signature
and report certification. All baseline monitoring reports must be
certified in accordance with 40 CFR 403.6(a)(2)(ii) and signed by
an authorized representative.
H.
For the POTW developing a pretreatment program pursuant to 40 CFR
403.8, specific discharge limits on pollutant(s) shall be developed
and continue to be developed as necessary and effectively enforced
by the City.
Industrial users shall immediately notify the Superintendent
of the Wastewater Treatment Plant of any slug or process waste discharged
by such user to the City's system. A written report shall be sent
by the user to the Community Services Director, or designee, within
five days of the incident describing reason for the slug or spill,
remedial action taken, and steps taken to prevent its reoccurrence,
all complete and concise.
A.
Any damage experienced by the City as the result of a spill or slug
is considered a violation of this article and costs for repair, replacement
or other associated costs shall be recoverable.
B.
The Community Services Director, or designee, shall evaluate, at
least once every two years, whether each significant industrial user
needs a plan to control slug discharges. For purposes of this subsection,
a "slug discharge" is any discharge of a nonroutine, episodic nature,
including but not limited to an accidental spill or noncustomary batch
discharge. The results of such activities shall be available to the
Community Services Director, or designee, upon request. If the POTW
decides that a slug control plan is needed, the plan shall contain,
at a minimum, the following elements:
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(1)
Description of discharge practices, including nonroutine batch discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate a prohibition under 40
CFR 403.5(b), with procedures for follow-up written notification within
five days.
(4)
If necessary, procedures to prevent adverse impact from accidental
spills, including 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 necessary for emergency response.
The Community Services Director, or designee, may, after formal
notice to the industry discharging wastewater to the public sewer,
immediately halt or prevent any such discharge reasonably appearing
to present an imminent endangerment to the health and welfare of persons,
or any discharge presenting, or which may present, an endangerment
to the environment, or which threatens to interfere with operation
of the public sewer or wastewater treatment facilities. Actions which
may be taken by the City include ex parte temporary judicial injunctive
relief, entry on private property to halt such discharge, blockage
of a public sewer to halt such discharge, or demand of specific action
by the industry.
The City shall, as necessary, sample and analyze the wastewater
discharges of contributing industries and conduct surveillance and
inspection activities to identify, independently of information supplied
by such industries, occasional and continuing noncompliance with industrial
pretreatment standards. Additionally, the City will sample the effluent
from each significant industrial user and inspect it at least annually.
Each industry will be billed directly for costs incurred for analysis
of its wastewater. All industries discharging to the City system shall
allow unrestricted access by City, Division, and EPA personnel for
the purposes of investigating and sampling discharges from the industries.
The City shall investigate instances of noncompliance with industrial
pretreatment standards and requirements.
Information and data submitted to the City under its industrial
pretreatment program and this article relating to process and/or wastewater
discharge characteristics shall be available to the public in accordance
with those conditions as set forth in 40 CFR 403.14.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The City shall comply with the public participation requirements of 40 CFR Part 25 in the enforcement of national pretreatment standards. The Community Services Director, or designee, shall publish annually, in newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user) that violate Subsection C, D or H of the definition of "significant noncompliance" in Article I, § 121-1.
