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.

The objectives of this subchapter include:

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.

(C)

(1)

This subchapter shall apply to all users of the sanitary sewer collection system and the POTW.

(2)

Except as otherwise provided herein, the department shall administer, implement and enforce the provisions of this subchapter.

(Ordinance 1998-16 adopted 12/8/98)

§ 52.86 General sewer use requirements.

(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:

Any radioactive material and any product in its decay chain present in the discharge has a half-life no greater than 100 days;

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;

The concentration in a weekly representative sample is one-fiftieth of the concentration levels in 10 CFR 20, app. B, table III; and

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.

(c)

Any discharge which does not meet the requirements of subsection (a) above shall be considered a violation of this [subchapter] and of the industrial user’s permit.

(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)

§ 52.87 Pretreatment of wastewater.

(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.

(1)

Grease, oil and sand interceptors shall be provided in accordance with applicable codes and ordinances.

(2)

Industrial or commercial users with the potential to discharge volatile substances may be required to install and maintain an approved combustible gas detection meter.

(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)

§ 52.88 Wastewater permit eligibility.

(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

(17)

ALARA plans, as set forth in section 52.87.

(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)

§ 52.89 Discharge permit issuance process.

(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

(l)

The ALARA plans set forth in section 52.87.

(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.

(2)

(a)

All wastewater discharge permits shall be subject to all the provisions of this subchapter and all other applicable ordinances, laws and regulations.

(b)

The department will act only on applications that are accompanied by a complete report outlining all information required by this section.

(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.

(G)

(1)

Permits shall be voidable upon cessation of operations for periods greater than six months.

(2)

All prior permits are void upon the issuance of a new wastewater permit.

(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)

§ 52.90 Reporting requirements.

(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:

Name and address of the facility including the name of the operator and owners;

A list of any environmental control permits held by the user or for the facility;

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.);

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);

Measurement of pollutants:

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.

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.

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.

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.

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.

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)

All baseline monitoring reports must be signed and certified in accordance with section 52.88.

(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.

(4)

All compliance reports must be signed and certified with this section and with section 52.88.

(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.

(d)

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 a prohibited discharge described in subsection (b) above. Employers shall ensure that all employees are advised of the emergency notification procedure.

(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)

§ 52.91 Compliance monitoring.

(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)

§ 52.92 Confidential information.

(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)

§ 52.93 Publication of significant violators.

(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)

§ 52.94 Miscellaneous charges; fee provisions.

(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)