(a)
This article sets forth uniform requirements for users of the publicly
owned treatment works for the city and enables the city to comply
with all applicable state and federal laws, including the Clean Water
Act (33 United States Code [USC] section 1251 et seq.) and the general
pretreatment regulations (title 40 of the Code of Federal Regulations
[CFR] Part 403). The objectives of this article are:
(1)
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation, including
interference with its use or disposal of municipal sludge;
(2)
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(3)
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
(4)
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
(5)
To enable the city to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
(b)
This article shall apply to all users of the publicly owned treatment
works. This article authorizes the issuance of individual wastewater
discharge permits; provides for monitoring, compliance, and enforcement
activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
Except as otherwise provided herein, the superintendent shall
administer, implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the superintendent may
be delegated by the superintendent to a duly authorized representative.
The following abbreviations, when used in this article, shall
have the designated meanings:
|
BOD
|
Biochemical oxygen demand
|
|
BMP
|
Best management practice
|
|
BMR
|
Baseline monitoring report
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical industrial user
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
U.S. Environmental Protection Agency
|
|
gpd
|
Gallons per day
|
|
IU
|
Industrial user
|
|
mg/l
|
Milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
POTW
|
Publicly owned treatment works
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
SIU
|
Significant industrial user
|
|
SNC
|
Significant noncompliance
|
|
TSS
|
Total suspended solids
|
|
USC
|
United States Code
|
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 USC section 1251 et seq.
The director of the Texas Commission on Environmental Quality,
or his/her authorized representative.
If the user is a corporation:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in subsections (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 20.09.006(a) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Such BMPs shall be considered local limits and pretreatment standards for the purposes of this part and section 307(d) of the act.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at 20 degrees centigrade, usually expressed as a concentration
(e.g., mg/l).
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with sections 307(b) and (c) of the act (33 USC
section 1317) that apply to a specific category of users and that
appear in 40 CFR chapter I, subchapter N, parts 405–471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The City of Greenville; the city council of the City of Greenville;
or any duly authorized representative acting in its behalf.
Refers to the City of Greenville.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division director, the regional administrator,
or other duly authorized official of said agency.
Any source of discharge that is not a new source.
A sample that is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
The introduction of pollutants into the POTW from any nondomestic
source.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the city’s
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: section 405 of the act; the Solid Waste Disposal Act,
including title II commonly referred to as the Resource Conservation
and Recovery Act (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.
Specific discharge limits developed and enforced by the city
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the act that will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this section has
commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the city’s NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 20.09.006(a) of this article.
A treatment works, as defined by section 212 of the act (33
USC section 1292), which is owned by the city. This definition includes
any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances, which convey wastewater to a treatment
plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation
or for violating any pretreatment standard or requirement.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 20.09.006(a) of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The person designated by the city to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this article. The term also means a duly authorized representative
of the superintendent.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
(a)
Required use of public sewers.
(1)
It shall be unlawful for any person to place, deposit, or permit
to be deposited in any manner on public or private property within
said city, or in any area under the jurisdiction of said city, any
human or animal parts, garbage, or other objectionable waste except
as hereinafter provided.
(2)
No person shall individually discharge or cause to be discharged
to any creek, stream, watercourse, lake, pond, or tank, or on any
land within said city, or in any jurisdiction of said city, any sanitary
sewage, industrial wastes, or other waters, except where such discharge
is made in accordance with a valid permit from the Texas Commission
on Environmental Quality or its successor state agency and the Environmental
Protection Agency.
(3)
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of sewage within said city,
or in any jurisdiction of said city.
(4)
The owner of any establishment, house, building, or property used
for human occupancy, employment, recreation, or industrial or commercial
purpose shall install at his own expense suitable facilities for conveying
all industrial wastes, sanitary sewage and all other sewage to the
proper public sewer, except when the said public sewer is more than
two hundred (200) feet from his nearest property line; connection
to the public sewer shall be made under the terms of applicable ordinances
of said city.
(5)
Any person who shall discharge or cause to be discharged wastes, except domestic sewage and swimming pool waters, from any industrial or commercial establishment, building, or property into public sewers shall be subject to obtaining a permit from said city as outlined in section 20.09.008.
(6)
No person shall discharge or cause to be discharged any stormwater,
surface water, ground water, roof runoff, sub-surface drainage, pooling
water, lawn spray drainage, or yard fountain or pond waters into the
sanitary sewer or any conduit thereof.
(7)
Stormwater shall be discharged to such sewers as are specifically
designated as storm sewers, or to a creek, stream, watercourse, pond,
lake or tank, or land area approved by said city.
(8)
Yard fountain or pond waters may be discharged, upon approval of
said city, to a storm sewer or creek, stream, watercourse, pond, lake,
or land area.
(b)
Private sewage disposal.
(1)
Where a public sanitary sewer or combined sewer is not available under the provisions of subsection (a)(4) above, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(2)
Before commencement of construction of a private sewage disposal
system the owner shall first obtain a written permit signed by the
city manager, which the applicant shall supplement with any plans,
specifications, and other information that shall be deemed necessary
by said city manager. A permit and inspection fee to be set by the
city shall be paid to said city at the time the application is filed.
(3)
A permit for a private sewage disposal system shall not become effective
until the installation is completed to the satisfaction of the control
authority. The control authority shall have the right and privilege
to inspect any such work at any stage of construction and, in any
event, the applicant for the permit shall notify the control authority
when the work is ready for final inspection, and before any underground
portions are covered. Such inspection shall be made within seventy-two
(72) hours of the receipt of notice by the control authority.
(4)
The types, capacities, location, and layout of a private disposal
system shall comply with all recommendations and requirements of the
department of state health services and/or the Texas Commission on
Environmental Quality and/or the successors of either. No permit shall
be issued for any private sewage disposal system employing subsurface
soil absorption facilities where the area of the lot is less than
16,000 square feet. No septic tank or cesspool shall be allowed to
discharge to any creek, stream, watercourse, pond, lake or land area.
(5)
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times to the satisfaction of
said control authority, and at no expense to the city.
(6)
No statement contained in this section shall be construed to interfere
with any additional requirements that may be made by the health officer
of the city.
(7)
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection (b)(4) above, a direct connection shall be made to the public sewer at the property owner’s expense in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material to the satisfaction of said control authority.
(8)
When a public sewer becomes available, the building sewer shall be connected to said public sewer within sixty (60) days and the private sewage disposal system shall be abandoned, cleaned, and filled within ninety (90) days of such connection in accordance with subsection (b)(5) above, or other appropriate language of this section.
(a)
Prohibited discharge standards.
(1)
General prohibitions.
No user shall introduce or cause
to be introduced into the POTW any pollutant or wastewater which causes
pass through or interference. These general prohibitions apply to
all users of the POTW whether or not they are subject to categorical
pretreatment standards or any other national, state, or local pretreatment
standards or requirements.
(2)
Specific prohibitions.
No user shall introduce or cause
to be introduced into the POTW the following pollutants, substances,
or wastewater:
(A)
Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, wastestreams with a closed-cup flashpoint of less
than 140 degrees F (60 degrees C) using the test methods specified
in 40 CFR 261.21;
(B)
Wastewater having a pH less than 5.0 or more than 11.5, or otherwise
causing corrosive structural damage to the POTW or equipment;
(C)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW or resulting in interference, but in no case
solids greater than 1/4-inch in any dimension;
(D)
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will interfere
with the POTW;
(E)
Wastewater having a temperature greater than 150 degrees F (65 degrees
C), or which will inhibit biological activity in the treatment plant,
but in no case wastewater which causes the temperature at the introduction
into the treatment plant to exceed 104 degrees F (40 degrees C);
(F)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will interfere with the POTW;
(G)
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems;
(H)
Trucked or hauled pollutants, except at discharge points designated by the superintendent in accordance with subsection (d) of this section;
(I)
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair;
(J)
Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently imparts color to the treatment plant’s
effluent;
(K)
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations;
(L)
Stormwater, surface water, groundwater, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the superintendent;
(M)
Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(N)
Medical wastes, except as specifically authorized by the superintendent
in an individual wastewater discharge permit;
(O)
Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail toxicity test;
(P)
Detergents, surface-active agents, or other substances which that
might cause excessive foaming in the POTW;
(Q)
Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 200 mg/l total oil and grease;
(R)
Wastewater causing two readings on an explosion hazard meter at the
point of discharge into the POTW, or at any point in the POTW, of
more than five percent (5%) or any single reading over ten percent
(10%) of the lower explosive limit of the meter.
(3)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could
be discharged to the POTW.
(b)
National Categorical Pretreatment Standards.
Users must
comply with the categorical pretreatment standards found at 40 CFR
chapter I, subchapter N, parts 405–471.
(c)
State pretreatment standards.
Users must comply with
state pretreatment standards codified at 30 TAC 315 subchapter A.
(d)
Local limits.
(1)
The superintendent is authorized to establish local limits pursuant
to 40 CFR 403.5(c).
(2)
The following pollutant limits are established to protect against
pass through and interference. No person shall discharge wastewater
containing in excess of the following instantaneous maximum limit.
|
Pollutant
|
Instantaneous Maximum Concentration
(mg/l)
|
|---|---|
|
Arsenic
|
0.45
|
|
Cadmium
|
2.96
|
|
Hexavalent Chromium
|
0.24
|
|
Chromium (total)
|
6.44
|
|
Copper
|
(ICFM Allocation – see below)
|
|
Cyanide
|
0.43
|
|
Lead
|
3.60
|
|
Mercury
|
0.07
|
|
Nickel
|
5.46
|
|
Selenium
|
0.14
|
|
Silver
|
0.26
|
|
Zinc
|
1.40
|
ICFM - In order to not overload the POTW system, the
superintendent will establish copper limitations for all significant
industrial users using the industrial contributory flow method (ICFM).
For limits allocated to significant industrial users through the ICF
method, the allocations for copper will be redistributed in the event
a new or existing user requires an allocation of copper or any user’s
flow changes by more than 20 percent. All other users shall be limited
to a maximum instantaneous limit of 0.055 mg/l copper.
The above limits apply at the point where the wastewater is
discharged to the POTW. All concentrations for metallic substances
are for total metal unless indicated otherwise. The superintendent
may impose mass limitations in addition to the concentration-based
limitations above.
(e)
City’s right of revision.
The city reserves the
right to establish, by ordinance or in individual wastewater discharge
permits, more stringent standards or requirements on discharges to
the POTW consistent with the purpose of this article.
(f)
Dilution.
No user shall ever increase the use of process
water, or in any way attempt to dilute a discharge, as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The superintendent may impose
mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
(a)
Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 20.09.006 of this article within the time limitations specified by EPA, the state, or the superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this article.
(b)
Additional pretreatment measures.
(1)
Whenever deemed necessary, the superintendent may require users to
restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams
from industrial wastestreams, and such other conditions as may be
necessary to protect the POTW and determine the user’s compliance
with the requirements of this article.
(2)
The superintendent may require any person discharging into the POTW
to install and maintain, on their property and at their expense, a
suitable storage and flow-control facility to ensure equalization
of flow. An individual wastewater discharge permit may be issued solely
for flow equalization.
(3)
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the superintendent, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand;
except that such interceptors shall not be required for residential
users. All interception units shall be of a type and capacity approved
by the superintendent, and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired by the user at their expense.
(4)
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
(c)
Accidental discharge/slug discharge control plans.
The
superintendent shall evaluate whether each SIU needs an accidental
discharge/slug discharge control plan or other action to control slug
discharges. The superintendent may require any user to develop, submit
for approval, and implement such a plan or take such other action
that may be necessary to control slug discharges. Alternatively, the
superintendent may develop such a plan for any user. An accidental
discharge/slug discharge control plan shall address, at a minimum,
the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the superintendent of any accidental or slug discharge, as required by section 20.09.010(f) of this article; and
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
(d)
Hauled wastewater.
(1)
Septic tank waste may be introduced into the POTW only at locations designated by the superintendent, and at such times as are established by the superintendent. Such waste shall not violate section 20.09.006 of this article or any other requirements established by the city. The superintendent may require waste haulers to obtain individual wastewater discharge permits.
(2)
The superintendent may require haulers of industrial waste to obtain
individual wastewater discharge permits. The superintendent may require
generators of hauled industrial waste to obtain individual wastewater
discharge permits. The superintendent also may prohibit the disposal
of hauled industrial waste. The discharge of hauled industrial waste
is subject to all other requirements of this article.
(3)
Industrial waste haulers may discharge loads only at locations designated
by the superintendent. No load may be discharged without prior consent
of the superintendent. The superintendent may collect samples of each
hauled load to ensure compliance with applicable standards. The superintendent
may require the industrial waste hauler to provide a waste analysis
of any load prior to discharge.
(4)
Industrial waste haulers must provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
(a)
Wastewater analysis.
When requested by the superintendent,
a user must submit information on the nature and characteristics of
its wastewater within 30 days of the request. The superintendent is
authorized to prepare a form for this purpose and may periodically
require users to update this information.
(b)
Individual wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the superintendent, except that a significant industrial user that has filed a timely application pursuant to subsection (c) of this section may continue to discharge for the time period specified therein.
(2)
The superintendent may require other users to obtain individual wastewater
discharge permits as necessary to carry out the purposes of this article.
(3)
Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in sections 20.09.014 through 20.09.016 of this article. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(c)
Individual wastewater discharge permitting existing connections.
Any user required to obtain an individual wastewater discharge permit, shall, within 30 days after said date, apply to the superintendent for an individual wastewater discharge permit in accordance with subsection (e) of this section, and shall not cause or allow discharges to the POTW to continue after 60 days after said date except in accordance with an individual wastewater discharge permit issued by the superintendent.
(d)
Individual wastewater discharge permitting new connections/discharges.
Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with subsection (e) of this section, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.
(e)
Individual wastewater discharge application contents.
(1)
All users required to obtain an individual wastewater discharge permit
must submit a permit application. The superintendent may require users
to submit all or some of the following information as part of a permit
application:
(B)
Environmental permits.
A list of any environmental
control permits held by or for the facility.
(C)
Description of operations.
(i)
A brief description of the nature, average rate of production
(including each product produced by type, amount, processes, and rate
of production), and standard industrial classifications of the operation(s)
carried out by such user. This description should include a schematic
process diagram, which indicates points of discharge to the POTW from
the regulated processes;
(ii)
Types of wastes generated, and a list of all raw materials and
chemicals used or stored at the facility which are, or could accidentally
or intentionally be, discharged to the POTW;
(iii)
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(iv)
Type and amount of raw materials processed (average and maximum
per day);
(v)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
(D)
Time and duration of discharges.
(E)
The location for monitoring all wastes covered by the permit.
(F)
Flow measurement.
Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in section 20.09.006(b) (40 CFR 403.6(e)).
(G)
Measurement of pollutants.
(i)
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
(ii)
The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the standard or
by the superintendent, of regulated pollutants in the discharge from
each regulated process.
(iii)
Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported.
(iv)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 20.09.010(j) of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the superintendent or the applicable standards to determine compliance with the standard.
(v)
Sampling must be performed in accordance with procedures set out in section 20.09.010(k) of this article.
(H)
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on section 20.09.010(d)(2) [40 CFR 403.12(e)(2)].
(I)
Any other information as may be deemed necessary by the superintendent
to evaluate the permit application.
(2)
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
(f)
Application signatories and certifications.
(1)
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in section 20.09.010(n).
(2)
If the designation of an authorized representative is no longer accurate
because a different individual or position has responsibility for
the overall operation of the facility or overall responsibility for
environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
superintendent prior to or together with any reports to be signed
by an authorized representative.
(g)
Individual wastewater discharge decisions.
The superintendent
will evaluate the data furnished by the user and may require additional
information. Within 60 days of receipt of a complete permit application,
the superintendent will determine whether to issue an individual wastewater
discharge permit. The superintendent may deny any application for
an individual wastewater discharge permit.
(a)
Individual wastewater discharge duration.
An individual
wastewater discharge permit shall be issued for a specified time period,
not to exceed five (5) years from the effective date of the permit.
An individual wastewater discharge permit may be issued for a period
less than five (5) years, at the discretion of the superintendent.
Each individual wastewater discharge permit will indicate a specific
date upon which it will expire.
(b)
Individual wastewater discharge permit contents.
An
individual wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the superintendent to prevent
pass through or interference, protect the quality of the water body
receiving the treatment plant’s effluent, protect worker health
and safety, facilitate sludge management and disposal, and protect
against damage to the POTW.
(1)
Individual wastewater discharge permits must contain:
(A)
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date;
(B)
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection (d) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(C)
Effluent limits, including best management practices, based on applicable
pretreatment standards;
(D)
Self monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency, and sample type based on federal, state,
and local law;
(E)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with section 20.09.010(d)(2);
(F)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law;
(G)
Requirements to control slug discharge, if determined by the superintendent
to be necessary;
(H)
Any grant of the monitoring waiver by the superintendent (section 20.09.010(d)(2)) must be included as a condition in the user’s permit or other control mechanism.
(2)
Individual wastewater discharge permits may contain, but need not
be limited to, the following conditions:
(A)
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
(B)
Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into
the treatment works;
(C)
Requirements for the development and implementation of spill control
plans or other special conditions including management practices necessary
to adequately prevent accidental, unanticipated, or nonroutine discharges;
(D)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(E)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(F)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices;
(G)
A statement that compliance with the individual wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the individual wastewater
discharge permit; and
(H)
Other conditions as deemed appropriate by the superintendent to ensure
compliance with this article, and state and federal laws, rules, and
regulations.
(c)
Permit modification.
The superintendent may modify an
individual wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user’s
operation, processes, or wastewater volume or character since the
time of the individual wastewater discharge permit issuance;
(3)
A change in 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 threat
to the city’s POTW, city personnel, the receiving waters, the
city’s sludge disposal options;
(5)
Violation of any terms or conditions of the individual wastewater
discharge permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7)
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 individual wastewater
discharge permit; or
(d)
Individual wastewater discharge permit transfer.
(1)
Individual wastewater discharge permits may be transferred to a new
owner or operator only if the permittee gives at least 30 days advance
notice to the superintendent and the superintendent approves the individual
wastewater discharge permit coverage transfer. The notice to the superintendent
must include a written certification by the new owner or operator
which:
(A)
States that the new owner and/or operator has no immediate intent
to change the facility’s operations and processes;
(B)
Identifies the specific date on which the transfer is to occur; and
(C)
Acknowledges full responsibility for complying with the existing
individual wastewater discharge permit.
(2)
Failure to provide advance notice of a transfer renders the individual
wastewater discharge permit as of the date of facility transfer.
(e)
Individual wastewater discharge permit revocation.
(1)
The superintendent may revoke an individual wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
(A)
Failure to notify the superintendent of significant changes to the
wastewater prior to the changed discharge;
(B)
Failure to provide prior notification to the superintendent of changed conditions pursuant to section 20.09.010(e) of this article;
(C)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(D)
Falsifying self-monitoring reports and certification statements;
(E)
Tampering with monitoring equipment;
(F)
Refusing to allow the superintendent timely access to the facility
premises and records;
(G)
Failure to meet effluent limitations;
(H)
Failure to pay fines;
(I)
Failure to pay sewer charges;
(J)
Failure to meet compliance schedules;
(K)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(L)
Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(M)
Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this article.
(2)
Individual wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All individual wastewater
discharge permits issued to a user are void upon the issuance of a
new individual wastewater discharge permit to that user.
(f)
Individual wastewater discharge permit reissuance.
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 20.09.008(e) of this article, a minimum of 60 days prior to the expiration of the user’s existing individual wastewater discharge permit.
(g)
Regulation of waste received from other jurisdictions.
(1)
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the superintendent shall enter
into an intermunicipal agreement with the contributing municipality.
(2)
Prior to entering into an agreement required by subsection (1), above, the superintendent shall request the following information from the contributing municipality:
(3)
An intermunicipal agreement, as required by subsection (1), above, shall contain the following conditions:
(A)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in section 20.09.006(d) of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;
(B)
A requirement for the contributing municipality to submit a revised
user inventory on at least an annual basis;
(C)
A provision specifying which pretreatment implementation activities,
including individual wastewater discharge permit issuance, inspection
and sampling, and enforcement, will be conducted by the contributing
municipality; which of these activities will be conducted by the superintendent;
and which of these activities will be conducted jointly by the contributing
municipality and the superintendent;
(D)
A requirement for the contributing municipality to provide the superintendent
with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
(E)
Limits on the nature, quality, and volume of the contributing municipality’s
wastewater at the point where it discharges to the POTW;
(F)
Requirements for monitoring the contributing municipality’s
discharge;
(G)
A provision ensuring the superintendent access to the facilities
of users located within the contributing municipality’s jurisdictional
boundaries for the purpose of inspection, sampling, and any other
duties deemed necessary by the superintendent; and
(H)
A provision specifying remedies available for breach of the terms
of the intermunicipal agreement.
(a)
Baseline monitoring reports.
(1)
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the superintendent a report which contains the information listed in subsection (2), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the superintendent a report which contains the information listed in subsection (2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below.
(A)
All information required in sections 20.09.008(e)(1)(A)(i), 20.09.008(e)(1)(B), 20.09.008(e)(1)(C)(i) and 20.09.008(e)(1)(F).
(B)
Measurement of pollutants.
(i)
The user shall provide the information required in section 20.09.008(e)(1)(G)(i)–(iv);
(ii)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection;
(iii)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment the user should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e)
this adjusted limit along with supporting data shall be submitted
to the control authority;
(v)
The superintendent may allow the submission of a baseline report
which utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures;
(vi)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis, and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
(C)
Compliance certification.
A statement, reviewed by the user’s authorized representative as defined in section 20.09.004 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(D)
Compliance schedule.
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection (b) of this section.
(b)
Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by subsection (a)(2)(D) of this section:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine (9) months;
(3)
The user shall submit a progress report to the superintendent no
later than fourteen (14) days following each date in the schedule
and the final date of compliance including, as a minimum, whether
or not it complied with the increment of progress, the reason for
any delay, and, if appropriate, the steps being taken by the user
to return to the established schedule; and
(4)
In no event shall more than nine (9) months elapse between such progress
reports to the superintendent.
(c)
Reports on compliance with categorical pretreatment standard deadline.
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the superintendent a report containing the information described in section 20.09.008(e)(1)(F)–(G) and subsection (a)(2)(B) of this section. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection (n) of this section. All sampling will be done in conformance with subsection (k) of this section.
(d)
Periodic compliance reports.
(1)
Except as specified in subsection (3) below [sic], all significant industrial users must, at a frequency determined by the superintendent, submit no less than twice per year (June and December or on dates specified] reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the superintendent or the pretreatment standard necessary to determine the compliance status of the user
(2)
The city may authorize an industrial user subject to a categorical
pretreatment standard to forego sampling of a pollutant regulated
by a categorical pretreatment standard if the industrial user has
demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the discharge,
or is present only at background levels from intake water and without
any increase in the pollutant due to activities of the industrial
user [see 40 CFR 403.12(e)(2)]. This authorization is subject to the
following conditions:
(A)
The waiver may be authorized where a pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility
provided that the sanitary wastewater is not regulated by an applicable
categorical standard and otherwise includes no process wastewater.
(B)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See section 20.09.008(e)(1)(H).
(C)
In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility’s
process wastewater prior to any treatment present at the facility
that is representative of all wastewater from all processes.
(E)
Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(F)
Any grant of the monitoring waiver by the superintendent must be
included as a condition in the user’s permit. The reasons supporting
the waiver and any information submitted by the user in its request
for the waiver must be maintained by the superintendent for 3 years
after expiration of the waiver.
(G)
Upon approval of the monitoring waiver and revision of the user’s permit by the superintendent, the industrial user must certify on each report with the statement in subsection (n) below [sic], that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(H)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements of subsection (1) above, or other more frequent monitoring requirements imposed by the superintendent, and notify the superintendent.
(I)
This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard.
(3)
(Reserved)
(4)
All periodic compliance reports must be signed and certified in accordance with subsection (n) of this section.
(5)
All wastewater samples must be representative of the user’s
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(6)
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the superintendent, using the procedures prescribed in subsection (k) of this section, the results of this monitoring shall be included in the report.
(e)
Reports of changed conditions.
Each user must notify
the superintendent of any significant changes to the user’s
operations or system which might alter the nature, quality, or volume
of its wastewater at least 60 days before the change.
(1)
The superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 20.09.008(e) of this article.
(2)
The superintendent may issue an individual wastewater discharge permit under section 20.09.009 of this article or modify an existing wastewater discharge permit under section 20.09.009(c) of this article in response to changed conditions or anticipated changed conditions.
(f)
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the superintendent 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.
(2)
Within five (5) days following such discharge, the user shall, unless
waived by the superintendent, 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. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which might be incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property; nor shall such
notification relieve the user of any fines, penalties, or other liability
which may be imposed pursuant to this article.
(3)
A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(4)
Significant industrial users are required to notify the superintendent
immediately of any changes at its facility affecting the potential
for a slug discharge.
(g)
Reports from unpermitted users.
All users not required
to obtain an individual wastewater discharge permit shall provide
appropriate reports to the superintendent as the superintendent may
require.
(h)
Notice of violation/reporting and repeat sampling.
(1)
If sampling performed by a user indicates a violation, the user must
notify the superintendent within twenty-four (24) hours of becoming
aware of the violation. A written submission of such information shall
also be provided by the user to the superintendent within five (5)
working days of becoming aware of the noncompliance. The written submission
shall contain a description of the noncompliance and its cause; the
period of noncompliance, including exact dates and times; if the noncompliance
has not been corrected, the time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent the recurrence
of the noncompliance, and to mitigate its adverse effects. Submission
of such a plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this section shall limit the authority of the superintendent to
take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
(2)
The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the superintendent within thirty
(30) days after becoming aware of the violation. Resampling by the
industrial user is not required if the city performs sampling at the
user’s facility at least once a month, or if the city performs
sampling at the user between the time when the initial sampling was
conducted and the time when the user or the city receives the results
of this sampling, or if the city has performed the sampling and analysis
in lieu of the industrial user.
(i)
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of subsections (a), (c) and (d) of this section.
(2)
Dischargers are exempt from the requirements of subsection (1), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the superintendent,
the EPA Regional Waste Management Waste Division director, and state
hazardous waste authorities of the discharge of such substance within
ninety (90) days of the effective date of such regulations.
(4)
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
(j)
Analytical requirements.
All pollutant analyses, including
sampling techniques, to be submitted as part of a wastewater discharge
permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR part 136 and amendments thereto,
unless otherwise specified in an applicable categorical pretreatment
standard. If 40 CFR part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the EPA determines
that the part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analyses shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the superintendent
or other parties approved by EPA.
(k)
Sample collection.
Samples collected to satisfy reporting
requirements must be based on data obtained through appropriate sampling
and analysis performed during the period covered by the report, based
on data that is representative of conditions occurring during the
reporting period.
(1)
Except as indicated in subsections (2) and (3) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the superintendent. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2)
Samples for total residual chlorine, oil and grease, temperature,
pH, cyanide, total phenols, sulfides, and volatile organic compounds
must be obtained using grab collection techniques.
(3)
For sampling required in support of baseline monitoring and 90-day compliance reports required in subsections (a) and (c) of this section [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the superintendent may authorize a lower minimum. For the reports required by subsection (d) of this section (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(l)
Date of receipt of reports.
Written reports will be
deemed to have been submitted on the date postmarked. For reports,
which are not mailed, postage prepaid, into a mail facility serviced
by the United States Postal Service, the date of receipt of the report
shall govern.
(m)
Recordkeeping.
Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under section 20.09.006(d)(3). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the superintendent.
(n)
Certification statements.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with section 20.09.008(g); users submitting baseline monitoring reports under subsection (a)(2)(E) of this section [note: see 40 CFR 403.12(l)]; users submitting reports on compliance with the categorical pretreatment standard deadlines under subsection (c) of this section [note: See 40 CFR 403.12(d)]; users submitting periodic compliance reports required by subsection (d)(1)–(4) of this section [note: see 40 CFR 403.12(e) and (h)]; and users submitting an initial request to forego sampling of a pollutant on the basis of subsection (d)(2)(D) [note: see 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an authorized representative as defined in section 20.09.004:
“I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.”
(a)
Right of entry: inspection and sampling.
The superintendent
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this article
and any individual wastewater discharge permit or order issued hereunder.
Users shall allow the superintendent ready access to all parts of
the premises for the purposes of inspection, sampling, records examination
and copying, and the performance of any additional duties.
(1)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the superintendent shall
be permitted to enter without delay for the purposes of performing
specific responsibilities.
(2)
The superintendent shall have the right to set up on the user’s
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user’s operations.
(3)
The superintendent may require the user to install monitoring equipment
as necessary. The facility’s sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated annually to ensure their accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the superintendent
and shall not be replaced. The costs of clearing such access shall
be born by the user.
(5)
Unreasonable delays in allowing the superintendent access to the
user’s premises shall be a violation of this article.
(6)
Monitoring facilities, whether constructed in the public right-of-way
or easement or on private property, shall be in an unobstructed location
and shall provide ample room in or near the monitoring facility to
allow accurate sampling and preparation of samples and analysis. The
monitoring facilities should be provided in accordance with the superintendent’s
requirements and all applicable local construction standards and specifications,
and such facilities shall be constructed and maintained in such manner
so as to enable the superintendent to perform independent monitoring
activities.
(b)
Search warrants.
If the superintendent has been refused
access to a building, structure, or property, or any part thereof,
and is able to demonstrate probable cause to believe that there may
be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of the city designed to verify compliance with this article or any
permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, the superintendent may
seek issuance of a search warrant from the municipal court of the
city.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, and monitoring programs, and from the superintendent’s
inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is
able to demonstrate to the satisfaction of the superintendent, that
the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined at 40 CFR 2.302 shall not be recognized
as confidential information and shall be available to the public without
restriction.
The superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates subsections (3), (4) or (8) of this section) and shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in section 20.09.006;
(2)
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by section 20.09.006 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement as defined by section 20.09.006 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4)
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the superintendent’s
exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in an individual wastewater
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6)
Failure to provide within forty-five (45) days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance
schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation(s), which may include a violation of best management
practices, which the superintendent determines will adversely affect
the operation or implementation of the local pretreatment program.
(a)
Notification of violation.
When the superintendent finds
that a user has violated, or continues to violate, any provision of
this article, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement,
the superintendent may serve upon that user a written notice of violation.
(b)
Consent orders.
The superintendent may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (d) and (e) of this section and shall be judicially enforceable.
(c)
Show cause hearing.
The superintendent may order a user which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 20.09.004 and required by section 20.09.008(g). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(d)
Compliance orders.
When the superintendent finds that
a user has violated, or continues to violate, any provision of this
article, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the
superintendent may issue an order to the user responsible for the
discharge directing that the user come into compliance within a specified
time. If the user does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities,
devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
(e)
Cease and desist orders.
When the superintendent finds
that a user has violated, or continues to violate, any provision of
this article, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement,
or that the user’s past violations are likely to recur, the
superintendent may issue an order to the user directing it to cease
and desist all such violations and directing the user to:
(1)
Immediately comply with all requirements; and
(2)
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(f)
Administrative fines.
(1)
When the superintendent finds that a user has violated, or continues
to violate, any provision of this article, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the superintendent may fine such user in
an amount not to exceed $2,000.00. Such fines shall be assessed on
a per-violation, per-day basis. In the case of monthly or other long-term
average discharge limits, fines shall be assessed for each day during
the period of violation.
(2)
Interest shall accrue at the maximum rate allowed by law on any unpaid
charges, fines, and penalties after thirty calendar days. A lien against
the user’s property shall be sought for unpaid charges, fines,
and penalties.
(3)
Users desiring to dispute such fines must file a written request
for the superintendent to reconsider the fine along with full payment
of the fine amount within thirty days of being notified of the fine.
Where a request has merit, the superintendent may convene a hearing
on the matter. In the event the user’s appeal is successful,
the payment, together with any interest accruing thereto, shall be
returned to the user. The superintendent may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
(4)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
(g)
Emergency suspensions.
(1)
The superintendent may immediately suspend a user’s discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge, which reasonably appears
to present, or cause an imminent or substantial endangerment to the
health or welfare of persons. The superintendent may also immediately
suspend a user’s discharge, after notice and opportunity to
respond, that threatens to interfere with the operation of the POTW,
or which presents, or may present, an endangerment to the environment.
(A)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the superintendent that the period of endangerment has passed, unless the termination proceedings in subsection (h) of this section are initiated against the user.
(B)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent prior to the date of any show cause or termination hearing under subsections (c) or (h) of this section.
(2)
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
(h)
Termination of discharge.
(1)
In addition to the provisions in section 20.09.009(f) of this article, any user who violates the following conditions is subject to discharge termination:
(A)
Violation of individual wastewater discharge permit conditions;
(B)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(C)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(D)
Refusal of reasonable access to the user’s premises for the
purpose of inspection, monitoring, or sampling; or
(2)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (c) of this section why the proposed action should not be taken. Exercise of this option by the superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(a)
Injunctive relief.
When the superintendent finds that
a user has violated, or continues to violate, any provision of this
article, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the
superintendent may petition the Hunt County District Court through
the city’s attorney for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific
performance of the individual wastewater discharge permit, order,
or other requirement imposed by this article on activities of the
user. The superintendent may also seek such other action as is appropriate
for legal and/or equitable relief, including a requirement for the
user to conduct environmental remediation. A petition for injunctive
relief shall not be a bar against, or a prerequisite for, taking any
other action against a user.
(b)
Civil penalties.
(1)
A user who has violated, or continues to violate, any provision of
this article, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement
shall be liable to the city for a maximum civil penalty of $2,000.00
per violation, per day. In the case of a monthly or other long-term
average discharge limit, penalties shall accrue for each day during
the period of the violation.
(2)
The superintendent may recover reasonable attorneys’ fees,
court costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the city.
(3)
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user’s violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
(c)
Criminal prosecution.
(1)
A user who willfully or negligently violates any provision of this
article, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall,
upon conviction, be guilty of a misdemeanor, punishable by a fine
of not more than $2,000.00 per violation, per day, or imprisonment
for not more than 30 days, or both.
(2)
A user who willfully or negligently introduces any substance into
the POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and be subject to a penalty
of at least $2,000.00, or be subject to imprisonment for not more
than 30 days, or both. This penalty shall be in addition to any other
cause of action for personal injury or property damage available under
state law.
(3)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
article, individual wastewater discharge permit, or order issued hereunder,
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this article shall, upon
conviction, be punished by a fine of not more than $2,000.00 per violation,
per day, or imprisonment for not more than 30 days, or both.
(4)
In the event of a second conviction, a user shall be punished by
a fine of not more than $2,000.00 per violation, per day, or imprisonment
for not more than 30 days, or both.
(d)
Remedies nonexclusive.
The remedies provided for in
this article are not exclusive. The superintendent may take any, all,
or any combination of these actions against a noncompliant user. Enforcement
of pretreatment violations will generally be in accordance with the
city’s enforcement response plan. However, the superintendent
may take other action against any user when the circumstances warrant.
Further, the superintendent is empowered to take more than one enforcement
action against any noncompliant user.
(a)
Penalties for late reports.
A monetary penalty as specified
in section A29.09.013.1 [sic] may be assessed to any user for each
day that a report required by this article, a permit or order issued
hereunder is late, beginning five days after the date the report is
due (higher penalties may also be assessed where reports are more
than 30-45 days late). Actions taken by the superintendent to collect
late reporting penalties shall not limit the superintendent’s
authority to initiate other enforcement actions that may include penalties
for late reporting violations.
(b)
Performance bonds.
The superintendent may decline to
issue or reissue an individual wastewater discharge permit to any
user who has failed to comply with any provision of this article,
a previous individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the city, in
a sum not to exceed a value determined by the superintendent to be
necessary to achieve consistent compliance.
(c)
Liability insurance.
The superintendent may decline
to issue or reissue an individual wastewater discharge permit to any
user who has failed to comply with any provision of this article,
a previous individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
the user first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge.
(d)
Payment of outstanding fees and penalties.
The superintendent
may decline to issue or reissue an individual wastewater discharge
permit to any user who has failed to pay any outstanding fees, fines
or penalties incurred as a result of any provision of this article,
a previous individual wastewater discharge permit, or order issued
hereunder.
(e)
Water supply severance.
Whenever a user has violated
or continues to violate any provision of this article, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, water service to the user may
be severed. Service will recommence, at the user’s expense,
only after the user has satisfactorily demonstrated its ability to
comply.
(f)
Public nuisances.
A violation of any provision of this
article, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement is hereby
declared a public nuisance and shall be corrected or abated as directed
by the superintendent. Any person(s) creating a public nuisance shall
be subject to the provisions of the city code governing such nuisances,
including reimbursing the city for any costs incurred in removing,
abating, or remedying said nuisance.
(g)
Contractor listing.
Users which have not achieved compliance
with applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the city. Existing contracts for the sale of goods or services to
the city held by a user found to be in significant noncompliance with
pretreatment standards or requirements may be terminated at the discretion
of the superintendent.
(a)
Act of God affirmative defense.
If a person can establish
that an event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the ordinance was caused solely
by an Act of God, war, strike riot, or other catastrophe, the event
is not a violation of the ordinance or permit.
(b)
Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 20.09.006(a)(1) of this article or the specific prohibitions in sections 20.09.005(a)(2)(C)–(D) of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1)
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass
through or interference; or
(2)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user’s prior discharge when
the city was regularly in compliance with its NPDES permit, and in
the case of interference, was in compliance with applicable sludge
use or disposal requirements.
(c)
Bypass.
(1)
For the purposes of this section:
(A)
Bypass means the intentional diversion of wastestreams from any portion
of a user’s treatment facility.
(B)
Severe property damage means substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably
be expected to occur in the absence of a bypass. Severe property damage
does not mean economic loss caused by delays in production.
(3)
Bypass notifications.
(A)
If a user knows in advance of the need for a bypass, it shall submit
prior notice to the superintendent, at least ten (10) days before
the date of the bypass, if possible.
(B)
A user shall submit oral notice to the superintendent of an unanticipated
bypass that exceeds applicable pretreatment standards within twenty-four
(24) hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) days of the time
the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of
the bypass, including exact dates and times, and, if the bypass has
not been corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the bypass. The superintendent may waive the written report on
a case-by-case basis if the oral report has been received within twenty-four
(24) hours.
(4)
Bypass.
(A)
Bypass is prohibited, and the superintendent may take an enforcement
action against a user for a bypass, unless:
(i)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(ii)
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
(a)
Pretreatment charges and fees.
The city may adopt reasonable
fees for reimbursement of costs of setting up and operating the city’s
pretreatment program, which may include:
(1)
Fees for wastewater discharge permit applications including the cost
of processing such applications;
(2)
Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing a user’s discharge, and
reviewing monitoring reports and certification statements submitted
by users;
(3)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(4)
Fees for filing appeals;
(5)
Fees to recover administrative and legal costs (not included in subsection (2) above) associated with the enforcement activity taken by the superintendent to address IU noncompliance; and
(6)
Other charges or fees as the city may deem necessary to carry out
the requirements contained herein. These fees relate solely to the
matters covered by this article and are separate from all other fees,
fines, and penalties chargeable by the city.
(Ordinance 10-077 adopted 8/24/10)
