City of Erie, PA Sewage and Industrial Waste Surcharges

This article sets forth uniform requirements for users of the Publicly Owned Treatment Works for the City and enables the City 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), the Pennsylvania Clean Streams Law (35 P.S. § 69.1 et seq.), and the Standards For Discharges of Industrial Wastes To POTWs (25 Pa. § 97.91 et seq.). The objectives of this article are:

To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;

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;

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;

To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;

To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and

(6)

To enable the City 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.

This article shall apply to all users of the Publicly Owned Treatment Works. The article 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.

§ 934.02 Administration.

[Ord. 85-1993 § 1, passed 11-3-1993]

Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other City personnel.

§ 934.03 Abbreviations and definitions.

[Ord. 85-1993 § 1, passed 11-3-1993; Ord. 28-2009, passed 6-3-2009]

Abbreviations. The following abbreviations, when used in this article, shall have the designated meanings:

BOD

Biochemical Oxygen Demand

BMP

Best Management Practices

CFR

Code of Federal Regulations

COD

Chemical Oxygen Demand

EPA

U.S. Environmental Protection Agency

gpd

gallons per day

mg/l

milligrams per liter

NPDES

National Pollutant Discharge Elimination System

POTW

Publicly Owned Treatment Works

RCRA

Resource Conservation and Recovery Act

SIC

Standard Industrial Classification

TSS

Total Suspended Solids

U.S.C.

United States Code

Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.

ACT or THE ACT — The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY — The Regional Administrator of EPA Region III.

AUTHORIZED REPRESENTATIVE OF THE USER —

If the user is a corporation:

The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capitol 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 individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

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 Subsections (b)(3)A through D hereof, may designate another 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 the City.

BEST MANAGEMENT PRACTICES or BMP — The schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Sections 934.04(1) and (2) and 40 CFR 403.5(a)(1) and (b). BMP's include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND or BOD — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration (e.g., mg/l).

(6)

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD — 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.

(7)

CITY — The City of Erie and/or the City Council of Erie.

(8)

DAILY MAXIMUM — The arithmetic average of all effluent samples for a pollutant collected during a calendar day or twenty-four-hour period.

(9)

DAILY MAXIMUM LIMIT — The maximum allowable discharge limit of a pollutant during a calendar day or twenty-four-hour period. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

(10)

ENVIRONMENTAL PROTECTION AGENCY or EPA — The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

(11)

EXISTING SOURCE — 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.

(12)

GRAB SAMPLE — A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

(13)

INDIRECT DISCHARGE or DISCHARGE — The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

(14)

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT — 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 sampling event.

(15)

INTERFERENCE — 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 the City's NPDES permit (including an increase in the magnitude or duration of a 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.

(16)

LOCAL LIMIT — Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

(17)

MEDICAL WASTE — Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(18)

MONTHLY AVERAGE — The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

(19)

MONTHLY AVERAGE LIMIT — The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

(20)

NEW SOURCE —

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 source 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 replaced 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 to 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 (b)(14)A.2. or 3. hereof 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.

(21)

NONCONTACT COOLING WATER — Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(22)

PASS THROUGH — 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 the City's NPDES permit, including an increase in the magnitude or duration of a violation.

(23)

PERSON — Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

(24)

pH — A measure of the acidity or alkalinity of a solution, expressed in standard units.

(25)

POLLUTANT — Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewerage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

(26)

PRETREATMENT — 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 the POTW. This 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.

(27)

PRETREATMENT REQUIREMENTS — Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

(28)

PRETREATMENT STANDARDS or STANDARDS — Prohibited discharge standards, categorical pretreatment standards, and local limits.

(29)

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES — Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 934.04(a).

(30)

PUBLICLY OWNED TREATMENT WORKS or POTW — A "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned and/or operated by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

(31)

SEPTIC TANK WASTES — Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

(32)

SEWAGE — Human excrement and gray water (household showers, dishwashing operations, etc.).

(33)

SIGNIFICANT INDUSTRIAL USER —

A user subject to categorical pretreatment standards; 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 the City 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)(27)B hereof has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City 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 user.

(34)

SLUG LOAD or SLUG — Any discharge of a nonroutine, episodic nature or at a flow rate or concentration which would cause a violation of the prohibited discharge standards in Section 934.04(a) of this ordinance, or has the reasonable potential to cause interference or pass through, or may in any other way violate the POTW's regulations, local limits or permit conditions.

(35)

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE — A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

(36)

STORM WATER — Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

(37)

SUPERINTENDENT — The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article, or a duly authorized representative.

(38)

SUSPENDED SOLIDS — The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

(39)

USER or INDUSTRIAL USER — A source of indirect discharge.

(40)

WASTEWATER — Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which are contributed to the POTW.

(41)

WASTEWATER TREATMENT PLANT or TREATMENT PLANT — That portion of the POTW which is designated to provide treatment, including recycling and reclamation, of municipal sewage and industrial waste.

§ 934.04 General discharge prohibitions.

[Ord. 85-1993 § 2, passed 11-3-1993; Ord. 32-1996 § 1, passed 5-22-1996; Ord. 61-1999, passed 10-13-1999; Ord. 25-2016, passed 8-3-2016]

Prohibited discharge standards.

General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21;

Wastewater having a pH less than 5.0 or more than 12.0, or as more stringently designated by the Superintendent for the purpose of protecting the POTW;

Solids or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than 1/2 inch in any dimension;

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

Wastewater which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40° C.);

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with Section 934.05(d);

Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent;

Sludge, screenings, or other residues from the pretreatment of industrial wastes;

Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit;

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

Fats, oils, or greases of animal or vegetable origin in concentrations having a negative impact on the POTW; or

Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 5% or any single reading over 10% of the Lower Explosive Limit of the meter.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or shored in such a manner that they could be discharged to the POTW.

National Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, found at 40 CFR Chapter I, Subchapter N, the Federal Standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

State requirements. State requirements on discharges shall apply in any case where they are more stringent than Federal requirements and limitations, or those in this article.

Local limits. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:

Parameter	Limit
Arsenic (As)	1.0 mg/l
Cadmium (Cd)	0.6 mg/l
Chromium (Cr)	8.0 mg/l
Copper (Cu)	1.9 mg/l
Cyanide (CN)	1.2 mg/l
Lead (Pb)	0.8 mg/l
Mercury (Hg)	0.0003 mg/l
Nickel (Ni)	7.0 mg/l
Silver (Ag)	1.9 mg/l
Zinc (Zn)	3.4 mg/l
Phosphorus (P)	23.4 mg/l
Oil and Grease	250 mg/l
pH	5.0/12.0

The above limits apply at the point where the wastewater is discharged to the POTW. The Superintendent may impose a more stringent limit for oil and grease, on a case by case basis, for the purpose of protecting the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The Superintendent may impose mass limitations in addition to, or in place of, the concentration-based limitations above.

City's right of revision. The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

§ 934.05 Pretreatment of wastewater.

[Ord. 85-1993 § 3, passed 11-3-1993; Ord. 28-2009, passed 6-3-2009]

Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 934.04(a) within the limitations specified by EPA, the State, or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Superintendent for review, and shall be acceptable to the Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this article.

Additional pretreatment measures.

Whenever deemed necessary, the Superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article.

The Superintendent may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interception shall not be required for residential users. All interceptor units shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

Accidental/slug discharges and control plans.

Each user shall provide protection from any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, of prohibited materials or other substances regulated by this article, or that may cause potential problems for the POTW. Facilities to prevent these discharges shall be provided and maintained at the owner or user's own cost and expense.

In the case of such a discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

Within five days following such a discharge, the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of such a discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur, are advised of the emergency notification procedures.

At least once every two years, the Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/slug 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 Superintendent of any accidental or slug discharge; 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.

Significant industrial users are required to notify the Superintendent immediately of any changes at their facility affecting the potential for a slug discharge.

Hauled wastewater.

Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. Such waste shall not violate Section 934.04 or any other requirements established by the City. The Superintendent may require septic tank waste haulers to obtain wastewater discharge permits.

The Superintendent shall require haulers of industrial waste to obtain wastewater discharge permits. The Superintendent may require generators of hauled industrial waste to obtain wastewater discharge permits. The Superintendent also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this article.

Industrial waste haulers may discharge loads only at locations designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

§ 934.06 Wastewater discharge permit application.

[Ord. 85-1993 § 4, passed 11-3-1993; Ord. 32-1996 § 1, passed 5-22-1996]

Wastewater analysis. When requested by the Superintendent, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.

Wastewater discharge permit requirement.

No significant industrial user shall discharge wastewater into POTW without first obtaining a wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to Subsection (c) hereof may continue to discharge for the time period specified therein.

The Superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permitted to the sanctions set out in Section 934.12 and 934.99. Obtaining a wastewater discharge permit does not relieve a permitter of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

Wastewater discharge permitting: existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the Superintendent for a wastewater discharge permit in accordance with Subsection (e) hereof, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Superintendent.

Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection (e) hereof, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.

Wastewater discharge permit application contents.

All users required to obtain a wastewater discharge permit must submit a permit application. The Superintendent may require all users to submit as part of an application the following information:

All information required by Section 934.08(a)(2);

Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

Number and type of employees, hours of operation, and proposed or actual hours of operation;

Each product produced by type, amount, process or processes, and rate of production;

Type and amount of raw materials processed (average and maximum per day);

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

Time and duration of discharges; and

Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designated to assure 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".

Wastewater discharge permit decisions. The Superintendent will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. The Superintendent may deny, for cause, any application for a wastewater discharge permit.

§ 934.07 Wastewater discharge permit issuance process.

[Ord. 85-1993 § 5, passed 11-3-1993; Ord. 32-1996 § 1, passed 5-22-1996; Ord. 28-2009, passed 6-3-2009]

Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.

Wastewater discharge permit contents.

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

Wastewater discharge permits must contain:

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

A statement that the wastewater discharge permit is nontransferable without prior notification to the Superintendent in accordance with Subsection (e) hereof, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits, including best management practices, based on applicable pretreatment standards;

Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State and local law; and

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.

Requirements to control slug discharge, if determined by the Superintendent to be necessary.

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

Requirements for the development and implementation of spill control plans or other conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

A statement that compliance with the wastewater discharge permit does not relieve the permitted of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

Other conditions as deemed appropriate by the Superintendent to ensure compliance with this article, and State and Federal laws, rules, and regulations.

Wastewater discharge permit appeals.

The user, may petition the Superintendent to reconsider the terms of a wastewater discharge permit, or permit modification, within 30 days of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the user must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

The effectiveness of this wastewater discharge permit shall not be stayed pending the appeal.

If the Superintendent fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final.

Wastewater discharge permit modification.

The Superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the POTW, it's personnel, or the receiving waters;

Violation of any terms or conditions of the wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

To correct typographical or other errors in the wastewater discharge permit; or

To reflect a transfer of the facility ownership or operation to a new owner or operator.

Wastewater discharge permit transfer.

Wastewater discharge permits may be transferred to a new owner or operator only if the permitter gives at least 30 days' advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

Wastewater discharge permit revocation.

The Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the Superintendent of changed conditions pursuant to Section 934.08(e);

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow the Superintendent timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges;

Failure to meet compliance schedules;

Failure to complete a wastewater survey or the wastewater discharge permit application;

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 934.06(e), a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit.

Regulation of waste received from other jurisdictions.

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Superintendent shall enter into an interjurisdictional agreement with the contributing municipality.

Prior to entering into an agreement required by Subsection (h)(1) hereof, the Superintendent shall request the following information from the contributing municipality:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

Such other information as the Superintendent may deem necessary.

An interjurisdictional agreement, as required by Subsection (h)(1) hereof, shall contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use ordinance which is substantially identical and no less stringent as this article and local limits which are at least as stringent as those set out in Section 934.04(d). The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits:

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis:

A requirement for the contributing municipality to designate employees or agents of the City as representatives of the contributing municipality with the same authority as employees or agents of the contributing municipality for the purpose of administration, implementation, and enforcement of the pretreatment program;

A requirement that the terms of the agreement may be amended only by written agreement between the City and municipality;

A requirement that any disputes arising out of this agreement shall be submitted to binding arbitration performed in accordance with the rules of the American Arbitration Association.

§ 934.08 Reporting requirements.

[Ord. 85-1993 § 6, passed 11-3-1993; Ord. 32-1996 § 1, passed 5-22-1996; Ord. 28-2009, passed 6-3-2009]

Baseline monitoring reports.

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 users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection (a)(2) hereof. A least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in Subsection (a)(2) hereof. 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.

Users described above shall submit the information set forth below.

Identifying information. The name and address of the facility, including the name of the operator and owner.

Environmental permits. A list of any environmental control permits held by or for the facility.

Description of operations. A brief description of the nature, average 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.

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 wastestream formula set out in 40 CFR 403.6(e).

Measurement of pollutants.

The categorical pretreatment standards applicable to each regulated process.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection (j) hereof. In the cases where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or the applicable standard to determine compliance with the standard.

Sampling must be performed in accordance with procedures set out in Subsection (k) hereof.

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, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest scheduled by which the user will provide such additional pretreatment and/or O&H. 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 section must meet the requirements set out in Subsection (b) hereof.

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with Section 934.06(f).

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by Subsection (a)(2)G. hereof:

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);

No increment referred to above shall exceed nine months;

The user shall submit a progress report to the Superintendent 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

In no event shall more than nine months elapse between such progress reports to the Superintendent.

Reports on compliance with Categorical Pretreatment Standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in Subsection (a)(2)D. to F. hereof. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 934.06(f).

Periodic compliance reports.

All significant industrial users shall, at a frequency determined by the Superintendent but in no case less than twice per year (April and October), submit a report 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 Superintendent or pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Section 934.06(f).

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 monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Superintendent, using the procedures prescribed in Subsection (k) hereof, the results of this monitoring shall be included in the report.

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 15 days before the change.

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 Section 934.06(e).

The Superintendent may issue a wastewater discharge permit under Section 934.06(g) or modify an existing wastewater discharge permit under Section 934.07(d) in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include, but are not limited to, flow increases over daily flow measurements reported by the user in its baseline monitoring report of 20% or greater, which are not associated with normally occurring process fluctuations and the discharge of any previously unreported pollutants.

Reports of potential problems. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall follow the reporting procedures located in Section 934.05(c).

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Superintendent as the Superintendent may require.

Notice of violation/repeat sampling and reporting. If sampling performed by a 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 resample if the Superintendent monitors at the user's facility at least once a month, or if the Superintendent samples between the user's initial sampling and when the user receives the results of this sampling. If the City performed the sampling and analysis in lieu of the industrial user, the City will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.

(i)

Notification of the discharge of hazardous waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under Subsection (e) hereof. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Subsections (a), (c) and (d) hereof.

Dischargers are exempt from the requirements of Subsection (i)(1) hereof, during a calendar month in which they discharge no, more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 Con 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable Federal or State law.

(j)

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

(k)

Sample collection.

Except as indicated in Subsection (k)(2) hereof, the user must collect wastewater samples using twenty-four-hour flow proportional composite collection techniques unless time proportional composite sampling or grab sampling is authorized by the Superintendent. Where time proportional composite sampling or grab sampling is authorized by the Superintendent the user must demonstrate that this will provide a representative sample of the effluent being discharge. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in Sections 934.08(a) and (c) of this ordinance (40 CFR 403.12(b) and (d)), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical data are available. The superintendent may authorize a lower minimum. For the reports required by Subsection (d) hereof (40 CFR 403.12(e) and 403.12(h)) the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(l)

Timing. Written reports will be deemed to have been submitted on the date posted. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(m)

Record keeping. 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 including documentation associated with BMP's and any additional records of such 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 least three years. The 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.

§ 934.09 Compliance monitoring.

[Ord. 85-1993 § 7, passed 11-3-1993; Ord. 32-1996 § 1, passed 5-22-1996]

Right of entry: inspection and sampling. The Superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where a user has security measures in force which 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, the Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.

The Superintendent shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be born by the user.

Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of this article.

Search warrants. If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City, designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Superintendent may seek issuance of a search warrant from a District Justice or the Court of Common Pleas of Erie County.

§ 934.10 Confidential information.

[Ord. 85-1993 § 8, passed 11-3-1993]

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Superintendent's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

§ 934.11 Publication of users in significant noncompliance.

[Ord. 85-1993 § 9, passed 11-3-1993; Ord. 28-2009, passed 6-3-2009]

The Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more, all measurements taken for the same pollutant parameter taken during a six-month period exceed by any magnitude a numeric pretreatment standard or requirement, including instantaneous limits as defined in Section 934.03 of this ordinance;

Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits as defined in Section 934.03 of this ordinance multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by Section 934.03 of this ordinance (daily maximum, long-term average, instantaneous limits or narrative standard) that the Superintendent believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge:

Failure to meet, within 90 days of the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; or

Any other violation(s), which may include a violation of best management practices (BMP's), which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

§ 934.12 Enforcement.

[Ord. 85-1993 § 10, passed 11-3-1993; Ord. 32-1996 § 1, passed 5-22-1996; Ord. 32-1996 § 2, passed 5-22-1996]

Harmful contributions. The Superintendent may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Superintendent in order to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW, or causes the POTW to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Superintendent shall reinstate the wastewater treatment service and/or the wastewater contribution permit upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Superintendent within 15 days of the date of occurrence.

Revocation of permit. Wastewater discharge permits may be revoked in accordance with Section 934.07(f).

Notification of violation. When the Superintendent finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon that user a written Notice of Violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

Show cause hearing. The Superintendent may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Legal action. If any person has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may commence an action for appropriate legal and/or equitable relief in a Court of competent jurisdiction, including, but not limited to injunctive relief, civil penalties, fines, and imprisonment.

Consent orders. The Superintendent may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections (g) and (h) hereof and shall be judicially enforceable.

Compliance orders. When the Superintendent finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutant discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relive the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease and desist orders. When the Superintendent finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to:

Cease and desist all such violations; and

Immediately comply with all requirements; and

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(i)

Remedies nonexclusive. The remedies provided for in this article are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the POTW enforcement response plan. However, the Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any noncompliant user.

§ 934.13 Fees.

[Ord. 85-1993 § 11, passed 11-3-1993]

Purpose. It is the purpose of this article to provide for the recovery of costs from users of the POTW for the implementation of the program established herein. The applicable charges or fees shall be set forth by the Superintendent.

Surcharge fees. In the event any user discharges industrial wastes to the POTW in excess of 300 milligrams per liter of suspended solids, and/or an average five-day BOD in excess of 250 milligrams per liter, they shall pay a surcharge based upon the excess strength of their wastes. The amount of the surcharge shall be determined by using the following formulas:

Biological Oxygen Demand

(BOD - 250 mg/l x 8.34 x MGD x Treatment Cost per lbs. =)

Suspended Solids

(TSS - 300 mg/l x 8.34 x MGD x Treatment Cost per lbs. =)

Surcharge

The cost per lb. for treatment will be determined by the Superintendent of the POTW, and will be based on actual cost of treatment.

Pretreatment program charges and fees. The Superintendent may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the POTW's pretreatment program.

Fees for monitoring, inspections, and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit application.

Fees for filing appeals.

(6)

Fees for consistent removal by the Treatment Plant of pollutants otherwise subject to federal pretreatment standards.

(7)

Other fees as the Superintendent may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this article and are separate form all other fees chargeable by the City.

§ 934.14 Affirmative defenses to discharge violations.

[Ord. 32-1996 § 2, passed 5-22-1996]

Upset. For the purpose of this section, "upset" means an exceptional incidence in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

An upset shall continue an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection (a)(2) hereof, below, are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the user can identify the cause(s) of the upset;

The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

The user has submitted the following information to the Superintendent within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:

A description of the indirect discharge and cause of noncompliance.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, and

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 934.04(a) of this article or the specific prohibitions in Sections 934.04(a)(2)C through G and 934.04(a)(2)I through Q, if it can prove that it did not know, or have reason to know, that its discharge, along or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A local limit exists for each pollutant discharges and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

No local limit exists, but the discharge did not change substantially in nature of consituence from the user's prior discharge when the POTW was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass. For the purposes of this section, "bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.

SEVERE PROPERTY DAMAGE — Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsection (c)(2) and (3) hereof.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent, at least 10 days before the date of the bypass, if possible.

A user shall submit oral notice to the Superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Superintendent may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Bypass is prohibited, and the Superintendent may take an enforcement action against a user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

The user submitted notices as required under Subsection (c)(3) hereof.

The Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Superintendent determines that it will meet the three conditions listed in Subsection (c)(4) hereof.

§ 934.15 Severability.

[Ord. 85-1993 § 12, passed 11-3-1993]

If any provision, paragraph, word, section, or article of this article is invalidated by any court of competent jurisdiction the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.

§ 934.99 Penalty.

[Ord. 85-1993 § 10, passed 11-3-1993]

Civil penalties. Any user who is found to have violated, or continues to violate, one or more of the provisions of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, may be assessed a civil penalty. The penalty may be assessed whether or not the violation was willful or negligent. The civil penalty shall not exceed $25,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct offense.

For purposes of this section, a single operational upset which leads to simultaneous, multiple violations, shall be treated as a single violation as required by the Federal Water Pollution Control Act, 33 U.S.C. § 1252 et seq.

In addition to penalties provided herein, the Superintendent may recover interest, damages, costs, reasonable attorney's fees, expert witness fees, court costs, court reporter's fees, and other expenses of litigation by appropriate suit at law or equity against the person or user found in violation.