(A)
(1)
This
subchapter establishes uniform requirements for the direct and indirect
waste contribution to the wastewater collection and treatment system
of the county and enables the county to comply with all applicable
local, state and federal laws.
(2)
The
objectives of this subchapter include:
(a)
To prevent the introduction of pollutants into the publicly owned
treatment works which may potentially interfere with the operation
of the system;
(b)
To prevent the introduction of pollutants into the county’s
wastewater system which may potentially pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system;
(c)
To ensure that the quality and quantity of the waste treatment byproducts
are maintained at a level which promotes the county’s options
for their beneficial reuse, marketability, reclamation or disposal;
(d)
To protect county personnel who may come into contact with sewage,
sludge and effluent in the course of their employment as well as to
protect the general public;
(e)
To preserve the hydraulic and solids handling capacities of the POTW;
(f)
To provide for equitable allocation of the cost of operation, inspection
and testing of users effluent, maintenance and improvement of the
county’s wastewater system as it relates to the industrial pretreatment
program;
(g)
To minimize the quantity of wastewater discharged by users, and to
maximize beneficial reuse, marketability, reclamation or disposal
of wastewater treatment byproducts;
(h)
To ensure that the county complies with its discharge permit conditions,
disposal requirements and any other laws to which the county wastewater
system may be subject; and
(i)
To protect the county’s economic interests in its wastewater
treatment system.
(B)
This
subchapter provides for the regulation of discharges into the county’s
wastewater collection system through the issuance of permits to certain
nondomestic users and through enforcement of general requirements
for other users; authorizes monitoring and enforcement activities;
establishes administrative review procedures; establishes user reporting
requirements; and provides for the setting of fees for the equitable
allocation of costs resulting from the program established herein.
(Ordinance 1998-16 adopted 12/8/98)
(A)
(1)
Limitations
and prohibitions on the quantity and quality of wastewater which may
be lawfully discharged into the POTW are hereby established.
(2)
Pretreatment
of some wastewater discharges shall be required to achieve compliance
with this section and the act.
(3)
The
specific limitations set forth herein are necessary to enable the
county to meet requirements contained in its discharge permit, to
protect the public health and the environment, to protect the county’s
potential options for the beneficial reuse, marketing, reclamation
or disposal of waste treatment byproducts and to provide efficient
wastewater treatment and protect the health and safety of wastewater
personnel.
(B)
(1)
The
following pollutant limits are established to protect against potential
interference.
(2)
No
person shall discharge wastewater containing pollutants in excess
of the instantaneous maximum allowable discharge limits. These limits
are the highest allowable concentration in any type of sample, whether
a grab sample or composite sample collected over any time interval.
(3)
The
pollutant limits are as follows:
|
Pollutant
|
Local Discharge Limits or Range
|
|---|---|
|
pH
|
5 ≤ pH ≤ 11
|
|
Oil and grease, animal or vegetable
|
200 mg/l
|
|
Oil and grease, petroleum
|
100 mg/l
|
|
Arsenic
|
2.74 mg/l
|
|
Cadmium
|
0.09 mg/l
|
|
Chromium
|
5.32 mg/l
|
|
Copper
|
0.13 mg/l
|
|
Cyanide
|
0.24 mg/l
|
|
Nickel
|
4.95 mg/l
|
|
Silver
|
0.03 mg/l
|
|
Zinc
|
0.46 mg/l
|
|
Maximum temperature
|
140° F at discharge point to POTW
|
|
Maximum temperature
|
104° F at treatment plant headworks
|
|
Total toxic organics*
|
2 mg/l
|
|
NOTE TO TABLE:
| |
|---|---|
|
*
|
Total toxic organics (TTO) is the sum of all concentrations
of organic compounds from a priority pollutant scan, that are above
the detection limit. Where applicable under 40 CFR for specific industries
or where the department determines the necessity for a priority pollutant
scan to be performed to determine pollutant concentrations discharge
TTO monitoring shall be required.
|
(C)
(1)
Pollutant
concentrations and the general prohibitions described in subsection
(D) below apply at the point where the industrial wastewater is monitored
or as determined by the department.
(2)
All
concentrations for metallic substances are for “total”
metal.
(3)
The
department may impose mass based limitations for the pollutants in
addition to or in place of the concentration based limitations described
above. Compliance with all parameters may be determined from a single
grab sample. Exceeding any of the pollutant limits listed above or
imposed by the department constitutes a violation of this [subchapter].
(D)
Those
general prohibitions shall apply to all users of the POTW whether
or not the user is subject to categorical pretreatment standards or
any other national, state or local pretreatment standards or requirements.
The following shall not be introduced into the county’s POTW:
(1)
Any
pollutant or wastewater which may potentially interfere with the operation
of the POTW, or with the county’s options for the beneficial
reuse, marketing, reclamation or disposal of wastewater treatment
byproducts;
(2)
Any
liquids, solids or gases which, by reason of nature or quantity are,
or may be sufficient, either alone or by interaction with other substances,
to cause fire or explosion or be injurious in any other way to the
POTW. Included in this prohibition are wastestreams with a closed
cup flashpoint of less than 140° F (60° C). The standard test
method as described in the ASTM D 3278-89 index, or any other method
determined by the county will be applied. At no time shall two successive
readings on an explosion hazard meter at the point of discharge into
the POTW or at any point in the POTW be more than five percent (5%)
nor any single reading over ten percent (10%) of the lower explosive
limits (LEL) of the meter. Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, sulfides, and anything else which has
been determined by the county, state, or EPA to be a potential fire
or other hazard to the POTW;
(3)
Solids
or viscous substances in amounts which may potentially cause obstruction
to the flow anywhere in the POTW or otherwise interfere with the operation
of the POTW or pass through the treatment system but in no case solids
greater than one-half inch (1/2") (1.27 centimeters) in any dimension.
Prohibited substances include, but are not limited to: manure, whole
blood, feathers, ashes, cinders, sand, spent lime, stone or marble
dust, metal, glass, straw, shavings, grass clippings, rags, spent
grains, spent hops, waste paper, wood, plastics, gas, tar, concrete,
asphalt, residues from refining or processing of fuel or lubricating
oil, mud, glass grindings, paraffin or polishing wastes;
(4)
Any
pollutant, including oxygen demanding pollutants (i.e. high BOD or
COD) released at a flow rate and/or concentration sufficient to cause
interference;
(5)
Any
toxic pollutant or wastewater containing a toxic pollutant in sufficient
quantity, singly or by interaction with other pollutants, which may
potentially interfere with any POTW treatment process, constitute
a hazard to humans or animals, or create a toxic effect in the POTW
effluent as defined by this [subchapter]. In no case shall any discharge,
toxic pollutant or wastewater containing a toxic pollutant exceed
national categorical pretreatment standard limitations or the limits
established by this [subchapter] or by any other ordinance adopted
by the county;
(6)
Any
fats or greases, including, but not limited to petroleum oil, nonbiodegradable
cutting oil, complex carbon compounds or products of mineral oil origin,
in amounts that will cause interference or pass through;
(7)
Any
wastewater having a pH less than 5.0 or more than 11.0, or which may
otherwise potentially cause corrosive structural damage to the POTW
or harm county personnel or equipment;
(8)
Any
liquids, gases or solids or other wastewater which, either singly
or by interaction with other wastes, are sufficient to create a public
nuisance or hazard to life or property or are sufficient to hinder
entry into the sewers for maintenance and repair;
(9)
Any
substance which may cause the waste treatment byproducts to be unsuitable
for the county’s plans for the beneficial reuse, marketability,
reclamation or disposal of wastewater treatment byproducts;
(10)
Any wastewater which imparts color which cannot be removed by the
current treatment process, such as, but not limited to dye wastes
and vegetable tanning solutions, which consequently imparts color
to the treatment plant effluent;
(11)
Any wastewater having a temperature greater than 140°F or 60°C,
or 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 or
40°C;
(12)
Any discharge from an industrial user who is handling radioactive
materials under license from the Nuclear Regulatory Commission or
the state, unless all of the following criteria are met:
(a)
The industrial user demonstrates, to the satisfaction of the department,
that discharge from its normal operations will not exceed the following
limits as determined at 25°C and pH of seven:
1.
Any radioactive material and any product in its decay chain present
in the discharge has a half-life no greater than 100 days;
2.
No radioactive compounds in a representative sample of the discharge
shall be present on the filter after the sample is filtered through
a 0.45 micron filter;
3.
The concentration in a weekly representative sample is one-fiftieth
of the concentration levels in 10 CFR 20, app. B, table III; and
4.
If more than one radioactive compound is discharged, the sum of the
fractions of the limit in subsection 2. above as determined by dividing
the actual weekly average concentration by one-fiftieth of the concentrations
of the radioactive compounds listed in 10 CFR 20, app. B, table III,
does not exceed unity.
(b)
Any industrial user handling radioactive materials who demonstrates compliance with subsection (a) above shall be permitted to discharge, but shall analyze a representative sample of its discharge weekly to demonstrate continuing compliance with subsection (a) above and shall retain all such sampling records pursuant hereto. Any discharge which exceeds the limits of subsection (a) above shall be reported to the department immediately by telephone, and written confirmation of the report shall be hand-delivered to the department within 24 hours thereafter.
(13)
Any trucked or hauled wastes;
(14)
Stormwater, surface water, groundwater, artesian well water, roof
runoff, subsurface drainage, condensate, deionized water, cooling
water and unpolluted industrial wastewater unless specifically authorized
in writing by the department;
(15)
Any industrial wastewater containing fats, waxes, greases or oils,
which float or become floatable at the wastewater treatment plant;
(16)
Any sludges, screenings or other residues from the pretreatment of
industrial wastes;
(17)
Any medical wastes, except as specifically authorized by the department,
in a wastewater permit;
(18)
Any material which, in the judgment of the department, contains ammonia
salts or other chelating agents which may potentially produce metallic
complexes that may interfere with the POTW;
(19)
Any material considered hazardous waste according to 40 CFR 261;
(20)
Any wastewater containing detergents, surface active agents or other
substances which may cause excessive foaming in the POTWs wastewater
treatment system; and/or
(21)
Any substance which may cause the POTW to violate its discharge permit,
or any other federal, state or local permits or requirements.
(E)
Wastes
prohibited by this section shall not be processed or stored in a manner
that these materials could be discharged to the POTW. All floor drains
located in process or materials storage areas must discharge to an
industrial user’s pretreatment facilities before connecting
with the POTW or be adequately protected to prevent accidental releases.
(F)
Users
subject to categorical pretreatment standards are required to comply
with applicable standards as set out in 40 CFR 405 through 471 and
incorporated herein by this reference and any applicable local limits.
(G)
The
county reserves the right to establish by ordinance or resolution
or in user discharge permits, more stringent limitations or requirements
on discharges to the POTW if deemed reasonably necessary to comply
with the objectives presented in this chapter or with any other reasonable
objective of the county.
(H)
No user
shall, in any way, attempt to dilute a discharge as a partial or complete
substitute for adequate pre-treatment to achieve compliance with a
discharge limitation.
(Ordinance 1998-16 adopted 12/8/98; Ordinance 2011-10, sec. 1, adopted 11/8/11 Penalty, see section
10.99)
(A)
(1)
Industrial
users shall provide, at their own expense, necessary wastewater pretreatment
required to comply with this chapter and with all permit conditions
and shall achieve compliance with all categorical pretreatment standards,
local limits or prohibitions, as defined by this subchapter.
(2)
Any
facilities or equipment reasonably required to pretreat wastewater
to a level required by this chapter shall be installed, operated and
maintained at the industrial user’s expense.
(B)
Detailed
plans showing all pretreatment facilities, operating procedures, and
construction schedules shall be approved by the department before
construction of the facility. The approval of the plans and operating
procedures will, in no way, relieve the user from the responsibility
of modifying the facility as necessary to produce an acceptable discharge
under the provisions of this chapter.
(1)
No
user required by this chapter to install pretreatment facilities will
commence discharging industrial or commercial waste into the POTW
until those required pretreatment facilities have been installed and
approved by the department.
(2)
Any
significant changes in pretreatment facilities or methods of operation
shall be reported to and approved by the department prior to the user’s
initiation of the changes.
(C)
(1)
Those
significant industrial users required to by the department shall provide
and operate, at the user’s expense, monitoring facilities for
inspection, sampling and flow measurement of the building sewer and
internal drainage system.
(2)
The
monitoring facilities may consist of, but need not be limited to instrumentation,
sampling manholes and flow monitoring devices.
(a)
Any monitoring facility shall be situated on the user’s premises
unless the department determines that a location would be impractical
or cause undue hardship on the user, in which case, the county may
allow the monitoring facility to be constructed in a public street
or sidewalk area in a manner such that it will not be obstructed by
landscaping, parked vehicles or otherwise. No user shall construct
a monitoring facility unless there will be adequate room in or near
the sampling manhole or facility to allow accurate sampling and preparation
of samples for analysis.
(b)
Any monitoring facility and sampling and measuring equipment shall
be constructed so as to be protected from vandalism and shall be maintained,
at all times, in a safe and proper operating condition at the expense
of the user. It is the responsibility of the user to clear graffiti
or other visual nuisances from the facilities.
(c)
Wherever constructed, the sampling and monitoring facility shall
comply with all county requirements and all applicable local construction
standards and specifications. Monitoring facility designs shall follow
the standard detail of the county. Any exceptions or changes must
be approved by the department.
(d)
Construction of any monitoring facility shall be completed within
the time limit specified by the department.
(D)
(1)
Users
shall ensure that they or whoever occupies the premises where wastewater
is created or discharged shall allow the department, or its representative,
upon presentation of proper credentials, ready access at all times
to all parts of the premises for the purposes of surveillance, inspection,
sampling, records examination and copying or in the performance of
any other duty. Users shall grant the county, state and EPA the right
to set up on the user’s property, such devices as are reasonably
necessary to conduct sampling, inspection, compliance monitoring,
metering or any other functions related to enforcement of this chapter.
(2)
Users
shall, where applicable, make necessary arrangements with their security
guards or other security system so that personnel from the county,
state and EPA will be permitted to enter, without delay, to perform
their responsibilities.
(E)
The
director may impose temporary restrictions on industrial discharges;
designate that certain wastewater be discharged only into specific
sewers; require relocation and/or consolidation of points of discharge;
require separation of domestic quality and commercial wastestreams;
or other such conditions as may be reasonable to protect the POTW
or to evaluate the industrial or commercial user’s compliance
with the requirements of this chapter. The restrictions may be reviewed
and amended periodically by the director.
(F)
(1)
Where
required by the department, industrial users shall provide protection
from accidental discharge of materials which may cause interference
with the POTW by developing spill prevention plans. Implementation
of such plans shall be accomplished and maintained at the facility
user’s expense.
(2)
The
spill prevention plans shall be reviewed by the department every two
years to determine adequacy. Spill prevention plans, including the
facilities’ construction and the operating procedures shall
be submitted to the department.
(3)
Industrial
users that store hazardous substances shall not discharge to the POTW
after the effective date of this chapter unless a spill prevention
plan has been approved by the department.
(4)
Submittal
of the plans shall not relieve the user from complying with all other
laws and regulations governing the use, storage and transportation
of hazardous substances.
(G)
(1)
Where
required by the department, industrial users shall provide and implement
a plan to protect the county sewer system from any slug discharge(s).
(2)
Implementation
of slug discharge control plan(s) will be reviewed by the department
at any time, not less than once every two years to determine adequacy.
(H)
Any
person who shall occupy or operate the industrial user’s facilities
as a tenant under any rental or lease agreement, oral or written,
shall be jointly and severally responsible for compliance with the
provisions of this chapter in the same manner as the facility owner.
(I)
All
industrial or commercial users shall separate domestic quality wastewaters
from all industrial wastewaters until the industrial wastewaters have
passed through a required pretreatment system and/or the industrial
user’s monitoring facility.
(J)
(1)
Every
applicant for a permit under this subchapter, and every new owner
upon approved transfer of a permit, at the time of application or
transfer of permit, shall submit plans in accordance with the ALARA
principle, including implementation timetables, setting forth a detailed
description of the available alternative technologies or processes
which would reduce the quantity of the user’s discharge or the
quantity of pollutants in the discharge, as well as the cost and feasibility
of the alternatives, together with a detailed description of the methods
and timetable by which the user intends to reduce the amount and concentration
of the pollutants in its discharge and the quantity of its discharges.
(2)
The
ALARA plans and implementation schedule shall require approval by
the department and when so approved shall become part of the permit
conditions. Failure to submit or to comply with the plans and implementation
schedules shall be considered a permit violation.
(Ordinance 1998-16 adopted 12/8/98)
(A)
(1)
When
requested by the department, users must submit information on the
nature and characteristics of their wastewater by completing a wastewater
questionnaire.
(2)
The
department is authorized to prepare a form for this purpose and may
periodically require users to respond to the questionnaire.
(3)
Failure
to accurately complete this questionnaire within 30 calendar days
shall be grounds for disallowing or terminating service to the industrial
user and shall be considered a violation of this subchapter.
(4)
Additional
information may be requested and/or a facility inspection performed
by the department to assist in determining the need to permit an industrial
user.
(B)
(1)
It
shall be unlawful for significant industrial users to discharge wastewater
into the county’s sanitary sewer system without first obtaining
a wastewater discharge permit from the department.
(2)
Any
violation of the terms and conditions of a wastewater permit shall
be deemed a violation of this chapter and subjects the industrial
user to the sanctions set out in this chapter.
(3)
Obtaining
a wastewater permit does not relieve a permittee of its obligation
to obtain other permits required by federal, state, local or other
applicable laws.
(4)
At
the county’s discretion, the department may require other industrial
users, to obtain discharge permits as reasonably necessary to carry
out the purposes of this section.
(C)
(1)
Any
significant industrial user proposing to begin or recommence discharging
industrial wastes into the POTW shall be required to obtain a discharge
permit prior to beginning the discharge.
(2)
Any
industrial user who has ceased discharge for any reason for a period
of six months or longer shall be considered a new source.
(D)
All
industrial users required to have a permit must submit the following
information on an application form provided by the department. Incomplete
or inaccurate applications will not be processed and will be returned
to the industrial user for revision.
(1)
Name,
mailing address and business location, if different from the mailing
address;
(2)
Environmental
control permits held by or for the facility;
(3)
Material
safety data sheets;
(4)
Standard
industrial classification codes for the facility and any facility
processes for which categorical pretreatment standards have been promulgated;
(5)
Description
of activities, facilities and plant processes on the premises, including
a list of raw materials and chemicals used at the facility;
(6)
Number
and type of employees, hours of operation and proposed or actual hours
of operation of the pretreatment system;
(7)
Each
product and byproduct produced by type, amount, process or processes
and rate of production;
(8)
Type
and amount of raw materials process, average and maximum per day;
(9)
The
site plans, floor plans and mechanical and plumbing plans and details
to show all sewers, floor drains and appurtenances by size, location
and elevation and all points of discharge;
(10)
Time and duration of the discharge;
(11)
Measured or estimated average daily and maximum daily flow, in gallons
per day, to the POTW from categorical and other permitted process
streams and other streams as necessary to use the combined wastewater
formula in 40 CFR 403.6(e);
(12)
Daily maximum, daily average and monthly average wastewater flow
rates, including daily, monthly and seasonal variations, if any;
(13)
Wastewater constituents and characteristics, including, but not limited
to any pollutants in the discharge which are limited by any federal,
state or local standards, pretreatment standards applicable to each
categorical and other permitted process; and nature and concentration
(or mass if pretreatment is required) of pollutants in each process
(daily maximum and average concentration or mass when required by
a pretreatment standard) (Sampling and analysis will be undertaken
in accordance with 40 CFR 136 and with any local rule or regulation
and shall demonstrate compliance with all local, state and federal
discharge regulations.);
(14)
Statement by an authorized representative of the user and by a certified
professional engineer registered in the state verifying that the pretreatment
standards listed in this chapter are not being violated, and if they
are, what additional pretreatment is reasonably necessary (The statement
shall contain certification by the authorized representative of the
user and by the engineer in the form set forth in subsection (E) below.);
(15)
If additional pretreatment and/or operation and maintenance will
be reasonably required to meet the pretreatment standards, the industrial
user shall indicate the shortest practicable time schedule necessary
to accomplish installation or implementation of additional treatment
and/or operation and maintenance. The completion date in this schedule
shall not be longer than the compliance date established for the applicable
pretreatment standard. The following conditions apply to this schedule:
(a)
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 hiring an engineer, completing preliminary plans, completing
construction, beginning operation and conducting routine operation.
No increment referred to above shall exceed nine months, nor shall
the total compliance period exceed 18 months;
(b)
No later than seven calendar days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the department including, as a minimum, whether or not it
has 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. In no event shall more than nine months
elapse between the progress reports;
(16)
Any other information deemed by the department to be reasonably necessary
to evaluate the permit application; and
(E)
All
permit applications, ALARA plans as set forth herein and industrial
user reports must contain the following certification statement and
be signed by an authorized representative of the industrial user.
“I certify under penalty of perjury that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed 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.”
(Ordinance 1998-16 adopted 12/8/98 Penalty, see section 10.99)
(A)
(1)
Permits
shall be issued for a specified time period, not to exceed five years.
(2)
Each
permit will indicate a specific date upon which it will expire.
(3)
Standard
permit lengths are three years for industries subject to categorical
standards and up to five years for all other significant industries.
(4)
At
the department’s discretion, permits may be issued for periods
of lesser duration.
(B)
Wastewater
permits shall include such conditions as are reasonably deemed necessary
by the department to prevent interference, protect the quality of
the water body receiving the treatment plant’s effluent, protect
worker health and safety, facilitate and improve the county’s
options for beneficial reuse, marketing, reclamation or disposal of
the wastewater treatment byproducts, protect ambient air quality and
protect against damage to the POTW.
(1)
Discharge
permits must contain the following:
(a)
A statement that indicates permit duration, which, in no event, shall
exceed five years;
(b)
A statement that the permit is nontransferable without prior notification
to and approval by the department which includes provisions for furnishing
the new owner or operator with a copy of the existing permit;
(c)
Pollutant limits applicable to the user based on applicable standards
in federal, state and local law;
(d)
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements (These requirements shall include, but are not limited
to an identification of pollutants to be monitored, sampling location,
sampling frequency and sample type based on federal, state and local
law.);
(e)
Statement of applicable penalties for violation of pretreatment requirements,
compliance schedules and permit conditions;
(f)
Requirements for immediate reporting of any instance of noncompliance
and for automatic resampling and reporting within 30 calendar days
where self-monitoring indicates a violation(s);
(g)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by this section and affording
the department access thereto;
(h)
Requirements for prior notification and approval by the department
of any new introduction of wastewater pollutants or any significant
change in the volume character of the wastewater prior to introduction
in the POTW;
(i)
Requirements for the prior notification and approval by the department
of any change in the manufacturing and/or pretreatment process used
by the permittee;
(j)
Requirements for immediate notification of accidental or slug discharges;
(k)
A statement that violation of any local, state or federal standard
or requirement impacting a user’s discharge shall be considered
a violation of this chapter; and
(2)
At
the county’s discretion, the permits may contain any of the
following:
(a)
Limits on the average and maximum rate of discharge, limits on the
time of discharge and requirement for flow regulation and equalization;
(b)
Limits on the instantaneous, daily and monthly average discharges
and maximum concentration, mass or other measure of identified wastewater
pollutants or properties;
(c)
Requirements for the installation of applicable levels of pretreatment
technology designed to reduce, eliminate or prevent the introduction
of pollutants into the POTW;
(d)
Development and implementation of spill control and/or slug discharge
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated or routine
discharges;
(e)
The unit charge or schedule of user charges or fees for the management
of the wastewater discharged to the POTW;
(f)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(g)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules;
(h)
Compliance schedules for meeting pretreatment standards and requirements;
(i)
Requirements for submission of periodic self-monitoring;
(j)
A statement that compliance with the industrial user’s permit
does not relieve the permittee of responsibility for compliance with
all applicable federal, state and local pretreatment standards, including
those which become effective during the term of the permit; and
(k)
Other conditions as deemed appropriate by the department to promote
compliance with this and other local, state and federal laws, rules
and regulations.
(C)
(1)
Within
60 calendar days of receipt of completed applications, the department
shall review and evaluate the applications. The director shall deny
any application which does not, in the opinion of the department,
meet the requirements of this chapter or shall propose such other
special conditions as it deems advisable.
(3)
Persons
who have filed incomplete applications will be notified by the department
of the nature of the deficiency.
(4)
The
department shall deny the application for a wastewater discharge permit
and notify the applicant, in writing, of the action.
(D)
Upon
notification to the industrial user, the department may, at any time,
modify the permit for reasons including, but not limited to the following:
(1)
To
incorporate any new or revised federal, state or local pretreatment
standards or requirements;
(2)
To
address alterations or additions to the industrial user’s operation,
processes or wastewater volume or quality since the time of permit
issuance;
(3)
A
change in the POTW or to the condition of the POTW that requires either
a temporary or permanent reduction or elimination of the authorized
discharge;
(4)
Information
indicating that the permitted discharge poses a potential threat to
the POTW, or to the county’s options for the beneficial reuse,
marketing, reclamation or disposal of the wastewater treatment byproducts;
(5)
In
response to violations of any terms or conditions of the wastewater
permit;
(6)
To
correct misrepresentation or failure to disclose fully all relevant
facts in the permit application or in any required reporting;
(7)
The
revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
(8)
To
correct typographical or other errors in the permit; and
(9)
To
reflect a transfer of the facility ownership or operation to a new
owner/operator.
(E)
(1)
Permits
may be reassigned or transferred to a new owner or operator with prior
approval of the department.
(2)
Failure
to provide advance notice of a transfer along with the below-listed
information renders the wastewater permit voidable by the department
on the date of facility transfer.
(3)
The
notice must include a written certification by the new owner which:
(a)
States that the new owner has no present intent to change the facility
operations and processes;
(b)
Identifies the specific date on which the transfer is to occur;
(c)
Acknowledges full responsibility for complying with the existing
permit; and
(d)
Identifies facility contact, operator and authorized representative.
(F)
Permits
may be suspended or terminated for the following reasons:
(1)
Failure
to notify the department of significant changes to the wastewater
and/or process prior to the changed conditions;
(2)
False
or inaccurate self-monitoring reports;
(3)
Tampering
with monitoring equipment;
(4)
Refusing
to allow the department timely access to the facility premises or
records;
(5)
Failure
to meet discharge limitations;
(6)
Failure
to pay fines or penalties assessed for violations to this subchapter;
(7)
Failure
to meet compliance schedules;
(8)
Failure
to submit accurate periodic compliance reports;
(9)
Failure
to complete wastewater survey;
(10)
Failure to provide the required notice of the transfer of a permitted
facility;
(11)
Making false statements or representations to the department; and/or
(12)
Violation of any pretreatment standard or requirement or any terms
of the permit or this [subchapter] or of any local, state or federal
law affecting discharge.
(H)
A significant
industrial user shall apply for permit reissuance by submitting a
complete permit application in accordance with this section a minimum
of 90 calendar days prior to the expiration of the user’s existing
permit.
(Ordinance 1998-16 adopted 12/8/98)
(A)
(1)
Within
180 days after the effective date of a categorical standard or 180
days after the final administrative decision on a category determination
under 40 CFR 403.6(a)(4), whichever is later, users subject to categorical
pretreatment standards and currently discharging to or scheduled to
discharge to the POTW shall submit to the department, a baseline monitoring
report which shall contain the information listed below.
(2)
A
baseline monitoring report must be submitted by industrial users subject
to pretreatment standards and requirements 90 days prior to the approval
and issuance of a discharge permit authorizing commencement of discharge.
(3)
Industrial
users with an existing permit that have changed processes or sources
so as to become a new source shall submit a baseline monitoring report
90 days prior to commencement of discharge, contingent on approval
by the department.
(4)
A
baseline monitoring report must be submitted 90 days prior to the
expiration date of an existing discharge permit. A new source shall
also be required to report the method of pretreatment it intends to
use to meet applicable pretreatment standards and any other local,
state or federal laws or regulations governing its discharge. A new
source shall also give estimates of its anticipated flow and quantity
of pollutants discharged.
(a)
The information required by this section shall include:
1.
Name and address of the facility including the name of the operator
and owners;
2.
A list of any environmental control permits held by the user or for
the facility;
3.
A brief description of the nature, average rate of production and
standard industrial classifications of the operations(s) carried out
by the industrial user (This description should include a schematic
process diagram which indicates points of discharge to the system
from the regulated processes.);
4.
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the system 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);
5.
Measurement of pollutants:
a.
The industrial user shall identify the categorical pretreatment standards
and any other local, state or federal laws affecting its discharge
applicable to each regulated process and sample to demonstrate compliance
during the required reporting period. Sampling shall be performed
and reported every six months, at a minimum.
b.
In addition, the industrial user shall submit the results of sampling
and analysis identifying the nature and concentration (and/or mass,
where required by the federal categorical standards or by the department)
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 performed in accordance with procedure
set out in 40 CFR 136.
c.
A minimum of four grab samples must be used for composite cyanide,
total phenols and volatile organics. All other pollutants will be
measured by composite samples obtained through flow proportional sampling
techniques.
d.
If flow proportional composite sampling is infeasible, samples may
be obtained through time proportional sampling techniques or through
four grab samples if the user demonstrates to the department’s
satisfaction that such a sample will be representative of the discharge.
6.
A statement shall be provided which is approved by an authorized
representative of the industrial user and by a certified professional
engineer registered in the state, verifying that pretreatment standards
and all other local, state and federal regulations affecting discharge
are being met on a consistent basis and, if not, whether additional
operation and maintenance and/or additional pretreatment is required
in order to comply.
7.
Whether or not additional pretreatment and/or operation and maintenance
will be required to meet the pretreatment standards and all other
local, state and federal regulations affecting discharge, the industrial
user shall be required to meet the shortest reasonable schedule, as
defined by the county, to provide additional pretreatment and/or operation
and maintenance. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard.
(B)
(1)
Within 90 calendar 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 industrial user subject to the pretreatment standards and requirements shall submit to the department a report containing the information described in section 52.110 [sic].
(2)
For
industrial users subject to equivalent mass of concentration limits
established in accordance with the procedures in 40 CFR 406(c), this
report shall contain a reasonable measure or estimate of the user’s
long-term production rate.
(3)
For
all other industrial users subject to categorical pretreatment standards
expressed in terms of allowable pollutant discharge per unit production
(or other measure of operation), this report shall include the user’s
actual production during the appropriate sampling period.
(C)
(1)
Any
significant industrial user subject to a pretreatment standard shall,
at a frequency determined by the department, but in no case less than
twice per year, submit a report indicating the characteristics and
concentration of pollutants in the discharge which are limited by
the pretreatment standards and the county’s local limits and
the measured or estimated average and maximum daily flows for the
reporting period.
(2)
All periodic compliance reports must be signed and certified in accordance with this section and with section 52.88.
(a)
All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring
facility in good working order shall not be grounds for the industrial
user to claim that sample results are unrepresentative of its discharge.
(b)
In the event an industrial user’s monitoring results indicate
a violation of this [subchapter] has occurred, the industrial user
shall immediately notify the department and resample its discharge.
The industrial user must report the results of the repeated sampling
within 30 days of discovering the first violation.
(D)
Each
industrial user is required to notify the department of any planned
significant changes to the industrial user’s operations or pretreatment
systems which might alter the characteristics or volume of its wastewater.
(1)
The
department may require the industrial user to submit information as
necessary to evaluate the changed condition, including the submission
of a wastewater permit application, if necessary.
(2)
The department may issue a discharge permit or modify an existing wastewater permit under section 52.89.
(3)
No
industrial user shall implement the planned changed condition(s) until
and unless the department has responded to the industrial user’s
notice.
(4)
Average
flow increases of 20% or greater and/or the discharge of any previously
unreported pollutant shall be deemed significant.
(E)
(1)
Industrial
users shall notify the department of any discharge of a substance,
which, if otherwise disposed of, would be a hazardous waste under
40 CFR 261, regulations promulgated under RCRA.
(2)
The
notification must indicate the name, hazardous waste number and type
of discharge, continuous, batch or other. This notification must otherwise
meet the requirements of 40 CFR 403.12(p).
(3)
Discharges
of less than 15 kilograms of nonacute hazardous wastes in any calendar
month may be exempt from this requirement at the discretion of the
department, if allowed by federal regulations.
(F)
(1)
Each
industrial user shall take reasonable measures to predict and prevent
any prohibited discharges of substances regulated by this subchapter.
Devices and systems to prevent prohibited discharges shall be provided
and maintained at the facility owner’s or user’s expense.
(2)
For
those industries required to submit a spill prevention and/or slug
discharge control plan in accordance with this chapter, detailed plans
showing any pretreatment systems facilities and operating procedures
to provide this protection shall be submitted to the department prior
to constriction. Review of the plans and operating procedures shall
not relieve the industrial user from the responsibility to modify
the user’s facility as necessary to meet the requirements of
this chapter.
(a)
Industrial users who are defined by the department as significant
industrial users shall not be permitted to introduce pollutants into
the POTW until an accidental discharge response plan has been approved
by the department.
(b)
In any case of prohibited discharge which may potentially upset,
interfere with the treatment facilities or cause potential health
hazards to POTW personnel, the user shall immediately telephone and
notify the department of the incident. This notification shall include
the location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user. Failure to notify
the department of any prohibited discharge under this section within
one hour of recognition of the discharge constitutes a violation of
this section.
(c)
Within five calendar days following prohibited discharge, the user
shall, unless exempted by the department, submit a detailed written
report describing the cause(s) of the discharge and the measures to
be taken by the user to prevent similar future occurrences. The notification
shall not relieve the user of any liability which may be incurred
as a result of the discharge; nor shall the notification relieve the
user of any fines, criminal or civil penalties or other liability.
(G)
Industrial
users not subject to categorical pretreatment standards and not required
to obtain a discharge permit shall, as required by the department,
provide any information or reports that are deemed by the department
to be necessary.
(H)
Except
as indicated in subsection (1) below, wastewater samples collected
for purposes of determining industrial user compliance with pretreatment
standards and requirements and all other local, state or federal regulations
affecting discharge must be obtained using flow proportional composite
collection techniques. In the event flow proportional sampling is
infeasible, the department may authorize, in writing, the use of time
proportional sampling.
(1)
Samples
for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides
and volatile organic chemicals must be obtained using grab collection
techniques.
(2)
Where
required by the department, flow measurements may be required by use
of suitable methods as approved by the department. The flow measurement
methods shall be installed in the system and maintained at the expense
of the user.
(3)
(a)
Where required by the department, manholes shall be required to be
placed in the industrial user’s wastewater system for the purpose
of monitoring and periodic sampling of the wastewater effluent.
(b)
The manholes will meet all standards and specifications as set forth
by the department and shall be maintained at the industrial user’s
expense.
(I)
(1)
All
wastewater analyses, sample collection, including sampling techniques,
preservation and holding times to be submitted as part of a permit
application or report, shall be performed in accordance with the techniques
prescribed in 40 CFR 136.
(2)
If
40 CFR 136 does not contain sampling or analytical techniques for
the pollutant in question sampling and analysis shall be done, in
accordance with procedures approved by the EPA and/or the department.
(J)
The
department shall recover its expenses incurred in collecting and analyzing
samples of the industrial user’s discharge, or in having the
collection of analysis performed by an independent firm, by adding
the costs to the industrial user’s permit fee or by separate
billing for scheduled monitoring and for nonscheduled compliance monitoring.
(K)
(1)
Industrial
users shall retain, and make available for inspection and copying,
all records and information required to be retained under 40 CFR 403.12(o)
or as required by the department.
(2)
These
records shall remain available for a period of at least three years.
This retention period shall be automatically extended for the duration
of any litigation or administrative action concerning compliance with
this section or where the industrial user has been specifically notified
of a longer retention period by the department.
(Ordinance 1998-16 adopted 12/8/98 Penalty, see section 10.99)
(A)
The
department shall have the right to enter the facilities of any industrial
user or applicant to ascertain compliance with the requirements of
this chapter or any local, state or federal regulations affecting
discharge.
(B)
All
actual and/or industrial users or applicants shall allow the department
ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying and the performance of any
related duties.
(C)
The
department shall sample and monitor each permitted facility at least
once annually and more frequently as the department determines reasonable
in order to determine compliance.
(1)
Where
a user has security measures in force which require proper identification
and clearance before entry into their premises, the industrial user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, personnel from the department,
state and USEPA will be permitted to enter, without delay, for the
purpose of performing their responsibilities.
(2)
The
department, state and USEPA shall be permitted to set up or require
installation of devices as are reasonably necessary to conduct sampling
and/or metering of the user’s operations on the industrial user’s
property.
(3)
The
department may require the industrial user to install monitoring equipment.
The facility’s sampling and monitoring equipment shall be maintained
in a safe and proper operating condition by the industrial user at
the industrial user’s expense. All devices used to measure wastewater
flow and quantity shall be calibrated periodically in accordance with
the manufacturer’s guidelines by the industrial user to ensure
their accuracy. Records of calibration methods and frequency shall
be made available to the department upon request. Costs of laboratory
testing or analysis by the outside firm approved by the county for
permit compliance monitoring shall be the responsibility of the user.
(4)
Any
temporary or permanent obstruction to safe and easy access to the
industrial user’s premises shall be promptly removed by the
industrial user at the written or verbal request of the department
and shall not be replaced. The costs of clearing the access shall
be borne by the industrial user.
(5)
Unreasonable
delays in allowing department personnel access to the industrial user’s
premises shall be considered a violation of this chapter.
(Ordinance 1998-16 adopted 12/8/98)
(A)
Information
and data about an industrial user obtained from reports, questionnaires,
permit applications, permits and monitoring programs, and from department
inspection and sampling activities, shall be available to the public
without restriction unless the industrial user is able to demonstrate,
in writing and to the satisfaction of the department, that the release
of the information would divulge information, processes or methods
of production entitled to protection as trade secrets or proprietary
information.
(B)
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.
(C)
(1)
When
proved by the industrial user to the satisfaction of the department
that the information should be held confidential, the portions of
a report which 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 this chapter and in enforcement proceedings involving the
person furnishing the report.
(2)
The
department shall take reasonable measures to preserve the confidential
nature of the information.
(Ordinance 1998-16 adopted 12/8/98)
(A)
The
department may annually publish, in the largest daily newspaper circulated
in the area where the POTW is located, a list of the industrial users
which during the previous 12 months, were in significant noncompliance
with applicable pretreatment standards and requirements.
(B)
The
term significant noncompliance shall mean:
(1)
Sixty-six
percent or more of wastewater measurements taken during a six-month
period exceed the discharge limit for the same pollutant;
(2)
When
33% or more of wastewater measurements taken during a six-month period
equal or exceed the product of the daily maximum limit or the average
limit multiplied by 1.4 for fats, oils and grease or 1.2 for all other
pollutants, except for pH;
(3)
Any
other discharge violation that may cause, alone or in combination
with other discharges, interference, including endangering the health
of county personnel or the general public;
(4)
Any
discharge of pollutants that has caused imminent danger to the public
or to the environment or has resulted in the department’s exercise
of its emergency authority to halt or prevent such a discharge;
(5)
Failure
to meet, within 90 calendar days of the scheduled date, a compliance
schedule milestone contained in a permit or enforcement order for
starting construction, completing construction or attaining final
compliance;
(6)
Failure
to provide, within 30 calendar days after the due date, any required
reports, including baseline monitoring reports, 90-day compliance
reports, periodic self-monitoring reports and reports on compliance
with compliance schedules;
(7)
Failure
to report noncompliance;
(8)
Any
other violation(s) which the department determines may adversely affect
the operation of the POTW or implementation of this chapter; and
(9)
Significant
noncompliance due to the quality of the water supply shall not be
grounds for publication of the user’s name.
(Ordinance 1998-16 adopted 12/8/98)
(A)
The
department shall adopt reasonable charges and fees for reimbursement
of costs of setting up and operating the pretreatment program which
shall include:
(1)
Fee
for permit applications including the cost of processing the applications;
(2)
Fees
for monitoring, inspection and surveillance procedures including the
cost of reviewing monitoring reports submitted by industrial users;
and the costs of monitoring or analysis by independent firms when
so required by the department;
(3)
Fees
for reviewing and responding to accidental discharge procedures and
construction; and
(4)
Other
fees as the department may deem necessary to carry out the purposes
set forth herein.
(B)
These
fees relate solely to the matters covered by these regulations and
are separate from all other fees, fines and penalties chargeable by
the department.
(Ordinance 1998-16 adopted 12/8/98)
