(a)
This article sets forth uniform requirements for users of the
publicly owned treatment works (POTW) for the City of Beaumont (City)
and enables the city to comply with all applicable state and federal
laws, including the Clean Water Act (33 United States Code (U.S.C.)
section 1251 et seq.) and the general pretreatment regulations (title
40 of the Code of Federal Regulations (CFR) part 403). The objectives
of this article are:
(1)
To prevent the introduction of pollutants into the POTW that
will interfere with its operation;
(2)
To prevent the introduction of pollutants into the POTW that
will pass through the POTW, inadequately treated, into receiving waters,
or otherwise be incompatible with the POTW;
(3)
To protect both POTW personnel who may be affected by wastewater
and sludge in the course of their employment and the general public;
(4)
To promote reuse and recycling of industrial wastewater and
sludge from the POTW;
(5)
To enable the city to comply with its Texas Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the POTW is subject.
(b)
This article shall apply to all users of the POTW. The article
authorizes the issuance of individual wastewater discharge permits;
provides for monitoring, compliance, and enforcement activities; establishes
administrative review procedures; and requires user reporting. This
article does not provide for the recovery of operations, maintenance,
or replacement costs of the POTW or the costs associated with the
construction of collection and treatment systems used by the industrial
users in proportion to their use of the POTW, which are the subject
of separate enactments.
(Ordinance 22-070 adopted 11/22/2022)
The director and/or the water quality manager, except as otherwise
provided herein, shall administer, implement, and enforce the provisions
of this article. Any powers granted to or duties imposed upon the
water quality manager may be delegated by the water quality manager
to a duly authorized deputy, agent, or representative.
(Ordinance 22-070 adopted 11/22/2022)
The following abbreviations, when used in this article, shall
have the designated meanings:
|
-
|
BOD - Biochemical Oxygen Demand
|
|
-
|
BMP - Best Management Practice
|
|
-
|
BMR - Baseline Monitoring Report
|
|
-
|
CFR - Code of Federal Regulations
|
|
-
|
CIU - Categorical Industrial User
|
|
-
|
COD - Chemical Oxygen Demand
|
|
-
|
EPA - U.S. Environmental Protection Agency
|
|
-
|
gpd - Gallons per day
|
|
-
|
IU - Industrial User
|
|
-
|
mg/L - Milligrams per liter
|
|
-
|
NPDES - National Pollutant Discharge Elimination System
|
|
-
|
NSCIU - Non-Significant Categorical Industrial User
|
|
-
|
POTW - Publicly Owned Treatment Works
|
|
-
|
RCRA - Resource Conservation and Recovery Act
|
|
-
|
SIU - Significant Industrial User
|
|
-
|
SNC - Significant Noncompliance
|
|
-
|
TAC - Texas Administrative Code
|
|
-
|
TCEQ - Texas Commission on Environmental Quality
|
|
-
|
TSS - Total Suspended Solids
|
|
-
|
U.S.C. - United States Code
|
(Ordinance 22-070 adopted 11/22/2022)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
Enforcement documents which direct an industrial user to
undertake or cease specific activities. The order may take the form
of cease and desist orders, consent orders, show cause orders, and/or
compliance orders.
Texas Commission on Environmental Quality (TCEQ).
If the user is a corporation:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in subsections (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the city.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 22.03.005(a)(1) and (2) (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 procedures for five (5)
days at twenty (20) degrees centigrade, usually expressed as a concentration
(e.g., mg/l).
That part of the lowest horizontal piping of a drainage system
which receives the discharge waste and other drainage pipes inside
the walls of the building and conveys it to the building sewer, beginning
three (3) feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C.
section 1317) that apply to a specific category of users and that
appear in 40 CFR chapter I, subchapter N, parts 405–471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The City of Beaumont.
A mixture of individual samples (grab samples) collected
over a specific period of time (e.g., twenty-four (24) hours for a
daily composite).
The City of Beaumont.
The discharge of a pollutant measured during a calendar day
or any 24-hour period that reasonable represents the calendar day
for purposes of sampling.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The discharge of treated or untreated wastewater directly
to the water of the state.
The director of water and sewer operations of the City of
Beaumont, or his authorized deputy, agent, or representative.
Waterborne waste normally discharged from the sanitary convenience
of dwellings (including apartment houses and hotels), office buildings,
factories, and institutions, free from stormwater, surface water,
and industrial waste.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, the regional administrator,
or other duly authorized official of said agency.
Any source of discharge that is not a "new source."
An area outside the corporate limits of a municipality as
defined in Texas Local Government Code, § 42.021.
A sample that is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
fifteen (15) minutes.
Any liquid, semi-liquid or solid waste (or combination of
wastes) which, because of its quantity, concentration, or physical,
chemical or infectious characteristics, may:
Have any of the following characteristics: Toxic, corrosive,
an irritant, a strong sensitizer, flammable or combustible, explosive
or otherwise capable of causing substantial personal injury or illness;
Pose a substantial hazard to human health or the environment
when improperly treated, stored, transported, or disposed of, or otherwise
improperly managed, and is identified or listed as a hazardous waste
as defined by the Texas Solids Waste Disposal Act, chapter 361 Health
and Safety Code, or the administrator, EPA, pursuant to the Federal
Solid Waste Disposal Act, as amended by RCRA (1976) and as may be
amended in the future.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The introduction of pollutants into the POTW from any nondomestic
source.
Any person, business or governmental agency that discharges
nondomestic waste to the city's wastewater treatment system.
All gases, solids, or liquids resulting from any industrial,
manufacturing, food processing, oil and/or gas well and/or gas field
site operations or processes, or from the development of any natural
resource, or any mixture of these with water or domestic wastewater.
A permit required of all significant industrial users to
deposit or discharge industrial wastewater to the city's wastewater
treatment system. This permit does not grant a waiver to allow discharge
of any waste prohibited by this article or allow discharge of any
waste that exceeds the limit or is in violation of the requirements
of this article.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the city's NPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder, or any more stringent state or local regulations:
section 405 of the Act; the Solid Waste Disposal Act, including title
II commonly referred to as the Resource Conservation and Recovery
Act (RCRA); any state regulations contained in any state sludge management
plan prepared pursuant to subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
Specific discharge limits developed and enforced by the city
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
The flow limitations as prescribed to collection system capacity
and allowable head loading at the POTW.
"May" is a permissive or discretionary statement.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The 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.
The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during
that month.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the act that will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program.
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which 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 subsection.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the city's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The person designated by the city to supervise the operation
of the pretreatment program, and who is charged with certain duties
and responsibilities by this article. The term also means a duly authorized
representative of the director of water and sewer operations and/or
water quality manager.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct,
or waste product.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 22.03.005(a) of this article.
A treatment works, as defined by section 212 of the act (33
U.S.C. section 1292), which is owned by the city. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances, which convey wastewater to a treatment
plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Except as provided in subsection (3) of this section, a significant industrial user is:
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsection (2) of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any violation or group of violations, which may include a
violation of best management practices, which the POTW determines
will adversely affect the operation or implementation of the local
pretreatment program.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 22.03.005(a) of this article. A slug discharge is 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.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
A source of indirect discharge.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
The person in charge of the city's approved pretreatment
program.
(Ordinance 22-070 adopted 11/22/2022)
(a)
Prohibited discharge standards.
(1)
General prohibitions.
No user shall introduce
or cause to be introduced into the POTW any pollutant or wastewater
which causes pass through or interference. These general prohibitions
apply to all users of the POTW whether or not they are subject to
categorical pretreatment standards or any other national, state, or
local pretreatment standards or requirements.
(2)
Specific prohibitions.
No user shall introduce
or cause to be introduced into the POTW the following pollutants,
substances, or wastewater:
(A)
Pollutants which create a fire or explosive hazard
in the POTW, including, but not limited to, wastestreams with a closed-cup
flashpoint of less than one hundred forty (140) degrees F (sixty (60)
degrees C) using the test methods specified in 40 CFR 261.21;
(B)
Wastewater having a pH less than six (6.0) or more
than eleven (11.0), or otherwise causing corrosive structural damage
to the POTW or equipment;
(C)
Any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch manure or
other solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in Interference;
(D)
Pollutants, including oxygen-demanding pollutants
(BOD, etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other pollutants,
will cause Interference with the POTW;
(E)
Heat in amounts which will inhibit biological activity
in the POTW resulting in Interference, but in no case heat in such
quantities that the temperature at the POTW Treatment Plant exceeds
40 °C (104 °F) unless the Approval Authority, upon request
of the POTW, approves alternate temperature limits;
(F)
Petroleum oil, nonbiodegradable cutting oil, or
products of mineral oil origin, in amounts that will cause Interference
or Pass Through;
(G)
Pollutants which result in the presence of toxic
gases, vapors, or fumes within the POTW in a quantity that may cause
acute worker health and safety problems;
(H)
Trucked or hauled pollutants, except at discharge
points designated by the director;
(I)
Noxious or malodorous liquids, gases, solids, or
other wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance or a hazard to
life, or to prevent entry into the sewers for maintenance or repair;
(J)
Wastewater which imparts color which cannot be
removed by the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the city's
NPDES permit;
(K)
Wastewater containing any radioactive wastes or
isotopes except in compliance with applicable state or federal regulations;
(L)
Storm Water, surface water, ground water, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, Noncontact Cooling Water, and unpolluted
wastewater, unless specifically authorized by the director;
(M)
Sludges, screenings, or other residues from the
pretreatment of industrial wastes;
(N)
Medical Wastes, except as specifically authorized
by the director in an individual wastewater discharge permit;
(O)
Wastewater causing, alone or in conjunction with
other sources, the treatment plant's effluent to fail toxicity test;
(P)
Detergents, surface-active agents, or other substances
which might cause excessive foaming in the POTW.
(b)
National categorical pretreatment standards.
Users
must comply with the categorical pretreatment standards found at 40
CFR chapter I, subchapter N, parts 405–471.
(c)
State pretreatment standards.
Users must comply
with state pretreatment standards codified at TCEQ regulations for
existing and new sources of pollution, 30 TAC part 1, chapter 315.
(d)
Local limits.
(1)
The director is authorized to establish local limits pursuant
to 40 CFR 403.5(c).
(2)
The following pollutant limits are established to protect against
pass through and interference. No person shall discharge wastewater
containing in excess of the following:
|
-
|
4.0 mg/l Arsenic
|
|
-
|
250 mg/l BOD
|
|
-
|
550 mg/l COD
|
|
-
|
0.3 mg/l Cadmium
|
|
-
|
21.0 mg/l Chromium
|
|
-
|
1.0 mg/l Copper
|
|
-
|
1.4 mg/l Cyanide
|
|
-
|
1.8 mg/l Lead
|
|
-
|
0.005 mg/l Mercury
|
|
-
|
4.0 mg/l Nickel
|
|
-
|
200 mg/l Oil and Grease
|
|
-
|
1.4 mg/l Selenium
|
|
-
|
1.18 mg/l Silver
|
|
-
|
10.0 mg/l Total Phenols
|
|
-
|
300 mg/l TSS
|
|
-
|
8.0 mg/l Zinc
|
|
-
|
3.72 mg/L Nonylphenol
|
The above limits apply at the point where the wastewater
is discharged to the POTW. All concentrations for metallic substances
are for total metal unless indicated otherwise.
(3)
The director may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of section 22.03.005(a).
(e)
Right of revision.
The city reserves the right
to establish, by ordinance or in individual wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW
consistent with the purpose of this article.
(f)
Dilution.
No user shall ever increase the use
of process water, or in any way attempt to dilute a discharge, as
a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized
by an applicable pretreatment standard or requirement.
(Ordinance 22-070 adopted 11/22/2022)
(a)
Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 22.03.005(a) of this article within the time limitations specified by EPA, the state, or the director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the director for review, and shall be acceptable to the director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this article.
(b)
Additional pretreatment measures.
(1)
Whenever deemed necessary, the director may require users to
restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams
from industrial wastestreams, and such other conditions as may be
necessary to protect the POTW and determine the user's compliance
with the requirements of this article.
(2)
The director may require any person discharging into the POTW
to install and maintain, on their property and at their expense, a
suitable storage and flow-control facility to ensure equalization
of flow. An individual wastewater discharge permit may be issued solely
for flow equalization.
(3)
Grease, oil, and sand interceptors shall be provided when, in
the opinion of the director, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand;
except that such interceptors shall not be required for residential
users. All interception units shall be of a type and capacity approved
by the director and shall be so located to be easily accessible for
cleaning and inspection. Such interceptors shall be inspected, cleaned,
and repaired by the user at their expense.
(4)
Users with the potential to discharge flammable substances may
be required to install and maintain an approved combustible gas detection
meter.
(c)
Accidental discharge/slug discharge control plans.
The director shall evaluate, within one year of being designated
as a SIU, whether each SIU needs an accidental discharge/slug discharge
control plan or other action to control slug discharges. The director
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 director may develop such a plan
for any user. An accidental discharge/slug discharge control plan
shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch
discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the director of any accidental or slug discharge, as required by section 22.03.009(f) of this article;
(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; and
(5)
The director shall keep records of the activities associated
with slug control evaluation and results of such activities are required
to be available to the approval authority upon request.
(d)
Hauled wastewater.
(1)
Septic tank waste may be introduced into the POTW only at locations designated by the director, and at such times as are established by the director. Such waste shall not violate section 22.03.005 of this article or any other requirements established by the city. The director may require septic tank waste haulers to obtain individual wastewater discharge permits.
(2)
The director may require haulers of industrial waste to obtain
individual wastewater discharge permits. The director may require
generators of hauled industrial waste to obtain individual wastewater
discharge permits. The director also may prohibit the disposal of
hauled industrial waste. The discharge of hauled industrial waste
is subject to all other requirements of this article.
(3)
Industrial waste haulers may discharge loads only at locations
designated by the director. No load may be discharged without prior
consent of the director. The director may collect samples of each
hauled load to ensure compliance with applicable standards. The director
may require the industrial waste hauler to provide a waste analysis
of any load prior to discharge.
(4)
Industrial waste haulers must provide a waste-tracking form
for every load. This form shall include, at a minimum, the name and
address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
(Ordinance 22-070 adopted 11/22/2022)
(a)
Wastewater analysis.
When requested by the director,
a user must submit information on the nature and characteristics of
its wastewater within thirty (30) days of the request. The director
is authorized to prepare a form for this purpose and may periodically
require users to update this information.
(b)
Individual wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the director, except that a significant industrial user that has filed a timely application pursuant to subsection (c) of this section may continue to discharge for the time period specified therein.
(2)
The director may require other users to obtain individual wastewater
discharge permits as necessary to carry out the purposes of this article.
(3)
Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in sections 22.03.013 and 22.03.014 of this article. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(c)
Individual wastewater discharge permitting: existing connections.
Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the director for an individual wastewater discharge permit in accordance with subsection (e) of this section, and shall not cause or allow discharges to the POTW to continue after thirty (30) days of the effective date of this article except in accordance with an individual wastewater discharge permit issued by the director.
(d)
Individual wastewater discharge permitting: new connections.
Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with subsection (e) of this section, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.
(e)
Individual wastewater discharge permit application contents.
(1)
All users required to obtain an individual wastewater discharge
permit must submit a permit application. The director may require
users to submit all or some of the following information as part of
a permit application:
(B)
Environmental permits.
A list of
any environmental control permits held by or for the facility.
(C)
Description of operations.
(i)
A brief description of the nature, average rate
of production (including each product produced by type, amount, processes,
and rate of production), and standard industrial classifications of
the operation(s) carried out by such user. This description should
include a schematic process diagram, which indicates points of discharge
to the POTW from the regulated processes.
(ii)
Types of wastes generated, and a list of all raw
materials and chemicals used or stored at the facility which are,
or could accidentally or intentionally be, discharged to the POTW;
(iii)
Number and type of employees, hours of operation,
and proposed or actual hours of operation;
(iv)
Type and amount of raw materials processed (average
and maximum per day);
(v)
Site plans, floor plans, mechanical and plumbing
plans, and details to show all sewers, floor drains, and appurtenances
by size, location, and elevation, and all points of discharge.
(D)
Time and duration of discharges.
(E)
The location for monitoring all wastes covered
by the permit.
(F)
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in section 22.03.005(b) (40 CFR 403.6(e)).
(G)
Measurement of pollutants.
(i)
The categorical pretreatment standards applicable
to each regulated process and any new categorically regulated processes
for Existing Sources.
(ii)
The results of sampling and analysis identifying
the nature and concentration of regulated pollutants in the discharge
from each regulated process.
(iii)
Instantaneous, daily maximum, and long-term average
concentrations shall be reported.
(iv)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 22.03.009(i) of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard.
(v)
Sampling must be performed in accordance with procedures set out in section 22.03.009(k) of this article.
(H)
Any other information as may be deemed necessary
by the director to evaluate the permit application.
(2)
Incomplete or inaccurate applications will not be processed
and will be returned to the user for revision.
(f)
Application signatories and certifications.
(1)
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in section 22.03.009(n).
(2)
If the designation of an authorized representative is no longer
accurate because a different individual or position has responsibility
for the overall operation of the facility or overall responsibility
for environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
director prior to or together with any reports to be signed by an
authorized representative.
(g)
Individual wastewater discharge permit decisions.
The director will evaluate the data furnished by the user and may
require additional information. Within thirty (30) days of receipt
of a complete permit application, the director will determine whether
to issue an individual wastewater discharge permit. The director may
deny any application for an individual wastewater discharge permit.
(Ordinance 22-070 adopted 11/22/2022)
(a)
Individual wastewater discharge permit duration.
An individual wastewater discharge permit shall be issued for a specified
time period, not to exceed five (5) years from the effective date
of the permit. An individual wastewater discharge permit may be issued
for a period less than five (5) years, at the discretion of the director.
Each individual wastewater discharge permit will indicate a specific
date upon which it will expire.
(b)
Individual wastewater discharge permit contents.
An individual wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the director to prevent pass
through or interference, protect the quality of the water body receiving
the treatment plant's effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage
to the POTW.
(1)
Individual wastewater discharge permits must contain:
(A)
A statement that indicates the wastewater discharge
permit issuance date, expiration date and effective date;
(B)
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection (d) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(C)
Effluent limits, including best management practices,
based on applicable pretreatment standards;
(D)
Self-monitoring, sampling, reporting, notification,
and recordkeeping requirements. These requirements shall include an
identification of pollutants (or best management practice) to be monitored,
sampling location, sampling frequency, and sample type based on federal,
state, and local law;
(E)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time
for compliance beyond that required by applicable federal, state,
or local law;
(F)
Requirements to control slug discharge, including
notification, if determined by the director to be necessary;
(2)
Individual wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(A)
Limits on the average and/or maximum rate of discharge,
time of discharge, and/or requirements for flow regulation and equalization;
(B)
Requirements for the installation of pretreatment
technology, pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the introduction
of pollutants into the treatment works;
(C)
Requirements for the development and implementation
of spill control plans or other special conditions including management
practices necessary to adequately prevent accidental, unanticipated,
or nonroutine discharges;
(D)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(E)
The unit charge or schedule of user charges and
fees for the management of the wastewater discharged to the POTW;
(F)
Requirements for installation and maintenance of
inspection and sampling facilities and equipment, including flow measurement
devices;
(G)
A statement that compliance with the individual
wastewater discharge permit does not relieve the permittee of responsibility
for compliance with all applicable federal and state pretreatment
standards, including those which become effective during the term
of the individual wastewater discharge permit; and
(H)
Other conditions as deemed appropriate by the director
to ensure compliance with this article, and state and federal laws,
rules, and regulations.
(c)
Permit modification.
The director may modify an
individual wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of the individual wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a
threat to the city's POTW, city personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the individual wastewater
discharge permit;
(6)
Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in any required
reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the individual wastewater
discharge permit; or
(d)
Individual wastewater discharge permit transfer.
Individual wastewater discharge permits may be transferred to a new
owner or operator only if the permittee gives at least thirty (30)
days advance notice to the director and the director approves the
individual wastewater discharge permit transfer. The notice to the
director must include a written certification by the new owner or
operator which:
(1)
States that the new owner and/or operator has no immediate intent
to change the facility's operations and processes;
(2)
Identifies the specific date on which the transfer is to occur;
and
(3)
Acknowledges full responsibility for complying with the existing
individual wastewater discharge permit. Failure to provide advance
notice of a transfer renders the individual wastewater discharge permit
void as of the date of facility transfer.
(e)
Individual wastewater discharge permit revocation.
The director may revoke an individual wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(1)
Failure to notify the director of significant changes to the
wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the director of changed conditions pursuant to section 22.03.009(e) of this article;
(3)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports and certification statements;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the director timely access to the facility
premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this article. Individual
wastewater discharge permits shall be voidable upon cessation of operations
or transfer of business ownership. All individual wastewater discharge
permits issued to a user are void upon the issuance of a new individual
wastewater discharge permit to that user.
(f)
Individual wastewater discharge permit reissuance.
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 22.03.007(e) of this article, a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit.
(g)
Regulation of waste received from other jurisdictions.
(1)
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the director shall enter into
an inter-municipal agreement with the contributing municipality.
(2)
Prior to entering into an agreement required by subsection (1), above, the director shall request the following information from the contributing municipality:
(3)
An inter-municipal agreement, as required by subsection (1), above, shall contain the following conditions:
(A)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in section 22.03.005(d) of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance or local limits;
(B)
A requirement for the contributing municipality
to submit a revised user inventory on at least an annual basis;
(C)
A provision specifying which pretreatment implementation
activities, including individual wastewater discharge permit issuance,
inspection and sampling, and enforcement, will be conducted by the
contributing municipality; which of these activities will be conducted
by the director; and which of these activities will be conducted jointly
by the contributing municipality and the director;
(D)
A requirement for the contributing municipality
to provide the director with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(E)
Limits on the nature, quality, and volume of the
contributing municipality's wastewater at the point where it discharges
to the POTW;
(F)
Requirements for monitoring the contributing municipality's
discharge;
(G)
A provision ensuring the director access to the
facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the director; and
(H)
A provision specifying remedies available for breach
of the terms of the inter-municipal agreement.
(Ordinance 22-070 adopted 11/22/2022)
(a)
Baseline monitoring reports.
(1)
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in subsection (2), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in subsection (2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth
below.
(A)
All information required in section 22.03.007(e)(1)(A)(i), section 22.03.007(e)(1)(B), section 22.03.007(e)(1)(C)(i), and section 22.03.007(e)(1)(F). (Note: See 40 CFR 403.12(b)(1)–(7).)
(B)
Measurement of pollutants.
(i)
The user shall provide the information required
in section 22.03.007(e)(G)(i) through (v).
(ii)
The user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this subsection.
(iii)
Samples should be taken immediately downstream
from pretreatment facilities if such exist or immediately downstream
from the regulated process if no pretreatment exists. If other wastewaters
are mixed with the regulated wastewater prior to pretreatment the
user should measure the flows and concentrations necessary to allow
use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate
compliance with the pretreatment standards;
(iv)
Sampling and analysis shall be performed in accordance with section 22.03.009(k);
(v)
The director may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures;
(vi)
The baseline report shall indicate the time, date
and place of sampling and methods of analysis, and shall certify that
such sampling and analysis is representative of normal work cycles
and expected pollutant discharges to the POTW.
(C)
Compliance certification. A statement, reviewed by the user's authorized representative as defined in section 22.03.004 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(D)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection (b) of this section.
(b)
Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by subsection (a)(2)(D) of this section:
(1)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine (9) months;
(3)
The user shall submit a progress report to the director no later
than fourteen (14) days following each date in the schedule and the
final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay,
and, if appropriate, the steps being taken by the user to return to
the established schedule; and
(4)
In no event shall more than nine (9) months elapse between such
progress reports to the director.
(c)
Reports on compliance with categorical pretreatment standard
deadline.
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in section 22.03.007(e)(1)(F) and (G) and subsection (a)(2)(B) of this section. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection (n) of this section. All sampling will be done in conformance with subsection (k).
(d)
Periodic compliance reports.
(1)
All significant industrial users must, at a frequency determined
by the director submit no less than twice per year reports indicating
the nature, concentration of pollutants in the discharge which are
limited by pretreatment standards and the measured or estimated average
and maximum daily flows for the reporting period. In cases where the
pretreatment standard requires compliance with a best management practice
(BMP) or pollution prevention alternative, the user must submit documentation
required by the director or the pretreatment standard necessary to
determine the compliance status of the user.
(2)
All periodic compliance reports must be signed and certified in accordance with subsection (n) of this section.
(3)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(4)
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures prescribed in subsection (k) of this section, the results of this monitoring shall be included in the report.
(e)
Reports of changed conditions.
Each user must
notify the director of any significant changes to the user's operations
or system which might alter the nature, quality, or volume of its
wastewater at least thirty (30) days before the change.
(1)
The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 22.03.007(e) of this article.
(2)
The director may issue an individual wastewater discharge permit under section 22.03.008(g) of this article or modify an existing wastewater discharge permit under section 22.03.008(d) of this article in response to changed conditions or anticipated changed conditions.
(f)
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge, a slug discharge or slug load, that
might cause potential problems for the POTW, the user shall immediately
telephone and notify the director of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
(2)
Within five (5) days following such discharge, the user shall,
unless waived by the director, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which might be incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property; nor shall such
notification relieve the user of any fines, penalties, or other liability
which may be imposed pursuant to this article.
(3)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(4)
Significant industrial users are required to notify the director
immediately of any changes at its facility affecting the potential
for a slug discharge.
(g)
Reports from unpermitted users.
All users not
required to obtain an individual wastewater discharge permit shall
provide appropriate reports to the director as the director may require.
(h)
Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify the director within twenty-four (24) hours of becoming aware
of the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the director within
thirty (30) days after becoming aware of the violation. If the city
performed the sampling and analysis in lieu of the industrial user,
the city will perform the repeat sampling and analysis within thirty
(30) days unless it notifies the user of the violation and requires
the user to perform the repeat sampling and analysis. Repeat sampling
is not required if the city performs the sampling at the industrial
user at a frequency of at least once per month or the city performs
sampling at the industrial user between the time when the initial
sampling was conducted and the time when the industrial user or the
city receives the results of the sampling.
(i)
Analytical requirements.
All pollutant analyses,
including sampling techniques, to be submitted as part of a wastewater
discharge permit application or report shall be performed in accordance
with the techniques prescribed in 40 CFR part 136 and amendments thereto,
unless otherwise specified in an applicable categorical pretreatment
standard. If 40 CFR part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the EPA determines
that the part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analyses shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the director
or other parties approved by EPA.
(j)
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: An identification of the hazardous constituents contained in the wastes, an estimation of the concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the concentration of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of subsections (a), (c), and (d) of this section.
(2)
Dischargers are exempt from the requirements of subsection (1), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the user must notify
the director, the EPA Regional Waste Management Waste Division director,
and state hazardous waste authorities of the discharge of such substance
within ninety (90) days of the effective date of such regulations.
(4)
In the case of any notification made under this section, the
user shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
(k)
Sample collection.
Samples collected to satisfy
reporting requirements must be based on data obtained through appropriate
sampling and analysis performed during the period covered by the report,
based on data that is representative of conditions occurring during
the reporting period.
(1)
Except as indicated in subsection (2) and (3) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the city, the industrial user must demonstrate in writing that the samples are representative of the discharge before the city may allow the industrial user to submit such samples. The decision to allow the alternative sampling [or site specific circumstances] must be documented in the IU file for that facility. 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 only. Total residual chlorine, pH, and temperature samples cannot be composited under any circumstance. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2)
For sampling facilities that discharge less than 24 hours per
day, the sampling must be representative of the industrial user's
wastewater discharge. Sampling must be taken within a 24-hour period,
however, the sample should only be collected during that portion of
the 24-hour period that the IU is discharging from the regulated process
and/or pretreatment unit, as long as regulated process wastewater
is flowing through the pretreatment unit. During parts of the day
when there is no discharge of process wastewater, standing water should
not be disproportionately sampled and analyzed as it would not be
representative of the discharge.
(3)
Samples for oil and grease, temperature, pH, cyanide, total
phenols, sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
(4)
For sampling required in support of baseline monitoring and 90-day compliance reports required in subsections (a) and (c) (40 CFR 403.12(b) and (d)), as well as reports on continued compliance and noncategorical SIU reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for new industrial users, existing industrial users that make changes or install new treatment, or facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For the reports required by subsection (d) (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(l)
Date of receipt of reports.
Written reports will
be deemed to have been submitted on the date postmarked. For reports,
which are not mailed, postage prepaid, into a mail facility serviced
by the United States Postal Service, the date of receipt of the report
shall govern.
(m)
Recordkeeping.
Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under section 22.03.005(d)(3).
(1)
Records shall include the date, exact place, method, and time
of sampling, and the name of the person(s) taking the samples; the
dates analyses were performed; who performed the analyses; the analytical
techniques or methods used; the results of such analyses; and any
documentation associated with BMPs. These records shall remain available
for a period of at least three (3) years. This period shall be automatically
extended for the duration of any litigation concerning the user or
the city, or where the user has been specifically notified of a longer
retention period by the director.
(2)
Records maintained by the city will remain available for a period
of at least (3) years.
(n)
Certification statements; certification of permit applications,
user reports and initial monitoring waiver.
The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with section 22.03.005(a); users submitting baseline monitoring reports under subsection (a)(2)(E); users submitting reports on compliance with the categorical pretreatment standard deadlines under subsection (c); and users submitting periodic compliance reports required by subsection (d)(1)–(4). The following certification statement must be signed by an authorized representative as defined in section 22.03.004:
|
I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
|
(Ordinance 22-070 adopted 11/22/2022)
(a)
Right of entry: inspection and sampling.
The director
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this article
and any individual wastewater discharge permit or order issued hereunder.
Users shall allow the director ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
(1)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the director shall be
permitted to enter without delay for the purposes of performing specific
responsibilities.
(2)
The director shall have the right to set up on the user's property,
or require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
(3)
The director may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated annually to ensure their accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the director and shall
not be replaced. The costs of clearing such access shall be borne
by the user.
(5)
Unreasonable delays in allowing the director access to the user's
premises shall be a violation of this article. The location of the
monitoring facility 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 director'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 director to perform independent monitoring activities.
(b)
Search warrants.
If the director has been refused
access to a building, structure, or property, or any part thereof,
and is able to demonstrate probable cause to believe that there may
be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of the city designed to verify compliance with this article or any
permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, the director may seek
issuance of a search warrant from any court of competent jurisdiction.
(Ordinance 22-070 adopted 11/22/2022)
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, and monitoring programs, and from the director's inspection
and sampling activities, shall be available to the public without
restriction, unless the user specifically requests, and is able to
demonstrate to the satisfaction of the director, that the release
of such information would divulge information, processes, or methods
of production entitled to protection as trade secrets under applicable
state law. Any such request must be asserted at the time of submission
of the information or data. When requested and demonstrated by the
user furnishing a report that such information should be held confidential,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public,
but shall be made available immediately upon request to governmental
agencies for uses related to the NPDES program or pretreatment program,
and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other effluent
data, as defined at 40 CFR 2.302 shall not be recognized as confidential
information and shall be available to the public without restriction.
(Ordinance 22-070 adopted 11/22/2022)
The director shall publish annually, in a newspaper of general
circulation that provides meaningful public notice within the jurisdictions
served by the director, a list of the users which, at any time during
the previous twelve (12) months, were in significant noncompliance
with applicable pretreatment standards and requirements. The term
significant noncompliance shall be applicable to all significant industrial
users (or any other industrial user that violates subsections (3),
(4) or (8) of this section) and shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in section 22.03.005;
(2)
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by section 22.03.005 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement as defined by section 22.03.005 (daily maximum, long-term average, instantaneous limit, or 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;
(4)
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the director's
exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within ninety (90) days of the scheduled date,
a compliance schedule milestone contained in an individual wastewater
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6)
Failure to provide within forty-five (45) days after the due
date, any required reports, including baseline monitoring reports,
reports on compliance with categorical pretreatment standard deadlines,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation(s), which may include a violation of best
management practices, instantaneous limits, narrative standards, including
operational standards and narrative limits, or other numeric limits
which the director determines will adversely affect the operation
or implementation of the local pretreatment program.
(Ordinance 22-070 adopted 11/22/2022)
(a)
Notification of violation.
When the director finds
that a user has violated, or continues to violate, any provision of
this article, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement,
the director may serve upon that user a written notice of violation.
Within 5 days of the receipt of such notice, an explanation of the
violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
by the user to the director. Submission of such a plan in no way relieves
the user of liability for any violations occurring before or after
receipt of the notice of violation. Nothing in this section shall
limit the authority of the director to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
(b)
Consent orders.
The director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 22.03.013(d) and (e) of this article and shall be judicially enforceable.
(c)
Show cause hearing.
The director may order a user which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 22.03.004 and required by section 22.03.007(g). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(d)
Compliance orders.
When the director finds that
a user has violated, or continues to violate, any provision of this
article, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the
director may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time.
If the user does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities,
devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
(e)
Cease and desist orders.
When the director finds
that a user has violated, or continues to violate, any provision of
this article, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement,
or that the user's past violations are likely to recur, the director
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
(1)
Immediately comply with all requirements; and
(2)
Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(f)
Administrative fines.
(1)
When the director finds that a user has violated, or continues
to violate, any provision of this article, an individual wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the director may fine such user in an amount
of one thousand dollars ($1,000.00). Such fines shall be assessed
on a per-violation, per-day basis. In the case of monthly or other
long-term average discharge limits, fines shall be assessed for each
day during the period of violation.
(2)
Users desiring to dispute such fines must file a written request
for the director to reconsider the fine along with full payment of
the fine amount within ten (10) days of being notified of the fine.
Where a request has merit, the director may convene a hearing on the
matter. In the event the user's appeal is successful, the payment
shall be returned to the user.
(3)
Issuance of an administrative fine shall not be a bar against,
or a prerequisite for, taking any other action against the user.
(g)
Emergency suspensions.
The director may immediately
suspend a user's discharge, after informal notice to the user, whenever
such suspension is necessary to stop an actual or threatened discharge,
which reasonably appears to present, or cause an imminent or substantial
endangerment to the health or welfare of persons. The director may
also immediately suspend a user's discharge, after notice and opportunity
to respond, that threatens to interfere with the operation of the
POTW, or which presents, or may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in subsection (h) of this section are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing under subsections (c) or (h) of this section. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(h)
Termination of discharge.
In addition to the provisions in section 22.03.008(e) of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of individual wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
(5)
Violation of the pretreatment standards in section 22.03.005 of this article. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (c) of this section why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ordinance 22-070 adopted 11/22/2022)
(a)
Injunctive relief.
When the director finds that
a user has violated, or continues to violate, any provision of this
article, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the
director may petition any court of competent jurisdiction through
the city's attorney for the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance
of the individual wastewater discharge permit, order, or other requirement
imposed by this article on activities of the user. The director may
also seek such other action as is appropriate for legal and/or equitable
relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
(b)
Civil penalties.
(1)
A user who has violated, or continues to violate, any provision
of this article, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement
shall be liable to the city for a maximum civil penalty not to exceed
two thousand dollars ($2,000.00) per violation, per day. In the case
of a monthly or other long-term average discharge limit, penalties
shall accrue for each day during the period of the violation.
(2)
The director may recover reasonable attorneys' fees, court costs,
and other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual damages
incurred by the city.
(3)
In determining the amount of civil liability, the court shall
take into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against,
or a prerequisite for, taking any other action against a user.
(c)
Criminal prosecution.
A user who willfully or
negligently violates any provision of this article, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall, upon conviction, be guilty
of a misdemeanor, punishable by a fine, imprisonment, or both.
(d)
Remedies nonexclusive.
The remedies provided for
in this article are not exclusive. The director may take any, all,
or any combination of these actions against a noncompliant user. Enforcement
of pretreatment violations will generally be in accordance with the
city's enforcement response plan. However, the director may take other
action against any user when the circumstances warrant. Further, the
director is empowered to take more than one enforcement action against
any noncompliant user.
(Ordinance 22-070 adopted 11/22/2022)
(a)
Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 22.03.005(a)(1) of this article or the specific prohibitions in section 22.03.005(a)(2)(C) through (G) and (I) through (P) of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1)
A local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to, and during, the
pass through or interference; or
(2)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
city was regularly in compliance with its NPDES permit, and in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
(b)
Bypass.
(1)
For the purposes of this section:
(A)
Bypass means the intentional diversion of wastestreams
from any portion of a user's treatment facility.
(B)
Severe property damage means substantial physical
damage to property, damage to the treatment facilities which causes
them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence
of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
(3)
Bypass notifications:
(A)
If a user knows in advance of the need for a bypass,
it shall submit prior notice to the director, at least ten (10) days
before the date of the bypass, if possible.
(B)
A user shall submit oral notice to the director
of an unanticipated bypass that exceeds applicable pretreatment standards
within twenty-four (24) hours from the time it becomes aware of the
bypass. A written submission shall also be provided within five (5)
days of the time the user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and,
if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the bypass. The director may waive the written
report on a case-by-case basis if the oral report has been received
within twenty-four (24) hours.
(4)
Bypass:
(A)
Bypass is prohibited, and the director may take
an enforcement action against a user for a bypass, unless:
(i)
Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
(ii)
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate back-up equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(5)
Act of God: An event that would otherwise be a violation of
this article or permit issued under the ordinance which was caused
solely be an Act of God, war, strike, riot, or other catastrophe,
and was unpreventable, then the event is not a violation of this article.
(Ordinance 22-070 adopted 11/22/2022)
(a)
For each industrial wastewater discharge permit or nonhazardous
waste hauler permit issued pursuant to this article, each user shall
pay a fee as established by the city manager for the duration of the
permit. Permits may remain in full force for a period of five (5)
years from the date of issuance, unless sooner revoked, and shall
be nontransferable.
(b)
Each significant user for which the city has reporting requirements
under EPA National Categorical Pretreatment Standards or its TPDES
permit shall compensate the city for the cost of sampling and laboratory
services required for monitoring discharges. The director shall determine
the number of samples and the frequency of sampling necessary to comply
with the reporting requirements.
(c)
Any industrial user placed on a compliance schedule will pay
for associated sampling and analytical services to monitor return
to compliance.
(d)
Users discharging industrial wastewater which exhibit none of the characteristics of waste prohibited herein other than excessive oxygen demand and suspended solids, but having a concentration in excess of normal wastewater discharge as defined on section 22.03.005(d), may be accepted for treatment if the user agrees to a surcharge over and above the regular sewer rates as established by the city. The method for computing the surcharge shall be based on the following formula:
|
Oxygen demand surcharge (BOD or COD)
|
|
Co = [Bc(AB)] Vu or Co = [Cc(AC)] Vu
|
|
Total suspended solids surcharge (TSS)
|
|
Cs = [Sc(AS)] Vu
|
|
Total surcharge
|
|
Ct = Co + Cs
|
|
Where:
|
|
Co = Surcharge for excessive BOD or COD, whichever
is higher.
|
|
Cs = Surcharge for excessive total suspended solids.
|
|
Ct = Total surcharge.
|
|
Bc = BOD cost per milligram per liter per million
gallons.
|
|
Cc = COD cost per milligram per liter per million
gallons.
|
|
Sc = Total suspended solids cost per milligram per
liter per million gallons
|
|
AB = User BOD - Normal BOD = (BOD - 250).
|
|
AC = User COD - Normal COD = (COD - 550).
|
|
AS = User TSS - Normal TSS = (TSS - 300).
|
|
Vu = Volume from user per month in million gallons
(MG).
|
(1)
Surcharges for BOD, COD, and TSS shall be as established under section 22.02.005(a), water and sewer regulations generally.
(2)
The combined totals of the oxygen demand and suspended solids
surcharges shall equal the total surcharge to be billed. The basis
for determining the surcharges shall be reviewed as deemed necessary
by the director and shall be adjusted to reflect any change in wastewater
treatment cost.
(3)
Determination of the average concentration of strength of the
user's waste shall be made by the city based on tests conducted on
representative samples collected by the city at least once each year.
However, the user may request in writing that parallel sampling and
tests at all times be made by the user and the city, in which case
the surcharge may be made, assuming city approval of the user's test
methods, using the average of comparable values obtained by the user
and the city.
(Ordinance 22-070 adopted 11/22/2022)
