[1]
Editor's note—Ord. No. B-755-06(A1211), adopted Jan.
3, 2011, superseded former Art. II, which pertained to industrial
waste discharge and derived from Ord. No. B-755-06, adopted 8-24-2006.
(Ord. No. B-755-06(A1211), §
1, 1-3-2011)
When used in this article, these terms shall be defined as follows:
Any industrial waste discharged into the authority's sanitary
sewer which, when analyzed, shows by weight a total suspended solids
(TSS) concentration greater than 240 mg/L or a biochemical oxygen
demand (BOD) concentration greater than 210 mg/L. In addition, the
authority may judge independently a waste's suitability for discharge
to the POTW that requires additional treatment, based upon BOD, TSS
or other characteristics, as abnormal. Any waste in this classification
must be made acceptable for discharge into the POTW as defined in
this article.
The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
Director of the Texas Commission on Environmental Quality
("TCEQ").
The City of Burleson, Texas.
Authorized representatives (authorized signatories) for wastewater discharge permit applications and for reports submitted under section 82-45 of this article are:
A responsible corporate officer, if the discharger submitting
the application or report is a corporation. This includes the president,
vice-president, secretary or treasurer 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.
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 or any control mechanism requirements;
and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
For a partnership or sole proprietorship, a general partner
of the proprietor, respectively.
The principal executive officer or director having responsibility
for the overall operation of the facility if the discharger is a federal,
state or local governmental entity, or their agents.
A duly authorized representative of the individual designated
in (1), (2), (3) or (4) above if:
The authorization is made in writing by the individual described
above in (1), (2), (3), or (4); and
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the discharge originates (such as a plant manager), or a position
of equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
The written authorization is submitted to the city.
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If an authorization is no longer accurate because a different
individual or position has responsibility, a new authorization must
be submitted to the City prior to or together with any reports signed
by an authorized representative.
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Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 82-43 [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.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20 degrees Centigrade, expressed as parts per million by weight
or in terms of milligrams per liter.
An acronym for Benzene, Toluene, Ethylbenzene and Xylenes,
a group of toxic chemicals that are found in gasoline and other petroleum
products.
The intentional diversion of waste streams or wastewater
from any portion of a discharger's wastewater treatment equipment
or pretreatment facility.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Limitations on pollutant discharges to POTW's promulgated
by EPA in accordance with section 307 of the Clean Water Act, that
apply to specified process wastewaters of particular industrial categories
[40 CFR 403.6 and Parts 405-471].
Code of Federal Regulations.
City of Burleson, Texas.
A measure of the oxygen consuming capacity of inorganic matter
present in the water or wastewater expressed in mg/L as determined
by the amount of oxidant consumed from a chemical reflux. Such term
does not, however, differentiate between stable and unstable organic
matter, and therefore does not necessarily correlate with biochemical
oxygen demand.
A procedure found in 40 CFR 403.6 (e) for calculating fixed
alternative discharge limits at industrial facilities applicable when
regulated process wastewater, subject to a categorical pretreatment
standard, is mixed with non-regulated wastewaters prior to sampling.
A mixture of grab samples collected at the same sample point
at different times and composed of not less than four samples. The
series of samples may be collected on a time or flow proportional
basis.
TIME PROPORTIONAL COMPOSITE SAMPLE
A sampling method which combines discrete samples of constant
volume collected at constant time intervals (e.g., 200 milliliter
samples collected every half hour for a 24-hour period).
FLOW PROPORTIONAL COMPOSITE SAMPLE
A sampling method which combines discrete samples collected
over time, based on the flow of the waste stream being sampled. There
are two methods used to collect this type of sample. One method collects
a constant sample volume at time intervals which vary based on the
stream flow [e.g., 200 milliliters of sample collected for every 5,000
gallons discharged]. The other method collects samples of varying
volume, based on stream flow, at constant time intervals. Flow proportional
composite will be used only in locations that have the capability
to measure flow during the sampling period.
Containing a harmful quantity of any substance.
The City of Fort Worth, Texas as holder of the respective
Texas Pollutant Discharge Elimination System (TPDES) permit.
The water discharged from any system of condensation such
as air conditioning, cooling, refrigeration or water used as a coolant
in cooling towers where the only pollutant is thermal.
The director of public works, or his or her authorized representative.
Any user discharging an effluent into a POTW by of pipes,
conduits, pumping stations, force mains, constructed drainage ditches,
surface water intercepting ditches, intercepting ditches, and all
constructed devices and appliances appurtenant thereto. The term includes
owners and occupants of such premises.
Environmental Protection Agency of the federal government.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Solid waste from domestic or commercial preparation, cooking
or dispensing of food or from the handling, storage, and sale of produce.
Gallons per day
A sample which is taken from a waste stream on a one time
basis with no regard to the flow of the waste stream and without consideration
of time. The sample is collected over a period of time not exceeding
15 minutes.
The introduction of pollutants into a POTW from any non-domestic
source regulated under section 307(b), (c) or (d) of the Act.
Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process or from the development,
recovery or processing of natural resources.
A source of indirect discharge.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
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 any requirement of the
POTW's TPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA), and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA, the Clean Air Act, the Toxic Substances Control Act,
and the Marine Protection, Research and Sanctuaries Act.
Is permissive.
The maximum concentration of a substance allowed in a discharge
as determined from a laboratory test of a daily composite sample.
The daily composite sample is the concentration of discharge of a
pollutant measured during a calendar day or any 24-hour period that
reasonably represents the calendar day for purposes of sampling.
The maximum concentration of a substance allowed in a discharge
as determined from a laboratory test of a grab sample.
Milligram per liter.
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, and on which construction
commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally 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 (2) or (3) above but otherwise alters, replaces,
or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has;
Begun, or caused to begin as part of a continuous onsite 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 is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this paragraph.
Water used for cooling which does not come into direct contact
with raw materials, intermediate product, waste product, or finished
product.
An industrial user that is subject to categorical pretreatment
standards that may, at the discretion of the director, be permitted
as a non-significant categorical industrial user (NSCIU) based on
a finding that the industrial user never discharges categorical wastewater
and the following conditions are met:
The industrial user, prior to city's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in section 82-45(c)(9)b. of this article [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any categorical process
wastewater into the sanitary sewer.
Is a system used by the federal government for collecting
and organizing industry-related statistics. The NAICS codes are updated
every five years to stay current with industry developments.
Operation and maintenance.
Decayed wood, sawdust, shavings, bark, lime, refuse, ashes,
garbage, offal, oil, tar, and all other substances except sewage and
industrial wastes.
The person, firm, or public or private corporation, using
the lot, parcel of land, building or premises connected to and discharging
sewage, industrial wastewater or liquid, into the sanitary sewage
system of the City, and who pays, or is legally responsible for the
payment of, water rates or charges made against the said lot, parcel
of land, building or premises, if connected to the water distribution
system of the City, or who would pay or be legally responsible for
such payment if so connected.
The discharge of pollutants through the POTW into waters
of the United States in quantities or concentrations which are a cause
of or significantly contribute to a violation of any requirement of
the POTW's TPDES permit.
Wastewater discharge permit, issued to non-domestic dischargers
of industrial waste into the sanitary sewerage system of the POTW.
Any individual, business entity, partnership, corporation,
governmental agency, political subdivision, or any agent or employee
thereof.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, in grams per liter of solution; a measure of the
acidity or alkalinity of a solution, expressed in standard units.
Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
Any sewage treatment plant owned and operated by an entity
(i.e. the control authority) other than a private industry and the
sewers, pipes and conveyances owned in whole or part by the control
authority that convey wastewater to the sewage treatment plant. This
definition includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial waste
of a liquid nature.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the sanitary sewer.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
Prohibited discharge limits established pursuant to 40 CFR
Part 403.5, categorical pretreatment standards, and local limits,
including best management practices.
Water that comes into direct contact with or results from
the production or use of any raw material, intermediate product, finished
product, byproduct, waste product, or wastewater.
Public works utility superintendent of the city, or his authorized
representative.
A publicly owned pipe or conduit designed to collect and
transport industrial waste and domestic sewage to the POTW.
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 be reasonably expected
to occur in the absence of a bypass. Sever property damage does not
mean economic loss caused by delays in production.
Water-carried human wastes or a combination of water-carried
wastes from residences, business buildings, institutions and industrial
establishments, together with such ground, surface, storm or other
waters as may be present.
Is mandatory.
An increase or decrease in the volume of wastewater discharged
by more than 20 percent from the data submitted in the permit application,
or the deletion or addition of any pollutant regulated by the authority
or by a categorical standard. Volumes are those measured by the water
service meter, a verifiable estimate, or a permanently installed effluent
flow meter approved by the authority.
All industrial users subject to categorical pretreatment
standards and any other industrial user that:
Discharges an average of 25,000 gallons per day or more of process
wastewater to a POTW (excluding sanitary, noncontact cooling or boiler
blow-down wastewater);
Contributes a process waste stream which makes up five percent
or more of the average dry weather hydraulic or organic capacity of
a POTW; or
Is designated as such by the authority on the basis that the
industrial user has a reasonable potential for adversely affecting
a POTW's operation or for violating any pretreatment standard or requirement.
An industrial user that is subject to categorical pretreatment
standards may, at the discretion of the director, be permitted as
a non-significant categorical industrial user (NSCIU) based on a finding
that the industrial user never discharges categorical wastewater (excluding
sanitary, non-contact cooling and boiler blowdown wastewater, unless
specifically included in the pretreatment standard) and the following
conditions are met:
The industrial user, prior to city's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in subsection 82-45(c)(9)b. of this article [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any categorical process
wastewater into the sanitary sewer.
Upon a finding that a noncategorical industrial user meeting
the criteria for a significant industrial user has no reasonable potential
for adversely affecting a POTW's operation or for violating any pretreatment
standard or requirement, the authority may at any time on its own
initiative or in response to a petition received from a noncategorical
industrial user, and in accordance with 40 CFR 403.8 (f)(6), determine
such user is not a significant industrial user.
Any discharge of a non-routine, episodic nature, including
but not limited to an accidental spill or a non-customary 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.
Codes which best describe the activities conducted at the
facility or establishment. SIC codes are four-digit numbers used by
the Bureau of Census as part of a system to categorize and track the
types of business activities conducted in the United States. The first
two digits of the code represent the major industry group and the
second two digits represent the specific subset of that group.
"Standard Methods for the Examination of Water and Wastewater",
a publication prepared and published jointly by the American Public
Health Association, American Waterworks Association and the Water
Pollution Control Federation, as it may be amended from time to time.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation including snowmelt.
Solids that either float on the surface of, or in suspension
in, water, sewage or other liquid and which are removable by laboratory
filtering.
The sum of masses or concentration of the toxic organic compounds
listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found
in industrial users' discharges at a concentration greater than 0.01
mg/L. Only those parameters reasonably suspected to be present, to
be determined by the city, if any, shall be analyzed for with non-categorical
industries. With categorical industries, the list of TTOs is specific
for every applicable federal category. TTO's will be sampled for as
stipulated in the particular category or those parameters reasonably
suspected to be present, to be determined by the city, where not stipulated.
Permit issued by the Texas Commission on Environmental Quality
under authority delegated pursuant to 33 USC 1342(b) that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group or general area-wide
basis.
Any water or liquid waste containing none of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gases; more than 10,000
parts per million, by weight, of dissolved solids, of which not more
than 2,500 parts per million are chloride; not more than ten parts
per million each of TSS and B.O.D.; color not exceeding 50 color units;
nor pH value of less than 5.5 nor higher than 11.0 and any water or
waste approved for discharge into a stream or waterway by the appropriate
state authority.
An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards established in this subdivision, due to factors beyond the reasonable control of the discharger and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof Any affirmative defenses to upset only apply to federal court actions as per section 82-46(g)(2) of this article.
A person who is a source of an indirect discharge.
United States Code
Liquid and water-carried industrial waste and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
(Ord. No. B-755-06(A1211), §
1, 1-3-2011)
(a)
This
article provides for prohibitions on discharges of certain substances
into the public sewer system of the city from all sources, domestic,
commercial, or industrial. A further purpose of this article is to
set forth uniform requirements for industrial dischargers into the
authority's wastewater collection and treatment systems, and to enable
the authority to protect the general public's health and POTW personnel
in conformance with all applicable state and federal laws relating
thereto, including the Clean Water Act. Parts of this article are
enacted pursuant to regulations established by the U.S. Environmental
Protection Agency (EPA) as set forth in 40 CFR Part 403 and all applicable
state and federal laws, including the Clean Water Act (33 United States
Code 1251 et seq.) and as set forth in 40 CFR Part 403.
(b)
All
categorical pretreatment standards, lists of toxic pollutants, industrial
categories, record-keeping requirements and other standards and categories
which have been or which will be promulgated by the EPA shall be incorporated
as a part of this article, as will EPA regulations regarding sewage
pretreatment established pursuant to the Act, and amendment of this
article to incorporate such changes shall not be necessary. The authority
shall maintain current standards and regulations which shall be available
for inspection and copying.
(c)
The
objectives of this article are:
(1)
To
prevent the introduction of pollutants into the authority wastewater
system which will interfere with the normal operation of the system,
including interference with the use or disposal of sludge, or contaminate
the resulting sludge;
(2)
To
prevent the introduction of pollutants into the authority wastewater
system which do not receive adequate treatment in the POTW, and which
will pass through the system into receiving waters or the atmosphere
or which are otherwise incompatible with the system;
(3)
To
improve the opportunity to recycle or reclaim municipal and industrial
wastewaters and sludges;
(4)
To
protect the health and safety of both POTW personnel and the general
public;
(5)
To
provide for the fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the POTW; and
(6)
To
enable the control authority to comply with its TPDES permit conditions,
sludge and disposal requirements, and any other federal and state
laws to which the POTW is subject.
(d)
The regulation of discharges into the authority's wastewater system under this article shall be accomplished through the issuance of permits, as specified in section 82-45 herein, and by monitoring and inspection of facilities, according to this article.
(e)
The
director shall have the authority to promulgate such administrative
regulations as are from time to time necessary for the enforcement
of this article.
(f)
Administration.
(1)
For
the purpose of promoting consistency of enforcement throughout the
city's jurisdiction and service area, the director shall promulgate
an enforcement response plan.
(2)
The
director shall have the authority to promulgate administrative regulations
which are consistent with this article and which are necessary for
the proper administration and enforcement of this article.
(3)
The
director and the director's authorized representatives are authorized
to administer, implement, and enforce the provisions of this division.
Additionally, the director and the director's authorized representatives
are authorized to make inspections pursuant to this division and to
take enforcement action against violators.
(Ord. No. B-755-06(A1211), §
1, 1-3-2011)
(a)
Discharges
to storm drains and watercourses.
It shall be unlawful
for any person to discharge or cause to be discharged any wastewater
into any storm drain or watercourse within the city, except for those
persons with approved permits for such discharges.
(b)
Prohibited
discharges.
(1)
No
person shall discharge or cause to be discharged any stormwater, surface
water, ground water, artesian well water, roof runoff, subsurface
drainage, condensate, deionized water, noncontact cooling water, and
unpolluted wastewater or drainage from downspouts, yard drains, yard
fountains and ponds, or lawn sprays into any sanitary sewer.
(2)
Water
from unpolluted industrial water or cooling water from various equipment
shall not be discharged into sanitary sewers if an alternate acceptable
means of disposal is available. If an alternate acceptable means of
disposal is not available, such water may be discharged into the sanitary
sewer provided the water is metered and meets the discharge prohibitions
and limitations of this article.
(3)
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.
(c)
Prohibited
sewer connections.
It shall be unlawful for any person
to deposit or discharge into the sanitary sewer any liquid or solid
waste, including trucked or hauled wastes, unless such deposit or
discharge has been approved by the authority.
(d)
Specific
prohibited wastewater constituents.
No person shall contribute
or cause to be discharged directly or indirectly, into any public
sanitary sewer any of the following described substances, materials,
water or waste:
(1)
Temperature.
Any liquid or vapor having a temperature
higher than 150° Fahrenheit (65° Centigrade);
(2)
Solidifying substance.
Any water or waste which contains
wax, grease, oil, petroleum oil, nonbiodegradable cutting oil, products
of mineral oil origin, plastic or other substance that will solidify
or become discernibly viscous at temperatures between 32° to 150°
Fahrenheit, thereby contributing to the clogging, plugging or otherwise
restricting the flow of wastewater through the collection system;
(3)
Explosive.
Pollutants which create a fire or explosion
hazard in the sewer system or POTW, including, but not limited to,
waste streams with a closed cup flashpoint of less than 140 degrees
Fahrenheit or 60 degrees Centigrade using the test methods specified
in 40 CFR Part 261.21. This includes flammable or explosive liquids,
solids or gases such as gasoline, kerosene, benzene, naphtha, etc.,
which by reason of their chemical properties or quantity may be sufficient,
either alone or by interaction, to cause fire or explosion.
(4)
Obstruction.
Solid or viscous substances in quantities
capable of causing obstruction in the flow in sewers or other interference
with proper operation of the POTW, such as, but not limited to, ashes,
cinders, asphalt, concrete, cement, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure,
hair and fleshings, entrails, lime slurry, lime residues, slops, chemical
residues, paint residues, or bulk solids;
(5)
Garbage.
Any garbage that has not been properly comminuted
or shredded to such a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with
no particle grater than one-half-inch in any dimension;
(6)
Gases.
Any 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 and repair;
(7)
Sludge.
Any substance which may cause the POTW's effluent
or treatment residues, sludges, or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process as determined
pursuant to criteria in this article. In no case, shall a substance
discharged to the POTW cause the POTW to be in noncompliance with
sludge use or disposal criteria, guidelines or regulations developed
under Section 405 of the Act or any criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Resource Conservation and Recovery Act, the Clean
Air Act, the Toxic Substances Control Act, or state standards applicable
to the sludge management method being used;
(8)
TPDES.
Any substance which will cause the POTW to violate
its TPDES or other disposal system permits, or the receiving stream
water quality standards;
(9)
Objectionable color.
Any substance with objectionable
color which cannot be removed by the treatment process, such as, but
not limited to, dye wastes and vegetable tanning solutions;
(10)
Slugload.
Any dump or slugload;
(11)
Hazard to human life.
Any wastewater which causes a
hazard to human life or creates a public nuisance;
(12)
Toxicity test.
Wastewater causing, alone or in conjunction
with other sources, the treatment plant's effluent to fail a toxicity
test; Total toxic organics in excess of 2.13 mg/L collected as a grab
sample;
(13)
Swimming pool.
Swimming pool drainage from private residential pools may not be discharged to the POTW unless the discharge is in compliance with chapter 10, article XI of this Code. Swimming pool drainage from public and semi-public swimming pools may not be discharged to the POTW unless the discharge is in compliance with chapter 10, article XI of this Code. Swimming pool filter backwash may be discharged to the POTW;
(14)
Detergents.
Detergents, surface-active agents, or other
substances which may cause excessive foaming in the POTW;
(15)
Medical waste.
Medical wastes, except as specifically
authorized by the authority in a wastewater discharge permit;
(16)
Pollutants.
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.
(17)
Interference.
Any pollutant, including oxygen-demanding
pollutants (BOD, etc.) released in a discharge at a flow rate and/or
pollutant concentration which, either singly or by interaction with
other pollutants, will cause Interference with the POTW.
(18)
Oils.
Petroleum oil, non-biodegradable cutting oil,
or product of mineral oil origin in amounts that will cause interference
or pass through.
(19)
Oil and grease.
a.
Petroleum oil, non-biodegradable cutting oil, or non polar products
of mineral oil origin in concentrations greater than 200 mg/L.
b.
Visible free floatable polar oils, fats, or grease or a concentration
greater than 200 mg/L in wastewater discharged from industrial or
commercial facilities into the POTW.
c.
In no case shall discharges in amounts that cause interference or
operational problems with the POTW be allowed.
(20)
Trucked or hauled pollutants.
Trucked or hauled pollutants, except at discharge points designated by the authority in accordance with subsection (c) of this section.
(21)
BTEX concentration greater than 1.0 mg/L.
(22)
Gases.
Hydrogen sulfide, sulfur dioxide or nitrous oxide
in excess of 10 parts per million.
(23)
Radioactive.
Radioactive wastes or isotopes with a half-life
or concentration exceeding limits established by the authority in
compliance with applicable state or federal regulations.
(24)
Toxics.
Toxic pollutants in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere
with any wastewater treatment process, constitute a hazard to humans
or animals, or to pass through the treatment plant and impair aquatic
life in receiving water, as expressed by the results of acute or chronic
toxicity tests of the POTW effluent.
(25)
Temperature.
A temperature which inhibits or interferes
with biological activity in the POTW treatment plant. In no case shall
wastewater be introduced which would have a temperature exceeding
40° Centigrade (104° Fahrenheit) upon entering the POTW treatment
plant.
(26)
Categorical.
Pollutants in excess of the limitations
established in an applicable categorical pretreatment standard set
forth in Title 40 of the Code of Federal Regulations.
(27)
Explosive.
Wastewaters which emanate vapors causing
the atmosphere in the sewer system to exceed 20 percent of the lower
explosive limit in the immediate area of the discharge.
(e)
Wastewater
limitations.
No person shall contribute or cause to be
discharged, directly or indirectly, into any sanitary sewer any wastewater
containing or having:
(1)
Acids or alkalis.
Acids or alkalis capable of causing
damage to sewage disposal structures or personnel or having a pH value
lower than 5.0 or higher than 12.0.
(2)
Metals.
Metals in the form of compounds or elements
with total concentrations exceeding the following:
Maximum Allowable Discharge Limit (mg/L)
|
Arsenic
|
0.25
|
|
Cadmium
|
0.15
|
|
Chromium
|
5.0
|
|
Copper
|
4.0
|
|
Lead
|
2.9
|
|
Mercury
|
0.01
|
|
Nickel
|
2.0
|
|
Silver
|
1.0
|
|
Zinc
|
5.0
|
(3)
Cyanide.
Cyanide or cyanogen compounds (expressed as
total CN) in excess of 1.0 mg/L.
(4)
Best management practices (BMPs).
The director may develop
BMPs by ordinance or in individual wastewater discharge permits to
help implement discharge prohibitions and limitations and other pretreatment
standards and the requirements of this section.
(5)
A
person commits an offense if with criminal negligence the person processes
or stores pollutants, substances, or wastewater prohibited by this
section in such a manner that they could be discharged to the POTW.
(f)
Accidental
discharge/slug control plan.
At the time of SIU determination,
or at least within a year from the user being designated as a SIU,
the authority shall evaluate whether each significant industrial user
needs an accidental discharge/slug control plan or other action to
control slug discharges. All the activities associated with slug control
evaluation and results are to be kept in the industrial user's file.
The authority 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 authority may develop
such a plan for any user. An accidental discharge/slug 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 authority of any accidental or slug discharge, as required by subsection 82-44(b) 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.
(Ord. No. B-755-06(A1211), §
1, 1-3-2011)
(a)
Compliance
with standards.
(1)
Applicable laws.
All dischargers shall be subject to
those federal, state, and local requirements and limitations which
are the most stringent.
(2)
Dilution.
No discharger shall increase the use of potable
or process water in any way for the purpose of diluting a discharge
as a partial or complete substitute for adequate treatment to achieve
compliance with the standards set forth in this article.
(3)
Mass limitations.
Where deemed appropriate, the authority
may apply mass limitation expressed in pounds per day of pollutant
discharged.
(4)
Categorical pretreatment standards.
a.
Where
a categorical pretreatment standard is expressed only in terms of
either the mass or the concentration of a pollutant in wastewater,
the authority may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
b.
When
wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, the director shall
impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
c.
A
user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
d.
A
user may obtain a net gross adjustment to a categorical standard in
accordance with 40 CFR 403.25.
(b)
Accidental
discharge.
(1)
Each
discharger shall provide protection from accidental discharge of prohibited
or regulated materials or substances established by this article.
Where necessary, facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the discharger's cost
and expense. When applicable, detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the authority for review, and shall be approved by the authority
before construction of the facility. Review and approval of such plans
and operating procedures by the authority shall not relieve the discharger
from the responsibility to modify its facility as necessary to meet
the requirements of this article.
(2)
Dischargers
shall notify the authority immediately upon the occurrence of a "slug"
or accidental discharge of substances prohibited by this article.
The notification shall include location of discharge, date and time
thereof, type of waste, concentration and volume, corrective actions
taken, and be signed by the dischargers authorized representative.
Within five days following such discharge, the user shall, unless
waived by the director, submit to the director a detailed written
report which specifies: A description and cause of the discharge,
including location of the discharge, type, concentration, and volume
of water; duration of noncompliance including exact dates and times
of noncompliance and, if the noncompliance is continuing, an immediate
response to cause the noncompliant discharge to cease; and all steps
taken or to be taken to reduce, eliminate, and prevent continuation
or recurrence of such an upset, slug load, or accidental discharge,
spill, or other conditions of noncompliance. Any discharger discharging
slugs of prohibited materials shall be liable for any expense, loss
or damage to the wastewater system and the POTW, in addition to the
amount of any fines imposed on the authority under state or federal
law.
(3)
A
notice shall be permanently posted on the user's bulletin board or
other prominent place advising employees of whom to call in the event
of a discharge described in subsection. Each employer shall instruct
all applicable employees, who may cause or discover such a discharge,
with respect to emergency notification procedure including the proper
telephone number of the authority to be notified.
(c)
Wastewater
discharges into private sewer systems.
All dischargers who discharge wastewater into a private sewer system shall comply with this article including section 82-45 of this article; provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the authority's personnel to enter onto the owner's property for purposes of inspection and monitoring of discharger's premises, and for enforcement pursuant to the term of this article.
(d)
Prohibition
of bypass.
(1)
Bypass.
Bypass of a discharger's treatment equipment
or treatment facility is prohibited and the authority may take enforcement
action against the discharger unless:
a.
The
bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage; and
b.
There
were no feasible alternatives to the bypass, such as use of auxiliary
treatment facilities, retention of untreated wastewater, or maintenance
during normal periods of downtime. This condition is not satisfied
if, in the exercise of reasonable engineering judgment, adequate back-up
equipment should have been installed to prevent a bypass which occurred
during normal periods of equipment downtime or maintenance; and
c.
The
discharger submitted advanced, written notice of the need for a bypass.
(2)
The
discharger shall submit oral notice to the authority of an unanticipated
bypass that exceeds categorical standards or other discharge limits
within 24 hours of the time the discharger becomes aware of the bypass.
Written notice shall be provided within five days of the time the
discharger becomes aware of the bypass. The written notice shall include
a description of the bypass and its causes, duration of the bypass,
steps taken to prevent the reoccurrence of the bypass, and must be
signed by the authorized representative of the discharger.
(e)
Notification
of hazardous waste discharges.
All dischargers shall
notify the authority, the control authority, the EPA's regional waste
management division director, and the approval authority in writing
of any discharge into a wastewater system or POTW of any substance,
which, if otherwise disposed of, would be a hazardous waste under
40 CFR Part 261. Any notification under this subsection must be submitted
in conformance with 40 CFR Part 403.12 (p).
(Ord. No. B-755-06(A1211), §
1, 1-3-2011; Ord. No.
CSO#1589-11-2020, § 1, 12-14-2020)
(a)
Classification
of dischargers and permits.
(1)
All
non-domestic users which discharge into the sanitary sewer system
of the authority shall be grouped according to the following definitions:
b.
Group II.
Commercial facilities and non-significant
industrial users (NSIU) are those commercial facilities and industrial
users which are not included in group I and which do not discharge
a significant amount of regulated pollutants on a regular basis. Examples
include automotive service shops, small food processors and photographic
developing shops.
c.
Group III.
Classed high strength users are restaurants,
car washes or other businesses, which can be classed according to
an average strength or abnormal strength of their wastewater.
d.
Group IV.
Wastewater haulers are transporters of wastewater
desiring to discharge into the authority's sanitary sewage system.
e.
Group V.
Non-significant categorical industrial user
(NSCIU) those facilities that never discharge categorical wastewater
even though categorical processes are located on-site.
f.
Group VI.
Groundwater remediation dischargers. Dischargers
who are retrieving contaminated underground water, pretreatment such
water, and then discharging into the POTW.
(2)
All
group I dischargers shall submit a wastewater discharge permit application
to the authority on a form provided by the authority, at least 90
days prior to the date upon which any discharge will begin or recommence.
Non-significant categorical industrial users (NSCIU) and non-significant
industrial users (NSIU) shall be required to submit applications at
dates specified by the director. Incomplete or inaccurate applications
will not be processed and will be returned to the user for revision.
Any user required to obtain a wastewater discharge permit, who proposes
to begin or recommence discharging into the POTW, shall obtain such
permit prior to beginning or recommencing such discharge. The application
shall contain:
b.
Description
of activities, facilities, and plant processes on the premises, including
a list of all raw materials and chemical used or stored at the facility
which are, or could accidentally or intentionally be, discharged into
the POTW;
c.
Number
and type of employee, hours of operation, and proposed or actual hours
of operation;
d.
Each
product produced by type, amount, process or processes, and rate of
production;
e.
Type
and amount of raw materials processed (average and maximum per day);
f.
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;
g.
Time
and duration of discharge; and
h.
Any
other information as may be deemed necessary by the authority to evaluate
the wastewater discharge permit application.
(3)
No
new group I, group IV, group V or VI user shall be allowed to discharge
until issued a valid permit. An application shall be filed with the
director at least 90 days prior to the date upon which any discharge
will begin or recommence. Incomplete or inaccurate applications will
not be processed and will be returned to the user for revision.
(4)
All
group II and III dischargers shall submit an industrial user survey.
The survey will be reviewed by personnel authorized by the director.
If deemed necessary, group II, III or IV dischargers may also be required
to obtain a permit as outlined herein. The discharger shall then submit
a report annually in the month specified by the director. The report
shall be completed according to the city's current reporting requirements,
including the submittal of any applicable certification statements.
(5)
The
authority will evaluate the completed applications and data furnished
by the discharger and may require additional information. If, after
evaluation, the application is deemed satisfactory, then a wastewater
discharge permit shall be issued within 60 days after the evaluation
is complete. The wastewater discharge permit shall be subject to the
terms and conditions specified herein and to the regulations of the
authority.
(6)
If
the application is denied, the applicant shall be notified in writing
within 30 days of the reasons for such denial. If denial is based
on the authority's determination that the applicant cannot meet the
wastewater discharge limitations of this article, the authority may
specify that the applicant be required to provide pretreatment of
the waste before it is deemed acceptable for sewer discharge.
(7)
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article and wastewater permit, pursuant to subsection (a)(5) above, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement added operational and maintenance activities.
a.
The
schedule shall contain milestone dates for the commencement and completion
of major events leading to the construction and operation of additional
pretreatment required for the discharger to comply with the requirements
of this article including, but not limited to dates, relating to hiring
an engineer, completing preliminary plans, completing final plans,
executing contract(s) for major components, commencing construction,
completing construction, and all other acts necessary to achieve compliance
with this article.
b.
The
time increments established between milestone dates shall be the shortest
practicable for the completion of the required work. Under no circumstances
shall the authority permit a time increment for a single step in the
compliance schedule to exceed nine months. The completion date in
this schedule shall not be later than the compliance date established
for applicable categorical pretreatment standards.
c.
Not
later than 14 days following each milestone date in the schedule and
the final date for compliance, the discharger shall submit a progress
report to the authority, including a statement as to whether or not
it complied with the increment of progress represented by that milestone
date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken
by the discharger to return the construction to the approved schedule.
In no event shall more than nine months elapse between such progress
reports to the authority.
(8)
Prior
to the approval of a permit, unless exempted by the authority, all
dischargers shall provide monitoring facilities to allow inspection,
sampling and/or flow measurement of wastewaters before entering the
sanitary sewer of the authority. Each monitoring facility shall be
located on the discharger's premises; provided, however, where such
location would be impractical or cause undue hardship to the discharger,
the authority may approve the placement of monitoring facilities in
the public street or sidewalk area. All monitoring equipment and facilities
shall be maintained in a safe and proper operating condition at the
expense of the discharger. Failure to provide proper monitoring facilities
shall be grounds for denial of a permit.
(b)
Permit
conditions.
Permits are issued to a specific discharger
for specific operation and are not assignable to another discharger
or transferable to any other location without the prior written approval
of the authority.
(1)
Wastewater
discharge permit transfer may be transferred to a new owner or operator
only if the permittee gives at least 90 days advance notice to the
authority and the authority approves the wastewater discharge permit
transfer. The notice to the authority 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 process;
b.
Identifies
the specific date on which the transfer is to occur; and
c.
Acknowledges
full responsibility for complying with the existing wastewater discharge
permit.
|
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
|
(2)
Wastewater
discharge permit requirements:
a.
A
statement that indicates wastewater discharge permit duration, which
in no event shall exceed five years;
b.
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection 82-45(b)(1) of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
c.
Effluent
limits and best management practices (BMPs) based on applicable pretreatment
standards as set forth in 40 CFR part 403, categorical pretreatment
standards, local limits, and state and local law;
d.
Self-monitoring,
sampling, reporting, notification, and record-keeping requirements.
These requirements shall include an identification of pollutants (or
best management practices) to be monitored, sampling location, sampling
frequency, and sample type based on federal, state, and local law;
and
e.
Permits
shall contain a statement of the 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 federal, state, and local law.
f.
Requirements
to control slug discharge, if determined by the city to be necessary.
(3)
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 non-routine discharges;
d.
Development
and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW, the unit charge or schedule
of user charges and fees for the management of the wastewater discharge
to the POTW;
e.
The
unit charge of schedule of user charges and fees for management of
the wastewater discharge to the POTW;
f.
Requirements
for installation and maintenance of inspection and sampling facilities
and equipment;
g.
A
statement that compliance with the 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 wastewater discharge
permit; and
h.
Other
conditions as deemed appropriate by the authority to ensure compliance
with this article, and state and federal laws, rules, and regulations.
(c)
Reporting
requirements for dischargers.
(1)
Baseline report.
Within 180 days following the effective
date for new or revised categorical pretreatment standards, or at
least 90 days prior to commencement of the introduction of wastewater
into the POTW by a new discharger, any discharger subject to a categorical
pretreatment standard shall submit to the authority a report (in a
form provided by the authority), indicating the nature and concentration
of all prohibited or regulated substances contained in its discharge,
and the average and maximum daily flow in gallons. The report shall
state whether the applicable categorical pretreatment standards are
being met on a consistent basis and, if not, what additional O&M
or pretreatment is necessary to bring the discharger into compliance
with the applicable categorical pretreatment standards. The report
shall also contain:
a.
Identifying information.
The name and address of the
facility, including the name of the operator and owner.
b.
Environmental permits.
A list of any environmental control
permits held by or for the facility.
c.
Description of operations.
A brief description of the
nature, average rate of production, 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.
d.
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 waste stream formula set out in 40 CFR 403.6(e).
e.
Measurement of pollutants.
1.
The categorical pretreatment standards applicable to each regulated
process.
2.
The result of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 82-45 of this article. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard.
3.
Sampling must be performed in accordance with procedures set out in subsection 82-45(c)(4).
4.
The user shall take a minimum of one representative sample to compile
the data necessary to comply with the requirements of this paragraph.
However, the city 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.
Historical data [that] can represent the current discharge only can
be accepted as a baseline report.
5.
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.
f.
Certification.
A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
g.
Compliance schedule.
If additional pretreatment, best management practices 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 article must meet the requirements set out in section 82-45 of this article.
h.
Signature and certification.
All baseline monitoring
reports shall be signed by an authorized representative and certified
by a qualified professional as stated in 40 CFR Part 403.12(b)(6).
(2)
90-day compliance report.
Within 90 days following the
date for final compliance by the discharger with applicable categorical
pretreatment standards, or 90 days following commencement of the introduction
of wastewater into the POTW by a new discharger, any discharger subject
to categorical pretreatment standards shall submit to the authority
a report indicating the nature and concentration of all prohibited
or regulated substances contained in its discharge, and the average
and maximum daily flow in gallons, in addition to best management
practices. The report shall state whether the applicable categorical
pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional O&M or pretreatment is necessary
to bring the discharger into compliance with the applicable categorical
pretreatment standards or requirements. This report shall be signed
by an authorized representative of the discharger.
(3)
Periodic compliance reports for categorical SIUs.
Any discharger subject to a categorical pretreatment standard made a part of this article shall submit to the authority a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the categorical pretreatment standards hereof, along with best management practices. Reports are required after the compliance date of such a pretreatment standard, or in the case of a new discharger, after commencement of the discharge, and are to be submitted at least once every six months (on dates specified by the authority). In addition, where applicable, this report shall include a record of all measured or estimated average and maximum daily flows which, during the reporting period, exceeded the average daily flow specified in section 82-45 hereof. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. The authority, taking into consideration extenuating factors, may authorize the submission of said reports on months other than those specified above.
a.
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 city or the pretreatment
standard necessary to determine the compliance status of the user.
b.
All
non-significant categorical industrial users (NSCIU) shall submit
a report annually in the month specified by the director. The report
shall be completed according to the city's current reporting requirements,
including the submittal of any applicable certification statements
and data obtained through appropriate sampling and analysis performed
during the period covered by the report, which data are representative
of conditions occurring during the reporting period.
c.
If
the director has determined that a non-significant industrial user
(NSIU) needs a permit, then the NSIU shall submit a report annually
in the month specified by the director. The report shall be completed
according to the city's current reporting requirements, including
the submittal of any applicable certification statements.
d.
All periodic compliance reports shall be signed and certified in accordance with subsection 82-45(c)(9) of this article. All wastewater samples shall 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 equipment in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(4)
Analyses and sampling procedures.
a.
All
analyses shall be performed in accordance with procedures contained
in 40 CFR Part 136 and amendments thereto or with any other test procedures
approved by the administrator of the EPA. Non-detectable 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. Sampling
shall be performed in accordance with the techniques approved by EPA.
Where 40 CFR Part 136 does not include sampling or analytical techniques
for the pollutants in question, or where EPA determines that the Part
136 techniques are inappropriate for the pollutant in question, sampling
and analyses shall be performed using validated analytical methods
or any other sampling and analytical procedures, including procedures
suggested by the POTW or other parties, approved by EPA.
b.
Sample collection.
1.
Except as indicated in subsection (c)(4)b.2. and 3., below, the user must collect wastewater samples using 24-hour flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the authority may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. 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 discharge limits.
2.
Samples for oil and grease, temperature, pH, cyanide, 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 82-45(c)(1) and (2), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities which historical sampling data does not exist; for facilities which historical sampling data is available, the director may authorize a lower minimum.
(5)
Reporting additional monitoring.
If an industrial user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the authority, using the procedures prescribed in subsection (c)(4) and (b)(2) of this section, the results of this monitoring along with chain-of-custody forms shall be included in the report.
(6)
Periodic compliance reports for significant noncategorical industrial
user.
Significant noncategorical industrial users shall submit to the authority at least once every six months (on dates as specified by the authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the authority. These reports shall be based on all sampling and analysis at the permitted sampling location for all regulated pollutants performed in the period covered by the report, and performed in accordance with the techniques described in subsection (c)(4) of this section. This sampling and analysis may be performed by the authority in lieu of the significant noncategorical industrial user.
(7)
Notification of changed discharge.
Dischargers shall
give prior written notification to the authority and City of Fort
Worth of any potential and actual significant changes in the volume
or character of pollutants in the discharge, including the listed
or characteristic hazardous wastes for which the IU has submitted
initial notification under 40 CFR 403.12(p), and any changes at its
facility that affect the potential for slug discharge.
a.
The
notification to the authority shall be received at least 90 days prior
to change.
b.
The
authority 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.
c.
The
authority may issue a wastewater discharge permit or modify an existing
wastewater discharge permit in response to changed conditions or anticipated
changed conditions.
d.
For
purposes of this requirement, significant changes include, but are
not limited to, flow increases or decreases of 20 percent or greater,
the discharge of any previously unreported pollutants, and the deletion
of any pollutant regulated by this article or a permit issued pursuant
to this article.
e.
Significant
industrial users that discharge wastewater to treatment plant operated
by the city shall provide prior written notification to the city of
changes to its wastewater discharges and any changes at its facility
that affect the potential for a slug discharge.
(8)
Authority monitoring.
Sampling and analysis for the reports required by subsections (c)(1), (2), (3) and (6) above may be performed by the authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the authority, the discharger will be required to submit the report or certifications.
(9)
Signatory requirements.
a.
All
applications and compliance reports submitted to the authority must
contain the following certification statement and be signed by the
authorized representative:
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"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 and for not reporting known violations, including possibility
of fine and imprisonment."
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b.
A
facility determined to be a non-significant categorical industrial
user (NSCIU) by the director must annually submit the following certification
statement signed in accordance with the signatory requirements in
40 CFR 403.120(1). This certification must accompany an alternative
report required by the director:
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Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical Pretreatment Standards
under 40 CFR ____, I certify that, to the best of my knowledge and
belief that during the period from ____, ____ to ____, ____ [months,
days, year]:
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1.
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The facility described as ____ [facility name] met the definition of a non-significant categorical industrial user as described in subsection 82-45(a)(1)e.; and
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2.
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The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
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3.
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The facility never discharged categorical process wastewater
on any given day during this reporting period.
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This compliance certification is based on the following information:
______
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(10)
Wastewater analysis.
When requested by the authority,
a user must submit information on the nature and characteristics of
its wastewater within 30 days of the request. The authority is authorized
to prepare a form for this purpose and may periodically require users
to update this information.
(d)
Inspection
and flow measurement.
(1)
Inspection.
a.
The
authority shall inspect the facilities of any discharger at least
once a year to determine compliance with the requirements for SIUs,
NSCIUs and NSIUs of this article. The director shall evaluate whether
each SIU needs a plan to control slug discharges at the time of SIU
determination, or at least by the first year. The discharger shall
allow the authority or its representatives to enter upon the premises
of the discharger at all reasonable hours for the purposes of inspection,
sampling, or examination of records. All reports and records related
to the provisions of this article shall be made available for copying
and inspection by the authority. The authority shall have the right
to set upon the discharger's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and metering
or measuring operations. The inspectors, agents or representatives
of the authority charged with the enforcement of this article shall
be deemed to be performing a governmental function for the benefit
and health and welfare of the general public and neither the authority
nor any individual inspector, agent or representative shall be held
liable for any loss or damage, whether real or asserted, caused or
alleged to have been caused as a result of the performance of such
governmental function. The failure or refusal of such owner or discharger
to comply with this provision shall be grounds for the disconnection
of water or sewer service to the facility. If entry is denied or if
a person in control cannot be located, the director shall have every
recourse provided by law to secure entry. Such recourse shall include
the right to obtain a search warrant under the guidelines of the Texas
Code of Criminal Procedure; and for the purposes of same, any person
with enforcement authority under this chapter is hereby declared to
be a "health officer."
b.
User
shall provide ample room in or near the monitoring facility to allow
accurate sampling and preparation of samples and analysis and whether
constructed on public or private property, the monitoring facilities
should be provided in accordance with the city'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 city to perform independent monitoring activities.
c.
Facilities
regulated under this chapter are subject to the authority of the following
agencies concerning access to information and right of entry onto
property for purposes of implementing and enforcing federal and state
pretreatment programs and other applicable law:
d.
The
industrial waste discharged or deposited into the sanitary sewers
shall be subject to periodic inspection and sampling as often as may
be deemed necessary by the authority. Samples shall be collected in
such manner as to be representative of the character and concentration
the waste under operational conditions. The laboratory methods used
in the examination of said waste shall be those set forth in 40 CFR
Part 136. The determination of the character and concentration of
industrial waste shall be made at such times and on such schedules
as may be established by the authority. Should a discharger desire
a determination of the quality of such industrial waste be made at
some time other than that scheduled by the authority, such special
determination may be made by the authority at the expense of the owner
or discharger.
e.
The
authority shall conduct surveillance activities in order to identify,
independent of information supplied by industrial users, occasional
and continuing noncompliance with pretreatment standards. The authority
shall inspect, evaluate the need for a plan to control slug discharges,
and sample the effluent from each significant industrial user at least
once a year. The result of such activities shall be available to the
approval authority upon request.
(2)
NOV/repeat sampling and reporting.
If sampling performed
by an industrial user indicates a violation, the user shall notify
the authority within 24 hours of becoming aware of the violation.
Within ten days, submit to the director a report which addresses:
the time, date, location, processes, and operations associated with
the violation, and the personnel assigned responsibility and/or present
during the violation; the cause or probable cause of the noncompliance;
and the actions taken and implemented to meet permit conditions. The
user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the control authority within 30 days after
becoming aware of the violation, except the industrial user is not
required to resample if:
(3)
Measurement of flow.
The volume of flow used in computing
sewage charges shall be based upon metered water consumption or discharge
as shown in the records of meter readings maintained by the city's
water department.
Where it can be shown to the satisfaction of the director that
a substantial portion of the metered water does not enter the sanitary
sewer, the director may require or permit the installation of additional
approved meters at the owner's expense, to measure the quantity of
water actually entering the sewer system. If approved by the director,
the measured quantity of water actually entering the sewer system
will be used to determine the sewer service charge.
Any discharger who procures all or part of its water supply
from sources other than the city water department, all or part of
which is subsequently discharged into the sanitary sewer, shall install
and maintain at its expense an effluent meter or flow measuring device
approved by the director for the purpose of determining the proper
volume of flow to be used in computing sewer service charges. Such
meters or measuring devices shall be read monthly.
If the director determines that it is not practicable to measure
the quantity or quality of waste by the aforesaid meters or monitoring
devices, the quantity or quality of the waste shall be determined
in any manner or method the director may find practicable in order
to arrive at the percentage of water entering the sanitary sewage
system of the authority and/or the quality of the sewage to be used
to determine the sewer service charge.
(e)
Permit
modifications.
(1)
The
authority reserves the right to amend any permit issued hereunder
in order to assure compliance by the authority with applicable laws
and regulations. The authority may amend any permit for good cause
including, but not limited to the following:
a.
To
incorporate any new or revised federal, state, or local pretreatment
standards or requirements.
b.
Material
or substantial alterations or additions to the discharger's operation
processes, or discharge volume or character which were not considered
in drafting the effective permit.
c.
A
change in any condition in either the industrial user or the POTW
that requires either a temporary or permanent reduction or elimination
of the authorized discharge.
d.
Information
indicating that the permitted discharge poses a threat to the authority's
collection and treatment systems, POTW personnel or the receiving
waters.
e.
Violation
of any terms or conditions of the permit.
f.
Misrepresentation
or failure to disclose fully all relevant facts in the permit application
or in any required reporting.
g.
To
correct typographical or other errors in the permit.
h.
To
reflect transfer of the facility ownership and/or operation to a new
owner/operator.
i.
Upon
request of the permittee, provided such request does not create a
violation of any applicable requirements, standards, laws, or rules
and regulations.
j.
To
incorporate, revise, or revoke new or existing best management practices.
(2)
All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of this article shall automatically become a part of this article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by subsection 82-45(a)(2) above, the discharger shall apply for a permit from the authority within 180 days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the authority within 180 days after promulgation of an applicable categorical pretreatment standard, the information required by subsection 82-45(c)(1) above. The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(f)
Confidential
information.
(1)
All information and data submitted by a discharger to the authority or POTW may be submitted to any state or federal agency governing the POTW. Such information shall be considered subject to public disclosure, provided, however, that the discharger may request that information not be subject to public disclosure, in accordance with 40 CFR Part 2 as follows:
a.
A
discharger may assert a business confidentiality claim covering part
or all of the information in a manner described below, and that information
covered by such a claim will be disclosed only by means of the procedures
set forth below.
b.
If
no claim of business confidentiality is asserted, all information
will be subject to public disclosure without further notice to the
discharger.
(2)
Asserting business confidentiality claim.
A discharger
which is submitting information to the authority may assert a business
confidentiality claim covering the information by placing on or attaching
to the information, at the time it is submitted to the authority,
a cover sheet, stamped or typed legend, or other suitable form of
notice employing language such as "trade secret," "proprietary," or
"company confidential." Allegedly confidential portions of otherwise
non-confidential documents should be clearly identified by the discharger,
and may be submitted separately to facilitate identification and handling
by the authority. If the discharger desires confidential treatment
only until a certain date or until the occurrence of a certain event,
the notice should so state.
(3)
Nothing
in this article shall prevent the disclosure of information and data
regarding the nature and content of a discharger's effluent, and the
frequency of discharge, or a standard or limitation to be met by the
discharger, and this information shall be available to the public
with no restrictions. Effluent data which cannot be held as confidential
is as defined in 40 CFR 2.302.
(4)
The
provisions of this subsection shall be subject to any public disclosure
requirements, which may exist under the Texas Public Information Act,
V.T.C.A., Government Code ch. 552, as amended.
(g)
Wastewater
discharge permit reissuance.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with subsection 82-45(a)(2) of this article, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. If the user submits an application in compliance with subsection (a), and the failure of the director to reissue a permit prior to the expiration of the previous permit is not due to any act or omission of the user, the expired permit shall continue to be effective and enforceable until reissued.
(Ord. No. B-755-06(A1211), §
1, 1-3-2011)
(a)
Notice
of violation.
(1)
When
a director finds that any person has violated, or continues to violate,
this chapter or any permit or order issued hereunder, the director
may issue to such person a written notice of violation.
(2)
No
later than the tenth day after receipt of the notice, the violator
shall submit to the issuing director an explanation of the violation
and a plan for the satisfactory correction and prevention of a reoccurrence
of the violation. Such plan shall include specific actions to be taken
by the violator.
(3)
If
the violator denies that any violation occurred, or contends that
no corrective action is necessary, he shall submit to the director
no later than the tenth day after receipt of the notice, a written
explanation of the basis of any such denial or contention.
(4)
Submission
of an explanation and/or plan in no way relieves a violator of liability
for any violations occurring before or after receipt of the notice
of violation.
(5)
Issuance
of a notice of violation shall not be a bar against, nor a prerequisite
for, taking any other action against a violator.
(b)
Non-emergency
termination of water supply and/or discharge.
(1)
A
user who violates the following conditions is subject to the termination
of its city-provided water supply and/or its discharge for failure
to:
a.
Comply
with wastewater discharge permit conditions;
b.
Factually
report the wastewater constituents and characteristics of its discharge;
c.
Report
significant changes in operations or wastewater volume, constituents
or characteristics prior to discharge;
d.
Allow
reasonable access to the discharger's premises by representatives
of the authority for the purpose of inspection or monitoring; or
e.
Pay
sewer charges; or
f.
Meet
compliance schedules;
g.
Fulfill
the conditions of its permit, or this subdivision, or to obey any
final judicial order with respect thereto.
h.
Meet
effluent limitations; including best management practices, based on
applicable pretreatment standards;
i.
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
j.
Violation
of the pretreatment standards of this division.
(2)
Whenever the authority finds that any discharger has engaged in conduct which justifies revocation of a permit, pursuant to this subsection (a) of this section, the authority shall serve or cause to be served upon such discharger a written notice, either by personal delivery or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
(3)
Within
30 days of the date of receipt of the notice, the discharger shall
respond in person or in writing to the authority, advising of its
position with respect to the allegations. Thereafter, the parties
shall meet to ascertain the veracity of the allegations and where
necessary, establish a plan for the satisfactory correction thereof.
(4)
The
user shall not recommence its discharge until the director so authorizes
and:
a.
The
user presents proof satisfactory to the director that the noncomplying
discharge has ceased;
b.
The
user presents proof satisfactory to the director that the conditions
creating the threat of imminent and substantial danger have been eliminated;
c.
The
user pays the city for all costs the city will incur in reinstating
services.
d.
Exercise
of this option by the director shall not be a bar to, nor a prerequisite
for, taking any other action against the user.
(c)
Administrative
orders.
Where the violation of subsection (a) of this section is not corrected by means of enforcement action listed in subsection (b) of this section, the following enforcement escalations may be used. Terms may or may not be negotiated with industrial users.
(1)
Consent order.
An agreement between the authority and
the industrial user normally containing three elements: (1) compliance
schedules (2) stipulated fines or remedial actions; and (3) signatures
of the authority and authorized representatives.
(2)
Show cause order.
An order which directs the user to
appear before the City to explain its noncompliance and show cause
why more severe enforcement actions against the user should not be
levied. Typically used after informal contacts or NOV's have failed
to resolve noncompliance; however, it can be used at anytime.
(3)
Compliance order.
An order which directs the industrial
user to achieve or restore compliance by a date specified in the order.
Terms need not be discussed with the industry in advance. Typically
used when noncompliance cannot be resolved without construction, repair,
or process changes, or to require development of management practices,
spill prevention programs, and other pretreatment program requirements.
(d)
Right
of appeal of administrative ruling.
Any discharger or
any interested party shall have the right to request in writing an
interpretation or ruling by the authority on any matter covered by
this article and shall be entitled to a prompt written reply. In the
event that such inquiry is by a discharger and deals with matters
of performance or compliance with this article or deals with a permit
issued pursuant hereto for which enforcement activity relating to
an alleged violation is the subject, receipt of a discharger's request
shall stay all enforcement proceedings pending receipt of the aforesaid
written reply; provided, however, the authority may take any action
it deems necessary to protect its wastewater collection and treatment
system or to comply with its TPDES permit or to comply with any contract
the authority has for the treatment of wastewater.
(e)
Judicial
proceedings.
The authority, with respect to the conduct
of any discharger contrary to the provisions of this article may authorize
its attorney to commence any legal action in a court of competent
jurisdiction for equitable and/or legal relief.
(1)
Injunctive relief.
When the authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the authority may petition, pursuant to V.T.C.A., Local Government Code, ch. 54, a district court or other court of proper jurisdiction through its attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The authority 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 injunction relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2)
Civil penalties.
The authority may also seek to recover
civil penalties of up to $5,000.00 per day pursuant to V.T.C.A., Local
Government Code, § 54.018.
(3)
Criminal proceedings.
Notwithstanding any notice provisions
contained in this article, any person who violates, disobeys, omits,
neglects, or refuses to comply with or who resists the enforcement
of any of the provisions of this Article commits an offense. The person
shall be fined not more than $2,000.00 for each offense.
(f)
Suspension
or termination of service and discharge permits.
(1)
Emergency suspension.
The authority, may, for good cause
shown, suspend water or wastewater service to the discharger's facility
when it appears to the authority that an actual or threatened discharge
presents or may present an imminent or substantial danger to the health
or welfare of persons, substantial danger to the environment, interfere
with the operation of a POTW, violate any pretreatment limits imposed
by this article or any permit issued pursuant to this article. Any
discharger notified of the suspension of the authority 's water or
wastewater service and/or the discharger's permit, shall within a
reasonable period of time, as determined by the authority, cease all
discharges. In the event of the failure of the discharger to comply
voluntarily with the suspension order within the specified time, the
authority may commence judicial proceedings to compel the discharger's
compliance with such order or may immediately disconnect such discharger's
service line from the city water and sanitary sewer system. In the
case of emergency disconnection of service, the director shall make
a reasonable attempt to notify the owner or discharger before disconnecting
the service line. The party whose service has been disconnected shall
have an opportunity for a hearing on the issue of the illegal discharge
and the disconnection as soon as possible after such disconnection
has taken place.
(2)
The
authority may reinstate the permit and/or the wastewater or water
service upon proof by the discharger of the cessation of the non-complying
discharge or elimination of conditions creating the threat of imminent
or substantial danger as set forth above. The water and/or wastewater
service shall be reconnected at the discharger's expense.
(g)
Affirmative
defense to discharge violations.
(1)
Affirmative defense to discharge violations for action in municipal
or state court.
In an action brought in municipal or
state court, if a person can establish that an event that would otherwise
be a violation of this article or a permit issued under this article
was caused solely by an act of God, war, strike, riot, or other catastrophe,
the event is not a violation of this article or the permit. In an
enforcement proceeding, the user seeking to establish the occurrence
of an act of God, war, strike, riot, or other catastrophe shall have
the burden of proof. In the event that an act of God, war, strike,
riot, or other catastrophe has been established the user shall control
production of all discharges to the extent possible until such time
as the reduction, loss, or failure of its treatment facility is restored
or an alternative method of treatment is provided.
(2)
Affirmative defense to upset.
In an action brought in
federal, court, it is an affirmative defense to an enforcement action
brought for noncompliance with categorical pretreatment standards
that the noncompliance was caused by upset, if the user demonstrates,
through properly signed, contemporaneous operating logs, or other
relevant evidence that an upset occurred and that the user can identify
the cause(s) of the upset; the facility was at the time operated in
a prudent and workman-like manner and in compliance with applicable
operation and maintenance procedures; informed the authority within
24 hours of first awareness of the commencement of the event. Where
such information is given orally, the authority may at its discretion
require the discharger to file a written report within five working
days. The report shall specify:
a.
Description
of the event, its cause and the event's impact on a discharger's compliance
status.
b.
Duration
of non-compliance, including exact dates and times of non-compliance,
and if the non-compliance continues, the time by which compliance
is reasonably expected to occur.
c.
All
steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an event or other conditions of non-compliance.
(3)
Affirmative defense to specific prohibited discharge standards.
It is an affirmative defense in federal court to an enforcement action brought against a user for noncompliance with the general prohibitions of Section 82-43(b) or a specific prohibition of subsections 82-43(d)(1), (2), (6), (17) and (18) that the user 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:
a.
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
b.
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 TPDES permit, and in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
(4)
An
operating event which was not the result of negligence on the part
of the discharger, and which has been documented and verified in the
manner stated above shall be an affirmative defense to any enforcement
action brought by the authority against a discharger for any non-compliance
with the article which arises out of violations alleged to have occurred
during the period of the event.
(h)
Recovery
of costs incurred by the authority.
Any discharger who
discharges or causes a discharge producing a deposit or obstruction,
or causes damage to or impairs the authority 's wastewater system,
shall be liable to the authority for any expense, loss, or damage
caused by such violation or discharge. The authority shall bill the
discharger for the costs incurred by the authority for any cleaning,
repair, or replacement work caused by the violation or discharge.
Failure to pay such bill may result in the termination of water or
wastewater service.
(i)
Falsifying
information.
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished as provided in subsection (e)(3) of this section.
(j)
POTW
pretreatment requirements.
All POTW's shall be able to
seek injunctive relief for noncompliance by industrial users with
pretreatment standards and requirements. All POTWs shall also have
authority to seek or assess civil or criminal penalties in at least
the amount of $1,000.00 a day for each violation by industrial users
of pretreatment standards and requirements. POTWs whose approved pretreatment
programs require modification to conform to the requirements of this
subsection shall submit a request for approval of a program modification
in accordance with [40 CFR Part] 403.18, unless the state would be
required to enact or amend a statutory provision, in which case the
POTW shall submit such a request.
(Ord. No. B-755-06(A1211), §
1, 1-3-2011)
(a)
Net/Gross
calculations.
The authority may elect to adjust categorical
pretreatment standards to reflect the presence of pollutants in the
discharger's intake water, in accordance with 40 CFR Part 403.15.
(b)
Preservation
of records.
All dischargers subject to this article shall
retain and preserve and make available for inspection and copying
for no less than three years, any records, books, documents, memoranda,
reports, correspondence and any and all summaries thereof, relating
to monitoring, sampling and chemical analyses made by or on behalf
of a discharger in connection with its discharge, including documentation
associated with best management practices. 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; and analytical techniques or methods used;
and the results of such analyses. All records which pertain to matters
which are the subject of administrative adjustment or any other enforcement
or litigation activities brought by the authority pursuant hereto
shall be retained and preserved by the discharger until all enforcement
activities have concluded and all periods of limitation with respect
to any and all appeals have expired.
(c)
Costs
of administering program.
The authority may make such
charges, known as monitoring and pretreatment charges, as are reasonable
for services rendered in administering the programs outlined in this
article. Such charges may include, but are not limited to:
(d)
Right
of revision.
The authority reserves the right to amend this Article or wastewater discharge permits to provide for more stringent limitations or requirements on discharges to the sanitary sewer or POTW where deemed necessary to comply with the objectives set forth in section 82-42 of this article.
(e)
Publication
of list of significant violators.
The authority shall
annually publish in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions served by the city
a list of users that were in significant noncompliance (SNC) with
applicable federal pretreatment standards and requirements during
the previous 12 months. Definition of significant violation shall
be the definitions listed below and in 40 CFR Part 403.8(f)(2)(vii)
and in the POTW's TPDES permit. The director, or the director's designee,
shall be responsible for calculating the users who have committed
significant violations.
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Significant industrial users are subject to the SNC criteria listed in paragraphs (1) through (8) below. Group II non-significant industrial users that have been issued a permit shall be subject to SNC criteria listed in paragraphs (3) through (8) below. Group VI non-significant categorical industrial users shall be subject to SNC criteria listed in paragraphs (3) through (8) below. All other industrial users are subject to the SNC criteria listed in paragraphs (3), (4) and (8) of this subsection (e).
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Significant non-compliance shall mean:
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(1)
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Chronic violations of wastewater discharge limits, defined here
as those in which 66 percent or more of wastewater measurements taken
for the same pollutant parameter during a six-month period exceed
a numeric pretreatment standard or requirement, including instantaneous
limits for the same pollutant parameter by any amount;
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(2)
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Technical review criteria (TRC) violations, defined here as
those in which 33 percent 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 multiplied by the applicable criteria (1.4 for
BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
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(3)
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Any other discharge violation of a pretreatment standard or
requirement as defined by 40 CFR 403.3i. (Daily maximum, long-term
average, instantaneous limits or a narrative standard) that the director
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;
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(4)
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Any discharge of pollutants that have caused imminent endangerment
to the public or to the environment, or has resulted in the director's
exercise of his emergency authority to halt or prevent such a discharge;
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(5)
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Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
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(6)
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Failure to provide within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic reports
(such as self-monitoring reports), and reports on compliance with
compliance schedules;
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(7)
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Failure to accurately report noncompliance; or
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(8)
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Any other violation(s) which may include a violation of best
management practices, which the director determines will adversely
affect the operation or implementation of the local pretreatment program.
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