It shall be unlawful for any Significant Industrial User to
discharge wastewater to the POTW without a permit, or contrary to
the conditions of a permit, issued by the POTW in accordance with
the provisions of this ordinance.
Wastewater discharge permit. All Significant Industrial Users proposing
to connect to or to contribute to the POTW shall obtain a Wastewater
Discharge Permit before connecting to or contributing to the POTW.
All Significant Industrial Users which are existing Sources connected
to or contributing to the POTW shall obtain a Wastewater Discharge
Permit within 180 days after the effective date of this ordinance.
All Industrial Users which become Significant Industrial Users after
promulgation of this ordinance shall apply for a Wastewater Discharge
Permit within 180 days after becoming a Significant Industrial User.
(The latter includes, but is not limited to, Industrial Users regulated
by the newly promulgated National Categorical Pretreatment Standard.)
Significant Industrial Users required to obtain a Wastewater Discharge
Permit shall complete and file with POTW an application in a form
to be prescribed and furnished by the POTW and accompanied by a fee
of $350.
Existing Significant Industrial Users shall apply for a Wastewater Discharge Permit within 90 days after the effective date of this ordinance. Proposed Significant Industrial Users which are New Sources shall apply at lease 90 days prior to discharging to the POTW. In case of conflict between application deadlines for Significant Industrial Users in § 117.405A and B2, the stricter deadline shall apply.
Wastewater constituents and characteristics including, but not limited to, those set forth in Article III of this ordinance as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with Standard Methods;
Site plans showing all pipe size, manholes and location of sanitary
and storm sewers leaving the building or premises, together with all
connections to lateral sanitary and storm sewers;
Significant Industrial User's source of intake water together
with the types of usage and disposal sources of water and the estimated
volumes in each category.
If additional Significant Industrial User operation and maintenance or pretreatment techniques or installations will be required to meet pretreatment standards, the shortest schedule by which the Significant Industrial User will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established under Article III.
Review of wastewater discharge permit applications. The POTW will evaluate the data furnished by the Significant Industrial User and may require additional information. After evaluation of the data furnished, the POTW may issue a Wastewater Discharge Permit. No temporary permit will be issued by the POTW except as set forth in § 117.405G.
Permit conditions. Wastewater Discharge Permits shall be expressly
subject to all provision of this ordinance and all other applicable
regulations, user charges, and fees established by the POTW. Wastewater
Discharge Permits shall contain the following:
The Wastewater Discharge Permit shall include the limits on daily
maximum and average pollutant concentrations from the applicable pretreatment
standard (which includes federal, state, and local limits) whichever
is more stringent.
Limits on maximum and average flow rate and time of discharge or
requirements for flow regulation and equalization for each separate
discharge of a User.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
Requirements to retain for a minimum of three years any records of
monitoring activities and results relating to wastewater discharge
and for affording the POTW access to said records.
Requirements for advance notification to the POTW of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system pursuant to the terms of § 117.405E of this Ordinance.
Requirements that permittee allow the POTW or its representatives
ready access upon presentation of credentials at reasonable times
to all parts of its premises in which a discharge source or treatment
system is located or in which records required by this ordinance are
kept for the purposes of inspection, sampling, examination and photocopying
of said records and for the performance of any of their duties.
Change in conditions. In the event the type, quality, or volume of
wastewater from the property for which a Wastewater Discharge Permit
was previously granted is expected to materially and substantially
change as reasonably determined by the permittee or POTW, the permittee
previously granted such permit shall give thirty day notice in writing
to the POTW and shall made a new application to the POTW prior to
said change, in the same manner and form as originally made, provided
that information previously submitted and unchanged need not be resubmitted
by permittee. No permittee shall materially and substantially change
the type, quality or volume of its wastewater beyond that allowed
by its permit without prior approval of the POTW.
Duration. Wastewater Discharge Permits shall be used for a two-year
period. The Permittee shall file an application for renewal of its
permit at least 90 days prior to expiration of the User's Permit.
The Industrial User shall apply, on a form provided by the POTW, for
reissuance of the Permit.
Modification. The terms and conditions of the permit may be subject to modification by the POTW during the term of the permit as limitations or requirements as identified in Article III are modified or other just cause exists. Where the National Categorical Pretreatment Standards are modified by a removal allowance (40 CFR § 403.7) or the combined waste stream formula [40 CFR 403.6(e)] or net/gross calculations (40 CFR 403.15) or Fundamentally Different Factor Variance for non-toxics (40 CFR 403.13), of the General Pretreatment Regulations, the limits as modified shall be made a part of the wastewater Discharge Permit and shall be adjusted consistent with the USEPA guidelines and regulations. The Significant Industrial User shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Where any changes are made in the Significant Industrial User's permit, a reasonable time shall be given to achieve compliance. Reasonable time requires that a Significant Industrial User act in good faith to achieve compliance by the shortest possible schedule.
Transfer. Wastewater Discharge Permits are issued to a specific Significant
Industrial User for the process activity specified in the permit.
A Wastewater Discharge Permit shall not be assigned, transferred or
sold to a new owner or new user in different premises or to a new
or changed operation in the same or different premises without the
approval of the POTW. If the premises are sold or otherwise transferred
by the permittee to a new owner who will maintain the operation in
the same premises, then the permit held by the seller shall be reissued
by the POTW to the new owner as a temporary permit; provided that
the new owner shall immediately apply for a new permit in accordance
with this ordinance and further provided that the temporary permit
shall only be effective for 90 days after the date of sale or transfer.
The POTW shall have the same remedies for violation of temporary permits
as it has for violation of other discharge permits.
No Wastewater Discharge Permit shall be issued by the POTW to any person or Industrial User whose discharge of material to sewers, whether shown upon his application or determined after inspection and testing conducted by the POTW, is not in conformity with POTW ordinances and regulations or whose application is incomplete or does not comply with the requirements of § 117.405B. The POTW shall state the reason or reasons for denial in writing, which shall be mailed or personally delivered to the applicant within 10 days after denial.
If the POTW refuses to grant or grants with conditions a wastewater discharge permit under Article IV, the applicant may, within 35 days, petition for a hearing before the Board of Aldermen, to contest the decision of the POTW. The Board of Aldermen shall review the permit application, the written denial or permit conditions and such other evidence and matters as the applicant and POTW Superintendent shall present. The decision of the Board of Aldermen shall be final.
Industrial Users subject to National Categorical Pretreatment Standards
shall submit Baseline Reports to the POTW in a form prescribed and
furnished by the POTW.
Within 180 days after the effective date of a National Categorical
Pretreatment Standard, or 180 days after a final administrative decision
has been made upon a categorical determination submission in accordance
with 40 CFR § 403.6(a)(4), which ever is later, Industrial
Users which are Existing Sources subject to such National Categorical
Pretreatment Standards and currently discharging to the POTW shall
submit a properly completed Baseline Report.
New Sources, when subject to a National Categorical Pretreatment
Standard, shall submit a Baseline Report no later than 180 days after
discharging to the POTW.
Brief description of the nature, average rate of production, and
standard industrial classification of the operation(s) carried out
by such user. This description shall include a schematic process diagram
indicating points of discharge to the POTW from the regulated processes.
Submit the results of sampling and analysis identifying the
nature and concentration of regulated pollutants in the discharge
from each regulated process. Both daily maximum and average concentration
shall be reported. The sample shall be representative of daily operations.
Where feasible, obtain samples through the flow-proportional
composite sampling techniques specified in the applicable National
Categorical Pretreatment Standard. Where composite sampling is not
feasible, a grab sample is acceptable.
Where the flow of the stream being sampled is less
than or equal to 950,000 liters/day (approximately 250,000 gpd), the
Industrial User shall take a minimum of one sample per month.
Take the samples 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, in order to evaluate compliance
with the National Categorical Pretreatment Standards, the Industrial
User shall measure the flows and concentrations necessary to allow
use of the combined waste stream formula of 40 CFR 403.6(e). Where
an alternate concentration has been calculated in accordance with
40 CFR 403.6(e), this adjusted limit along with supporting data shall
be submitted to the POTW.
Submit, only with POTW authorization, a Baseline Report which
utilizes only historical data, so long as the data provides information
sufficient to determine the need for industrial pretreatment measures.
Provide, for each report the time, date, and place, of sampling
and methods of analysis and certification that such sampling and analysis
is representative of normal work cycles and expected pollutant discharges
to the POTW.
The Industrial User shall provide a statement, reviewed by an authorized
representative of the Industrial User and certified by a qualified
professional indicating whether National Categorical Pretreatment
Standards are being met on a consistent basis and, if not, whether
additional operation and maintenance measures (O&M) or additional
pretreatment is required for the Industrial User to meet the National
Categorical Pretreatment Standards.
If additional pretreatment or O&M will be required to meet the
National Categorical Pretreatment Standards, the Industrial User will
provide the shortest schedule which will provide such additional pretreat
or O&M. The completion date in this schedule shall not be later
than the compliance date established for the applicable National Categorical
Pretreatment Standard.
Where the Industrial User's National Categorical Pretreatment
Standard has been modified by a removal allowance (40 CFR 403.7) or
the combined waste stream formula [40 CFR 403.6(e)], or net/gross
calculations (40 CFR 403.15), at the time the Industrial User submits
a Baseline Report the information required in § 117.415A4f
and g shall pertain to the modified limits.
If the National Categorical Pretreatment Standard for the Industrial
User is modified after the Baseline Report is submitted, the Industrial
User shall make any necessary amendments to information provided as
a response to § 117.415A4f and g and submit them to the
POTW within 60 days after the modified limit is approved.
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of applicable National Categorical
Pretreatment Standards (e.g., hiring and engineer, completing preliminary
plans, components, commencing construction, completing construction,
etc.).
Not later than 14 days following each date in the schedule and
the final date for compliance, the User shall submit a progress report
to the POTW including, at a minimum, whether or not it complied with
the increment of progress to be met on such date and, if not, the
date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the reason for
delay, and the stops being taken by the Industrial User to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the POTW.
Compliance date report. Within 90 days following the date for final
compliance with applicable National Categorical Pretreatment Standards,
or in the case of a New Source, within such time as specified in its
Wastewater Discharge Permit, but in any case no later than one year
following commencement of the introduction by the New Source of wastewater
into the POTW, any Industrial User subject to Pretreatment Standards
and Requirements shall submit to the POTW a report, on forms provided
by the POTW, indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by Pretreatment
Standards and Requirements and the average and maximum daily flow
for these process units in the User's facility which are limited
by such Pretreatment Standards. The report shall state whether the
applicable Pretreatment Standards are being met on a consistent basis
and, if not, what additional User operation and maintenance or pretreatment
techniques or installations are necessary to bring the User into compliance
with the applicable Pretreatment Standards and requirements. This
statement shall be signed by an authorized representative of the Industrial
User and certified to by an authorized representative of the Industrial
User and certified to by a qualified professional.
All Significant Industrial Users subject to an applicable National
Categorical Pretreatment Standard, after the compliance date of such
applicable National Categorical Pretreatment Standard or, in the case
of a New Source, after discharge of wastewater to the POTW begins,
shall submit to the POTW during the months of June and December for
the preceding two calendar quarters unless required more frequently
in the National Categorical Pretreatment Standard or by the POTW or
MODNR, a certified report indicating the nature and concentration
of pollutants in the effluent which are limited by such applicable
National Categorical Pretreatment Standards. In addition, this report
shall include a record of measured or estimated average and maximum
daily flow for the reporting period.
At the discretion of the POTW, the Wastewater Discharge Permittee
shall sample, analyze and report to the POTW pollutants set forth
in its Wastewater Discharge Permit.
At the discretion of the POTW and in consideration of such factors
as a local high or low flow rate, holidays, budget cycles, the POTW
may agree to alter the months during which the above reports are submitted.
Significant Industrial Users shall provide and operate at the Significant
Industrial User's own expense, monitoring facilities to allow
inspection, sampling and flow measurement of the building sewer or
internal drainage systems. The monitoring facility will normally be
situated on the User's premises but the POTW may, when such a
location would be impractical and cause undue hardship to the User,
allow the facility to be constructed in the public street or sidewalk
area and located so that it will not be obstructed by landscaping,
parked vehicles, or other activities of the user.
Where required by the POTW, additional control manholes or sampling
chambers shall be provided at the end of each industrial process within
an Industrial User's facility suitable for the determination
of compliance with Pretreatment Standards.
Whenever required by a Wastewater Discharge Permit, any Significant
Industrial User shall install a large manhole or sampling chamber
for each separate discharge in the building sewer in accordance with
plans and specifications approved by the POTW, installed and maintained
at all times at the User's expense, which shall have ample room
in each sampling chamber to permit the POTW to take accurate composite
samples for analysis. The chamber shall be safely, easily and independently
accessible to authorized representatives of the POTW at any time.
Each sampling chamber shall contain a Palmer-Bowlus flume unless
a weir or similar device is approved by the POTW with a recording
and totalizing register for measurement of the liquid quantity; or
at the discretion of the POTW the metered water supply to the industrial
plant may be used as the liquid quantity where it is substantiated
to the POTW that the metered water supply and waste quantities are
approximately the same, or where a measurable adjustment agreed to
by the POTW is made in the metered water supply to determine the liquid
waste quantity.
When required, samples shall be taken every hour or half hour, as
determined by the POTW and properly refrigerated and preserved in
accordance with Standard Methods and shall be composited in proportion
to the flow for a representative 24 hour sample. Such sampling shall
be done as prescribed by the User's Wastewater Discharge Permit.
The sampling chamber, metering device, and documentation of the frequency
of sampling, sampling methods and analyses of samples shall be subject,
at any reasonable time, to inspection and verification by the POTW.
Whenever required by a Wastewater Discharge Permit, the permittee
shall pay the costs of sampling of its discharge and the costs of
analyses of its samples, whether or not the sampling and analyses
are done by the permittee or by the POTW.
All measurements, tests, and analyses to which reference is made
in this ordinance shall be determined and performed in accordance
with the procedures established by the Administrator of the United
States Environmental Protection Agency (hereafter "Administrator")
pursuant to Section 304(g) of the Act and contained in 40 CFR 136
and amendments thereto or with any other test procedures approved
by the Administrator. Sampling shall be performed in accordance with
the techniques approved by the Administrator. Where 40 CFR Part 136
does not include sampling or analytical techniques for the pollutants
in question, or where the Administrator determines that the Part 136
sampling and analytical techniques are inappropriate for the pollutant
in question, sampling and analyses shall be performed using validated
analytical methods or any other sampling and analytical procedures,
including procedures suggested by the POTW or other parties, approved
by the Administrator.
Where required by the POTW, any Significant Industrial User shall
install, at the Owner's expense, a flow recording device with
a seven day circular recorder, flow indicating and totalizing features,
such as "Control Electronics Model P.D.S. 300" or equivalent, designed
for open channel recording.
Where required by the POTW, any Significant Industrial User shall
install, at the owner's expense, a stationary refrigerated sampler
capable of flow proportional sampling such as an Isco Model 2710 R
or equivalent. This requirement shall apply where continued violations
to the conditions of the Wastewater Discharge Permit occur. "Continued"
is defined as more than two within a twelve-month period.
The POTW, MODNR and USEPA may inspect the facilities of all Industrial
Users to ascertain whether the purposes of this ordinance are being
met and if all requirements of the ordinance are being complied with.
Persons or occupants of premises in which a discharge source or treatment
system is located or in which records are kept shall allow the POTW
or its representative ready access upon presentation of credentials
at reasonable times to all parts of said premises for the purposes
of inspection, sampling, examination and photocopying of records required
to be kept by this ordinance, and in the performance of any of their
duties. The POTW shall have the right to set up on the Industrial
User's property such devices as are necessary to conduct sampling,
monitoring and metering operations. Where an Industrial User has security
measures in force which would require suitable identification necessary
arrangements with their security guards so that upon presentation
of suitable identification, personnel from the POTW shall be permitted
to enter immediately for the purposes of performing their specific
responsibilities. Such arrangements shall be made by all Industrial
Users with their security guards within 30 days of the passage of
this ordinance.
Industrial Users and the POTW shall maintain records of all information
resulting from any monitoring activities required by this ordinance
and shall include:
The POTW and Industrial Users shall maintain such records for a minimum
of three years and shall make such records available for inspection
and copying by the MODNR and United States Environmental Protection
Agency. This period of retention shall be extended during the course
of any unresolved litigation regarding the discharge of pollutants
by the Industrial User or operation of the POTW pretreatment program
or when requested by the said Regional Administrator of the Director
of MODNR.
Information and data relating to an Industrial User obtained from
reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public without
restriction unless the Industrial User specifically requests, and
is able to demonstrate to the satisfaction of the POTW, that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the Industrial
User. Such information and data shall be made available upon written
request to governmental agencies for uses related to this ordinance,
the National Pollutant Discharge Elimination System (NPDES) permit,
and for the use by the state or any state agency in judicial review
or enforcement proceedings involving the person or Industrial User
furnishing the report.
Information claimed by an Industrial User to be confidential and
which is not effluent data shall not be transmitted to the general
public by the POTW except in accordance with the Freedom of Information
Act.
The POTW shall implement measures to prevent the negligent release
of confidential information; however, neither the POTW nor its employees
shall be held legally responsible for release of information if they
have acted in good faith.