When used in this subdivision, these terms shall be defined
as follows:
Any industrial waste discharged into the authority's sanitary
sewer which, when analyzed, shows by weight a total suspended solids
(TSS) concentration greater than 240 mg/L or a biochemical oxygen
demand (BOD) concentration greater than 210 mg/L. In addition, the
authority may judge independently a waste's suitability for discharge
to the POTW that requires additional treatment, based upon BOD, TSS
or other characteristics, as abnormal. Any waste in this classification
must be made acceptable for discharge into the POTW as defined in
this subdivision.
The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
Director of the Texas Commission on Environmental Quality
("TCEQ").
The City of Richland Hills, Texas.
Authorized representatives (Authorized Signatories) for wastewater discharge permit applications and for reports submitted under section 86-90, of this article are:
A responsible corporate officer, if the discharger submitting
the application or report is a corporation. This includes the president,
vice-president, secretary or treasurer of the corporation in charge
of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation.
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit or any control mechanism requirements;
and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
For a partnership or sole proprietorship, a general partner
of the proprietor, respectively.
The principal executive officer or director having responsibility
for the overall operation of the facility if the discharger is a federal,
state or local governmental entity, or their agents.
A duly authorized representative of the individual described
in paragraphs (1) through (4) above if:
The authorization is made in writing by the individual described
above in paragraphs (1) through (4); and
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the discharge originates (such as a plant manager), or a position
of equivalent responsibility, or having overall responsibility for
environmental matters for the company;
The written authorization is submitted to the city. If an authorization
is no longer accurate because a different individual or position has
responsibility, a new authorization must be submitted to the city
prior to or together with any reports signed by an authorized representative.
means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 86-88 [40 CFR 403.5(a)(1) and (b)] and to prevent or reduce pollution. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20 degrees Centigrade, expressed as parts per million by weight
or in terms of milligrams per liter.
The intentional diversion of waste streams or wastewater
from any portion of a discharger's wastewater treatment equipment
or pretreatment facility.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Limitations on pollutant discharges to POTW's promulgated
by EPA in accordance with section 307 of the Clean Water Act, that
apply to specified process wastewaters of particular industrial categories
[40 CFR 403.6 and Parts 405-471].
Code of Federal Regulations.
The City of Richland Hills, Texas.
A measure of the oxygen consuming capacity of inorganic matter
present in the water or wastewater expressed in mg/L as determined
by the amount of oxidant consumed from a chemical reflux. Such term
does not, however, differentiate between stable and unstable organic
matter, and therefore does not necessarily correlate with biochemical
oxygen demand.
A procedure found in 40 CFR 403.6(e) for calculating fixed
alternative discharge limits at industrial facilities applicable when
regulated process wastewater, subject to a categorical pretreatment
standard, is mixed with nonregulated wastewaters prior to sampling.
A mixture of grab samples collected at the same sample point
at different times and composed of not less than four samples. The
series of samples may be collected on a time or flow proportional
basis.
Time proportional composite sample.
A sampling method which combines discrete samples of constant
volume collected at constant time intervals (e.g., 200 milliliter
samples collected every half hour for a 24-hour period).
Flow proportional composite sample.
A sampling method which combines discrete samples collected
over time, based on the flow of the waste stream being sampled. There
are two methods used to collect this type of sample. One method collects
a constant sample volume at time intervals which vary based on the
stream flow (e.g., 200 milliliters of sample collected for every 5,000
gallons discharged). The other method collects samples of varying
volume, based on stream flow, at constant time intervals. Flow proportional
composite will be used only in locations that have the capability
to measure flow during the sampling period.
means containing a harmful quantity of any substance.
The City of Fort Worth, Texas as holder of the respective
Texas Pollutant Discharge Elimination System (TPDES) permit.
The water discharged from any system of condensation such
as air conditioning, cooling, refrigeration or water used as a coolant
in cooling towers where the only pollutant is thermal.
The director of public works of the city, or his/her authorized
representative.
Any user discharging an effluent into a POTW by means of
pipes, conduits, pumping stations, force mains, constructed drainage
ditches, surface water intercepting ditches, intercepting ditches,
and all constructed devices and appliances appurtenant thereto. The
term includes owners and occupants of such premises.
Environmental Protection Agency of the federal government.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Solid waste from domestic or commercial preparation, cooking
or dispensing of food or from the handling, storage, and sale of produce.
Gallons per day.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow of the waste stream and without consideration
of time. The sample is collected over a period of time not exceeding
15 minutes.
The introduction of pollutants into a POTW from any nondomestic
source regulated under sections 307(b), (c) or (d) of the Act.
A source of indirect discharge.
Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process or from the development,
recovery or processing of natural resources.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW's TPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA), and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA, the Clean Air Act, the Toxic Substances Control Act,
and the Marine Protection, Research and Sanctuaries Act.
Is permissive.
The maximum concentration of a substance allowed in a discharge
as determined from a laboratory test of a daily composite sample.
The daily composite sample is the concentration of discharge of a
pollutant measured during a calendar day or any 24-hour period that
reasonably represents the calendar day for purposes of sampling.
The maximum concentration of a substance allowed in a discharge
as determined from a laboratory test of a grab sample.
Milligram per liter.
Means the highest allowable average of "daily discharges"
over a calendar month, calculated as the sum of all "daily discharges"
measured during a calendar month divided by the number of "daily discharges"
measured during that month.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of paragraphs (2) or (3), above but otherwise
alters, replaces, or adds to existing process or production equipment.
Construction of a new source under this definition 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 definition.
Water used for cooling which does not come into direct contact
with raw materials, intermediate product, waste product, or finished
product.
Means an industrial user that is subject to categorical pretreatment
standards may, at the discretion of the director, be permitted as
a nonsignificant categorical industrial user (NSCIU) based on a finding
that the industrial user never discharges categorical wastewater and
the following conditions are met:
The industrial user, prior to city's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in subsection 86-90(c)(9) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any categorical process
wastewater into the sanitary sewer.
A system used by the federal government for collecting and
organizing industry-related statistics. The NAICS codes are updated
every five years to stay current with industry developments.
Operation and maintenance.
Decayed wood, sawdust, shavings, bark, lime, refuse, ashes,
garbage, offal, oil, tar, and all other substances except sewage and
industrial wastes.
The person, firm, or public or private corporation, using
the lot, parcel of land, building or premises connected to and discharging
sewage, industrial wastewater or liquid, into the sanitary sewage
system of the city, and who pays, or is legally responsible for the
payment of, water rates or charges made against the said lot, parcel
of land, building or premises, if connected to the water distribution
system of the city, or who would pay or be legally responsible for
such payment if so connected.
The discharge of pollutants through the POTW into waters
of the United States in quantities or concentrations which are a cause
of or significantly contribute to a violation of any requirement of
the POTW's TPDES permit.
Wastewater discharge permit, issued to nondomestic dischargers
of industrial waste into the sanitary sewerage system of the POTW.
Any individual, business entity, partnership, corporation,
governmental agency, political subdivision, or any agent or employee
thereof.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, in grams per liter of solution; a measure of the
acidity or alkalinity of a solution, expressed in standard units.
Dredged spoil, solid, waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
Any sewage treatment plant owned and operated by an entity
(i.e., the control authority) other than a private industry and the
sewers, pipes and conveyances owned in whole or part by the control
authority that convey wastewater to the sewage treatment plant. This
definition includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial waste
of a liquid nature.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the sanitary sewer.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
The term "pretreatment standard," or "standard" means prohibited
discharge limits established pursuant to 40 CFR Part 403.5, categorical
pretreatment standards, and local limits, including best management
practices.
Means it is the water that comes into direct contact with
or results from the production or use of any raw material, intermediate
product, finished product, byproduct, waste product or wastewater.
Public works utility superintendent of the city, or his authorized
representative.
A publicly owned pipe or conduit designed to collect and
transport industrial waste and domestic sewage to the POTW.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can be reasonably expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
Water-carried human wastes or a combination of water-carried
wastes from residences, business buildings, institutions and industrial
establishments, together with such ground, surface, storm or other
waters as may be present.
Is mandatory.
An increase or decrease in the volume of wastewater discharged
by more than 20 percent from the data submitted in the permit application,
or the deletion or addition of any pollutant regulated by the authority
or by a categorical standard. Volumes are those measured by the water
service meter, a verifiable estimate, or a permanently installed effluent
flow meter approved by the authority.
All industrial users subject to categorical pretreatment
standards and any other industrial user that:
Discharges an average of 25,000 gallons per day or more of process
wastewater to a POTW (excluding sanitary, noncontact cooling or boiler
blow-down wastewater);
Contributes a process waste stream which makes up five percent
or more of the average dry weather hydraulic or organic capacity of
a POTW; or
Is designated as such by the authority on the basis that the
industrial user has a reasonable potential for adversely affecting
a POTW's operation or for violating any pretreatment standard or requirement.
Upon a finding that a noncategorical industrial user meeting
the criteria for a significant industrial user has no reasonable potential
for adversely affecting a POTW's operation or for violating any pretreatment
standard or requirement, the authority may at any time on its own
initiative or in response to a petition received from a noncategorical
industrial user, and in accordance with 40 CRF 403.8(f)(6), determine
such user is not a significant industrial user.
Exception—An industrial user that is subject to categorical
pretreatment standards may, at the discretion of the director, be
permitted as a nonsignificant categorical industrial user (NSCIU)
based on a finding that the industrial user never discharges categorical
wastewater (excluding sanitary, noncontact cooling and boiler blow-down
wastewater, unless specifically included in the pretreatment standard)
and the following conditions are met:
The industrial user, prior to city's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in subsection 86-90(c)(9) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any categorical process
wastewater into the sanitary sewer.
Any discharge of a nonroutine, episodic nature, including
but is not limited to, an accidental spill or a noncustomary batch
discharge, which has a reasonable potential to cause interference
or pass through, or in any other way violate the CA's regulations,
local limits, or permit conditions.
Means they are the codes which best describes the activities
conducted at the facility or establishment. SIC codes are four digit
numbers used by the bureau of census as part of a system to categorize
and track the types of business activities conducted in the United
States. The first two digits of the code represent the major industry
group and the second two digits represent the specific subset of that
group.
"Standard Methods for the Examination of Water and Wastewater",
a publication prepared and published jointly by the American Public
Health Association, American Waterworks Association and the Water
Pollution Control Federation, as it may be amended from time to time.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation including snowmelt.
Permit issued by the Texas Commission on Environmental Quality
under authority delegated pursuant to 33 USC 1342(b) that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group or general area-wide
basis.
Solids that either float on the surface of, or in suspension
in, water, sewage or other liquid and which are removable by laboratory
filtering.
The sum of masses or concentration of the toxic organic compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in industrial users' discharges at a concentration greater than 0.01 mg/L. Only those parameters reasonably suspected to be present, to be determined by the city, if any, shall be analyzed for with noncategorical industries. With categorical industries, the list of TTOs is specific for every applicable federal category. TTO's will be sampled for as stipulated in the particular category or those parameters reasonably suspected to be present, to be determined by the city, where not stipulated.
Any water or liquid waste containing none of the following:
Phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gases; more than 10,000
parts per million, by weight, of dissolved solids, of which not more
than 2,500 parts per million are chloride; not more than ten parts
per million each of TSS and B.O.D.; color not exceeding 50 color units;
nor pH value of less than 5.5 nor higher than 11.0, and any water
or waste approved for discharge into a stream or waterway by the appropriate
state authority.
An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards established in this article, due to factors beyond the reasonable control of the discharger and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. Any affirmative defenses to upset only apply to federal court actions as per subsection 86-91(g) of this article.
United States Code.
Means a person who is a source of an indirect discharge.
Liquid and water-carried industrial waste and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
[Ord. No. 1225-12, § 1(exh.
A), 12-13-2011]
(a)
This
subdivision provides for prohibitions on discharges of certain substances
into the public sewer system of the city from all sources, domestic,
commercial, or industrial. A further purpose of this subdivision is
to set forth uniform requirements for industrial dischargers into
the authority's wastewater collection and treatment systems, and to
enable the authority to protect the general public's health and POTW
personnel in conformance with all applicable state and federal laws
relating thereto, including the Clean Water Act. Parts of this subdivision
are enacted pursuant to regulations established by the U.S. Environmental
Protection Agency (EPA) as set forth in 40 CFR Part 403 and all applicable
state and federal laws, including the Clean Water Act (33 United States
Code 1251 et seq.) and as set forth in 40 CFR Part 403.
(b)
All
categorical pretreatment standards, lists of toxic pollutants, recordkeeping
requirements, industrial categories and other standards and categories
which have been or which will be promulgated by the EPA shall be incorporated
as a part of this subdivision, as will EPA regulations regarding sewage
pretreatment established pursuant to the Act, and amendment of this
subdivision to incorporate such changes shall not be necessary. The
authority shall maintain current standards and regulations which shall
be available for inspection and copying.
(c)
The
objectives of this subdivision are:
(1)
To
prevent the introduction of pollutants into the authority wastewater
system which will interfere with the normal operation of the system,
including interference with the use or disposal of sludge, or contaminate
the resulting sludge;
(2)
To
prevent the introduction of pollutants into the authority wastewater
system which do not receive adequate treatment in the POTW, and which
will pass through the system into receiving waters or the atmosphere
or which are otherwise incompatible with the system;
(3)
To
improve the opportunity to recycle or reclaim municipal and industrial
wastewaters and sludges;
(4)
To
provide for the fees for the equitable distribution of the cost of
operation, maintenance and improvement of the POTW;
(5)
To
enable the authority to comply with the control authority's TPDES
permit conditions, sludge and disposal requirements, and any other
federal and state laws to which the POTW is subject; and
(6)
To
protect the health and safety of both POTW personnel and the general
public.
(d)
The regulation of discharges into the authority's wastewater system under this subdivision shall be accomplished through the issuance of permits, as specified in section 86-90, and by monitoring and inspection of facilities, according to this subdivision.
(e)
The
director of public works and the director's authorized representatives
are authorized to administer, implement, and enforce the provisions
of this division. Additionally, the director and the director's authorized
representatives are authorized to make inspections pursuant to this
division and to take enforcement action against violators.
(f)
The
director shall have the authority to promulgate such administrative
regulations which are consistent with this article and as are from
time to time necessary for the enforcement of this subdivision.
(g)
For
the purpose of promoting consistency of enforcement throughout the
city's jurisdiction and service area, the director shall promulgate
an enforcement response plan.
[Ord. No. 1225-12, § 1(exh.
A), 12-13-2011]
(a)
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 regardless of whether they are subject to categorical
pretreatment standards or any other national, state or local pretreatment
standards or requirements.
(b)
Discharges
to storm drains and watercourses.
(1)
It
shall be unlawful for any person to discharge or cause to be discharged
any wastewater into any storm drain or watercourse within the city,
except for those persons with approved permits for such discharges.
(2)
Prohibited
discharges. No person shall discharge or cause to be discharged any
stormwater, groundwater, roof runoff, subsurface drainage or drainage
from downspouts, yard drains, yard fountains and ponds, or lawn sprays
into any sanitary sewer. Water from swimming pools, unpolluted industrial
water or cooling water from various equipment shall not be discharged
into sanitary sewers if an alternate acceptable means of disposal
is available. If an alternate acceptable means of disposal is not
available, such water may be discharged into the sanitary sewer, provided
the water meets the discharge prohibitions and limitations of this
subdivision.
(c)
Prohibited
sewer connections, including trucked or hauled wastewater.
It shall be unlawful for any person to deposit or discharge into
the sanitary sewer any wastewater or solid, including trucked or hauled
wastes, unless such deposit or discharge, at a designated discharge
point, has been approved by the authority.
(d)
Specific
prohibited wastewater constituents.
No person shall contribute
or cause to be discharged directly or indirectly into any public sanitary
sewer any of the following described substances, materials, water
or waste:
(1)
Any
liquid or vapor having a temperature higher than 150 degrees Fahrenheit
(65 degrees Celsius);
(2)
Any
water or waste which contains wax, grease, oil, plastic or other substance
that will solidify or become discernibly viscous at temperatures between
32 degrees to 150 degrees Fahrenheit, thereby contributing to the
clogging, plugging or otherwise restricting the flow of wastewater
through the collection system;
(3)
Pollutants
which create a fire or explosion hazard in the sewer system or POTW,
including but not limited to, wastestreams with a closed cup flashpoint
of less than 140 degrees Fahrenheit or 60 degrees Celsius using the
test methods specified in 40 CFR 261.21. This includes flammable or
explosive liquids, solids or gases such as gasoline, kerosene, benzene,
naphtha, etc., which by reason of their chemical properties or quantity
may be sufficient, either alone or by interaction, to cause fire or
explosion;
(4)
Solid
or viscous substances in quantities capable of causing obstruction
in the flow in sewers or other interference with proper operation
of the POTW, such as, but not limited to, ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
whole blood, paunch manure, hair and fleshings, entrails, lime slurry,
lime residues, slops, chemical residues, paint residues or bulk solids;
(5)
Any
garbage that has not been properly comminuted or shredded to such
a degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no particle
greater than one-half-inch in any dimension;
(6)
Any
noxious or malodorous substances which can form a gas which, either
singly or by interaction with other wastes, is capable of causing
objectionable odors or hazards to life or form solids in concentrations
exceeding limits established in this subdivision, or creates any other
condition deleterious to structures or treatment processes, or requires
unusual provision, attention or expense to handle such material;
(7)
Any
noxious or malodorous liquids, gases, or solids which either singly
or by interaction are capable of creating a public nuisance or hazard
to life or which may prevent entry into the sewers for their maintenance
and repair;
(8)
Any
substance which may cause the POTW's effluent or treatment residues,
sludges, or scums, to be unsuitable for reclamation and reuse or to
interfere with the reclamation process as determined pursuant to criteria
in this section. In no case shall a substance discharged to the POTW
cause the POTW to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under section 405 of
the Act or any criteria, guidelines or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act,
the Resource Conservation and Recovery Act, the Clean Air Act, the
Toxic Substances Control Act or state standards applicable to the
sludge management method being used;
(9)
Any
substance which will cause the POTW to violate its TPDES, other disposal
system permits or the receiving stream water quality standards;
(10)
Any substance with objectionable color not removed in the treatment
process such as, but not limited to, dye wastes and vegetable tanning
solutions;
(11)
Any slug load;
(12)
Any wastewater which causes a hazard to human life or creates a public
nuisance;
(13)
Any dump or slug load of waste containing concentrated organic solvents
or mixtures of solvents which are defined as hazardous by the Federal
Resource Conservation and Recovery Act;
(14)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause obstruction of flow in the sewer
line, or interference or pass through;
(15)
Oil and grease:
a.
Petroleum oil, nonbiodegradable cutting oil, or nonpolar products
of mineral oil origin in concentrations greater than 200 mg/L.
b.
Visible free floatable polar oils, fats, or grease in wastewater
or a concentration greater than 250 mg/L discharged from industrial
or commercial facilities into the POTW.
c.
In no case shall discharges in amounts that cause interference or
operational problems with the POTW be allowed.
(16)
BTEX concentration greater than 1.0 mg/L;
(17)
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;
(18)
Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(19)
Medical wastes, except as specifically authorized by the director
in a wastewater discharge permit;
(20)
Detergents, surface-active agents, or other substances which may
cause excessive foaming in the POTW;
(21)
Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of ten
parts per million;
(22)
Radioactive wastes or isotopes with a half-life or concentration
exceeding limits established by the authority in compliance with applicable
state or federal regulations;
(23)
Toxic pollutants in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals or to pass through
the treatment plant and impair aquatic life in receiving water, as
expressed by the results of acute or chronic toxicity tests of the
POTW effluent;
(24)
A temperature which inhibits or interferes with biological activity
in the POTW treatment plant. In no case shall wastewater be introduced
which would have a temperature exceeding 40 degrees Celsius (104 degrees
Fahrenheit) upon entering the POTW treatment plant;
(25)
Pollutants in excess of the limitations established in an applicable
categorical pretreatment standard set forth in 40 CFR;
(26)
Wastewaters which emanate vapors causing the atmosphere in the sewer
system to exceed 20 percent of the lower explosive limit in the immediate
area of the discharge;
(27)
Trucked or hauled industrial waste, except as approved in writing
by the director.
(e)
Wastewater
limitations.
No person shall contribute or cause to be
discharged, directly or indirectly, into any sanitary sewer any wastewaters
containing or having:
(1)
Acids
or alkalis capable of causing damage to sewage disposal structures
or personnel or having a pH value lower than 5.0 or higher than 12.0.
(2)
Metals
in the form of compounds or elements with total concentrations exceeding
the following:
|
Pollutant
|
Maximum Allowable Discharge Limit
(mg/L)
|
|---|---|
|
Arsenic
|
0.25
|
|
Cadmium
|
0.15
|
|
Chromium
|
5.0
|
|
Copper
|
4.0
|
|
Lead
|
2.9
|
|
Mercury
|
0.01
|
|
Nickel
|
2.0
|
|
Silver
|
1.0
|
|
Zinc
|
5.0
|
(3)
Cyanide
or cyanogen compounds (expressed as total CN-) in excess of 1.0 mg/L.
(4)
The director may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits to help implement local limits and other pretreatment standards and the requirements of section 86-88.
(5)
A
person commits an offense if with criminal negligence the person processes
or stores pollutants, substances, or wastewater prohibited by this
section in such a manner that they could be discharged to the POTW.
(f)
Accidental
discharge/slug control plan.
The director shall evaluate
whether each SIU needs an accidental discharge/slug discharge control
plan or other action to control slug discharges at the time of SIU
determination or at least by the first year. All the activities associated
with slug control evaluation and results are to be kept in the industrial
user file. 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 86-89 of this article; and
(4)
Procedures
as needed to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance
of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response.
[Ord. No. 1225-12, § 1(exh.
A), 12-13-2011]
(a)
Compliance
with standards.
(1)
Applicable laws.
All dischargers shall be subject to
those federal, state, and local requirements and limitations which
are the most stringent.
(2)
Dilution.
No discharger shall increase the use of potable
or process water in any way for the purpose of diluting a discharge
as a partial or complete substitute for adequate treatment to achieve
compliance with the standards set forth in this subdivision.
(3)
Mass limitations.
Where deemed appropriate the authority
may apply mass limitation expressed in pounds per day of pollutant
discharged.
(4)
Categorical pretreatment standards.
a.
Where
a categorical pretreatment standard is expressed only in terms of
either the mass or the concentration of a pollutant in wastewater,
the authority may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
b.
When
wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, director shall
impose an alternate limit using the combined waste stream formula
in 40 CFR 403.6(e).
c.
A
user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
d.
A
user may obtain a net gross adjustment to a categorical standard in
accordance with 40 CFR 403.25.
(b)
Accidental
discharge.
(1)
Each
discharger shall provide protection from accidental discharge of prohibited
or regulated materials or substances established by this subdivision.
Where necessary, facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the discharger's cost
and expense. When applicable, detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the authority for review, and shall be approved by the authority
before construction of the facility. Review and approval of such plans
and operating procedures by the authority shall not relieve the discharger
from the responsibility to modify its facility as necessary to meet
the requirements of this subdivision.
(2)
Dischargers
shall notify the authority immediately upon the occurrence of a "slug"
or accidental discharge of substances prohibited by this subdivision.
The notification shall include location of discharge, date and time
thereof, type of waste, concentration and volume, corrective actions
taken, and be signed by the dischargers authorized representative.
Within five days following such discharge, the user shall, unless
waived by the director, submit to the director a detailed written
report which specifies: A description and cause of the discharge,
including location of the discharge, type, concentration, and volume
of water; duration of noncompliance including exact dates and times
of noncompliance and, if the noncompliance is continuing, an immediate
response to cause the noncompliant discharge to cease; and all steps
taken or to be taken to reduce, eliminate, and prevent continuation
or recurrence of such an upset, slug load, or accidental discharge,
spill, or other conditions of noncompliance. Any discharger discharging
slugs of prohibited materials shall be liable for any expense, loss
or damage to the wastewater system and the POTW, in addition to the
amount of any fines imposed on the authority under state or federal
law.
(3)
A
notice shall be permanently posted on the user's bulletin board or
other prominent place advising employees of whom to call in the event
of a discharge described in subsection. Each employer shall instruct
all applicable employees, who may cause or discover such a discharge,
with respect to emergency notification procedure including the proper
telephone number of the authority to be notified.
(c)
Wastewater
discharges into private sewer systems.
All dischargers who discharge wastewater into a private sewer system shall comply with this subdivision including section 86-90; provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the authority's personnel to enter onto the owner's property for purposes of inspection and monitoring of discharger's premises, and for enforcement pursuant to the term of this subdivision.
(d)
Prohibition
of bypass.
(1)
Bypass
of a discharger's treatment equipment or treatment facility is prohibited
and the authority may take enforcement action against the discharger
unless:
a.
The
bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage; and
b.
There
were no feasible alternatives to the bypass, such as use of auxiliary
treatment facilities, retention of untreated wastewater, or maintenance
during normal periods of downtime. This condition is not satisfied
if, in the exercise of reasonable engineering judgment, adequate back-up
equipment should have been installed to prevent a bypass which occurred
during normal periods of equipment downtime or maintenance; and
c.
The
discharger submitted advanced, written notice of the need for a bypass.
(2)
The
discharger shall submit oral notice to the authority of an unanticipated
bypass that exceeds categorical standards or other discharge limits
within 24 hours of the time the discharger becomes aware of the bypass.
Written notice shall be provided within five days of the time the
discharger becomes aware of the bypass. The written notice shall include
a description of the bypass and its causes, duration of the bypass,
steps taken to prevent the reoccurrence of the bypass, and must be
signed by the authorized representative of the discharger.
(e)
Notification
of hazardous waste discharges.
All dischargers shall
notify the authority, the control authority, the EPA's Regional Waste
Management Division Director, and the approval authority in writing
of any discharge into a wastewater system or POTW of any substance,
which, if otherwise disposed of, would be a hazardous waste under
40 CFR Part 261. Any notification under this subsection must be submitted
in conformance with 40 CFR Part 403.12(p).
[Ord. No. 1225-12, § 1(exh.
A), 12-13-2011]
(a)
Classification
of dischargers and permits.
(1)
All
nondomestic users which discharge into the sanitary sewer system of
the authority shall be grouped according to the following definitions:
b.
Group II.
Commercial facilities and non-significant
industrial users (NSIU) are those commercial facilities and industrial
users which are not included in group I and which do not discharge
a significant amount of regulated pollutants on a regular basis. Examples
include automotive service shops, small food processors and photographic
developing shops.
c.
Group III.
Classed high strength users are restaurants,
car washes or other businesses which can be classed according to an
average strength or abnormal strength of their wastewater.
d.
Group IV.
Wastewater haulers are transporters of wastewater
desiring to discharge into the authority's sanitary sewage system.
e.
Group V—Groundwater remediation dischargers.
Dischargers
who are retrieving contaminated underground water, pretreating such
water, and then discharging into the POTW.
f.
Group VI—Nonsignificant categorical industrial user industrial
user (NSCIU).
Facility that never discharges categorical
wastewater even though categorical process(es) are located on-site.
(2)
All
significant industrial users shall submit a wastewater discharge permit
application to the authority on a form provided by the authority at
least 90 days prior to the date upon which any discharge will begin
or recommence. Nonsignificant categorical industrial users (NSCIU)
and nonsignificant industrial users (NSIU) shall be required to submit
applications at dates specified by the director. Incomplete or inaccurate
applications will not be processed and will be returned to the user
for revision. Any user required to obtain a wastewater discharge permit,
who proposes to begin or recommence discharging into the POTW, shall
obtain such permit prior to beginning or recommencing such discharge.
The application shall contain:
b.
Description
of activities, facilities, and plant processes on the premises, including
a list of all raw materials and chemical used or stored at the facility
which are, or could accidentally or intentionally be, discharged into
the POTW;
c.
Number
and type of employee, hours of operation, and proposed or actual hours
of operation;
d.
Each
product produced by type, amount, process or processes, and rate of
production;
e.
Type
and amount of raw materials processed (average and maximum per day);
f.
Site
plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
g.
Time
and duration of discharge; and
h.
Any
other information as may be deemed necessary by the authority to evaluate
the wastewater discharge permit application.
|
All group II, III and IV dischargers shall submit an industrial
waste questionnaire. The questionnaire will be reviewed by the public
works utility superintendent or authorized representative. If deemed
necessary, group II, III or IV dischargers may also be required to
obtain a permit as outlined herein.
|
(3)
No
new group I, group IV, group V or group VI user shall be allowed to
discharge until issued a valid permit.
(4)
The
authority will evaluate the completed applications and data furnished
by the discharger and may require additional information. If, after
evaluation, the application is deemed satisfactory, then a wastewater
discharge permit shall be issued within 60 days after the evaluation
is complete. The wastewater discharge permit shall be subject to the
terms and conditions specified herein and to the regulations of the
authority.
(5)
If
the application is denied, the applicant shall be notified in writing
within 30 days of the reasons for such denial. If denial is based
on the authority's determination that the applicant cannot meet the
wastewater discharge limitations of this subdivision, the authority
may specify that the applicant be required to provide pretreatment
of the waste before it is deemed acceptable for sewer discharge.
(6)
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this subdivision, pursuant to subsection (a)(5) above, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement added operational and maintenance activities.
a.
The
schedule shall contain milestone dates for the commencement and completion
of major events leading to the construction and operation of additional
pretreatment required for the discharger to comply with the requirements
of this subdivision including, but not limited to dates, relating
to hiring an engineer, completing preliminary plans, completing final
plans, executing contract(s) for major components, commencing construction,
completing construction, and all other acts necessary to achieve compliance
with this subdivision.
b.
The
time increments established between milestone dates shall be the shortest
practicable for the completion of the required work. Under no circumstances
shall the authority permit a time increment for a single step in the
compliance schedule to exceed nine months. The completion date in
this schedule shall not be later than the compliance date established
for applicable categorical pretreatment standards.
c.
Not
later than 14 days following each milestone date in the schedule and
the final date for compliance, the discharger shall submit a progress
report to the authority, including a statement as to whether or not
it complied with the increment of progress represented by that milestone
date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken
by the discharger to return the construction to the approved schedule.
In no event shall more than nine months elapse between such progress
reports to the authority.
(7)
Prior
to the approval of a permit, unless exempted by the authority, all
dischargers shall provide monitoring facilities to allow inspection,
sampling and/or flow measurement of wastewaters before entering the
sanitary sewer of the authority. Each monitoring facility shall be
located on the discharger's premises; provided, however, where such
location would be impractical or cause undue hardship to the discharger,
the authority may approve the placement of monitoring facilities in
the public street or sidewalk area. All monitoring equipment and facilities
shall be maintained in a safe and proper operating condition at the
expense of the discharger. Failure to provide proper monitoring facilities
shall be grounds for denial of a permit.
(b)
Permit
conditions.
Permits are issued to a specific discharger
for specific operation and are not assignable to another discharger
or transferable to any other location without the prior written approval
of the authority.
(1)
Wastewater
discharge permit transfer may be transferred to a new owner or operator
only if the permittee gives at least 90 days advance notice to the
authority and the authority approves the wastewater discharge permit
transfer. The notice to the authority must include a written certification
by the new owner or operator which:
a.
States
that the new owner and/or operator has no immediate intent to change
the facility's operations and process;
b.
Identifies
the specific date on which the transfer is to occur; and
c.
Acknowledges
full responsibility for complying with the existing wastewater discharge
permit.
|
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as the date of facility transfer.
|
(2)
Wastewater
discharge permit requirements:
a.
A
statement that indicates wastewater discharge permit duration, which
in no event shall exceed five years;
b.
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection (b)(1) herein, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
c.
Effluent
limits and best management practices based on applicable general pretreatment
standards as set forth in CFR part 403, categorical pretreatment standards,
local limits, and state and local law;
d.
Self-monitoring,
sampling, reporting, notification, and record-keeping requirements.
These requirements shall include and identification of pollutants
(or best management practices) to be monitored, sampling location,
sampling frequency, and sample type based on federal, state and local
law;
e.
Permits
shall contain a statement of the civil and criminal penalties for
violation of pretreatment standards and requirements and any applicable
compliance schedule. Such schedule may not extend the time for compliance
beyond that required by federal, state and local law; and
f.
Requirements
to control slug discharge, if determined by the city to be necessary.
(3)
Wastewater
discharge permits may contain, but need not be limited to the following
conditions:
a.
Limits
on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
b.
Requirements
for the installation of pretreatment technology, pollution control,
or construction of appropriate containment devices, designed to reduce,
eliminate, or prevent the introduction of pollutants into the treatment
works;
c.
Requirements
for the development and implementation of spill control plans or other
special conditions including management practices necessary to adequately
prevent accidental, unanticipated, or nonroutine discharges;
d.
Development
and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW, the unit charge or schedule
of user charges and fees for the management of the wastewater discharge
to the POTW;
e.
The
unit charge of schedule of user charges and fees for management of
the wastewater discharge to the POTW;
f.
Requirements
for installation and maintenance of inspection and sampling facilities
and equipment;
g.
A
statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable federal and state pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit; and
h.
Other
conditions as deemed appropriate by the authority to ensure compliance
with this subdivision, and state and federal laws, rules and regulations.
(c)
Reporting
requirements for dischargers.
(1)
Baseline report.
Within 180 days following the effective
date for new or revised categorical pretreatment standards, or at
least 90 days prior to commencement of the introduction of wastewater
into the POTW by a new discharger, any discharger subject to a categorical
pretreatment standard shall submit to the authority a report (in a
form provided by the authority), indicating the nature and concentration
of all prohibited or regulated substances contained in its discharge,
and the average and maximum daily flow in gallons. The report shall
state whether the applicable categorical pretreatment standards are
being met on a consistent basis and, if not, what additional O&M
or pretreatment is necessary to bring the discharger into compliance
with the applicable categorical pretreatment standards. The report
shall also contain:
a.
Identifying information.
The name and address of the
facility, including the name of the operator and owner.
b.
Environmental permits.
A list of any environmental control
permits held by or for the facility.
c.
Description of operations.
A brief description of nature,
average rate of production, standard industrial classifications of
the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
d.
Flow measurement.
Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW from
regulated process streams and other streams, as necessary, to allow
use of the combined waste stream formula set out in 40 CFR 403.6(e).
e.
Measurement of pollutants.
1.
The categorical pretreatment standards applicable to each regulated
process.
2.
The result of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the authority, of
regulated pollutants in the discharge from each regulated process.
Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported. The sample shall be representative
of daily operations and shall be analyzed in accordance with procedures
set out in this section. In cases where the standard requires compliance
with a best management practice or pollution prevention alternative,
the user shall submit documentation as required by the city or the
applicable standards to determine compliance with the standard.
4.
The user shall take a minimum of one representative sample to compile
the data necessary to comply with the requirements of this paragraph.
However, the city may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures.
Historical data that can represent the current discharge only can
be accepted as a baseline report.
5.
The baseline report shall indicate the time, date and place of sampling
and methods of analysis, and shall certify that such sampling and
analysis is representative of normal work cycles and expected pollutant
discharges to the POTW.
f.
Certification.
A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
g.
Compliance schedule.
If additional pretreatment, best
management practices and/or O&M will be required to meet the pretreatment
standards, the shortest schedule by which the user will provide such
additional pretreatment and/or O&M must be provided. The completion
date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A compliance
schedule pursuant to this subdivision must meet the requirements set
out in this section.
h.
Signature and certification.
All baseline monitoring
reports shall be signed by an authorized representative and certified
by a qualified professional as stated in 40 CFR Part 403.12(b)(6).
(2)
90-day compliance report.
Within 90 days following the
date for final compliance by the discharger with applicable categorical
pretreatment standards or 90 days following commencement of the introduction
of wastewater into the POTW by a new discharger, any discharger subject
to categorical pretreatment standards shall submit to the authority
a report indicating the nature and concentration of all prohibited
or regulated substances contained in its discharge, and the average
and maximum daily flow in gallons. The report shall state whether
the applicable categorical pretreatment standards or requirements
are being met on a consistent basis and, if not, what additional O&M
or pretreatment is necessary to bring the discharger into compliance
with the applicable categorical pretreatment standards or requirements,
including BMPs. This report shall be signed by an authorized representative
of the discharger.
(3)
Periodic compliance reports.
a.
Any discharger subject to a categorical pretreatment standard made a part of this subdivision shall submit to the authority a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the categorical pretreatment standards hereof. Reports are required after the compliance date of such a pretreatment standard, or in the case of a new discharger, after commencement of the discharge, and are to be submitted at least once every six months (on dates specified by the authority). In addition, where applicable, this report shall include a record of all measured or estimated average and maximum daily flows which, during the reporting period, exceeded the average daily flow specified in section 86-90. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques.
b.
In
cases where the pretreatment standard requires compliance with best
management practice (BMP) or pollution prevention alternative, the
user must submit documentation required by city or the pretreatment
standard necessary to determine the compliance status of the user,
and contributing information as is determined necessary to account
for water usage, materials recovery, or disposal practices.
c.
All
nonsignificant categorical industrial users (NSCIU) shall submit a
report annually in the month specified by the director. The report
shall be completed according to the city's current reporting requirements,
including the submittal of any applicable certification statements
and data obtained through appropriate sampling and analysis performed
during the period covered by the report which data are representative
of conditions occurring during the reporting period.
d.
If
the director has determined that needs a permit, then the NSIU shall
submit a report annually in the month specified by the director. The
report shall be completed according to the city's current reporting
requirements, including the submittal of any applicable certification
statements.
e.
All periodic compliance reports shall be signed and certified in accordance with subsection 86-90(c)(9) of this article.
f.
All
wastewater samples shall be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean and maintained in good working order at all times.
The failure of a user to keep its monitoring equipment in good working
order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
g.
Nondetectable
sample results may be used only as a demonstration that a pollutant
is not present if the EPA approved method from 40 CFR Part 136 with
the lowest minimum detection level for that pollutant was used in
the analysis.
h.
The
authority, taking into consideration extenuating factors, may authorize
the submission of said reports on months other than those specified
above.
(4)
Analysis and sampling procedures.
a.
All
pollutant analyses, including sampling techniques with chain-of-custodies,
to be submitted as part of a wastewater discharge permit application
or any other reports shall be performed in accordance with procedures
contained in 40 CFR Part 136 and amendments thereto or with any other
test procedures approved by the administrator of the EPA. Sampling
shall be performed in accordance with the techniques approved by EPA.
Where 40 CFR Part 136 does not include sampling or analytical techniques
for the pollutants in question, or where EPA determines that the Part
136 techniques are inappropriate for the pollutant in question, sampling
and analyses shall be performed using validated analytical methods
or any other sampling and analytical procedures, including procedures
suggested by the POTW or other parties, approved by EPA. Nondetectable
sample results may be used only as a demonstration that a pollutant
is not present if the EPA approved method from 40 CFR Part 136 with
the lowest minimum detection level for that pollutant was used in
the analysis.
b.
Sample
collection.
1.
Except as indicated in subsection (c)(4)b.2. below, the user must
collect wastewater samples using 24-hour flow proportional composite
collection techniques. In the event flow proportional sampling is
infeasible, the authority may authorize the use of time proportional
sampling or a minimum of four grab samples where the user demonstrates
that this will provide a representative sample of the effluent being
discharged. Using protocols (including appropriate preservation) specified
in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples
collected during a 24-hour period may be composited prior to the analysis
as follows: For cyanide, total phenols, and sulfides the samples may
be composited in the laboratory or in the field; for volatile organics
and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized
by the city, as appropriate. In addition, grab samples may be required
to show compliance with instantaneous discharge limits.
2.
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
3.
For sampling required in support of baseline monitoring and 90-day
compliance reports required in [40 CFR 403.12(b) and (d)], a minimum
of four grab samples must be used for pH, cyanide, total phenols,
oil and grease, sulfide and volatile organic compounds for facilities
for which historical sampling data do not exist; for facilities for
which historical sampling data are available, the city superintendent
may authorize a lower minimum.
4.
For the reports required by paragraphs (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.
(5)
Reporting additional monitoring.
If an industrial user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the authority, using the procedures prescribed in subsections (c)(4) and (b)(2), the results of this monitoring along with chain-of-custody forms shall be included in the report.
(6)
Significant noncategorical industrial user reporting.
Significant noncategorical industrial users shall submit to the authority at least once every six months (on dates as specified by the authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the authority. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in subsection (c)(4). This sampling and analysis may be performed by the authority in lieu of the significant noncategorical industrial user.
(7)
Notification of changed discharge.
Dischargers shall
give prior written notification to the authority and City of Fort
Worth of any potential and actual significant changes in the volume
or character of pollutants in the discharge, and any changes at its
facility that affect the potential for a slug discharge.
a.
The
notification to the authority shall be received at least 90 days prior
to change.
b.
The
authority may require the user to submit such information as may be
deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application.
c.
The
authority may issue a wastewater discharge permit or modify an existing
wastewater discharge permit in response to changed conditions or anticipated
changed conditions.
d.
For
purposes of this requirement, significant changes include, but are
not limited to, flow increases or decreases of 20 percent or greater,
the discharge of any previously unreported pollutants, and the deletion
of any pollutant regulated by this subdivision or a permit issued
pursuant to this subdivision.
(8)
Authority monitoring.
Sampling and analysis for the reports required by subsections (c)(1), (2), (3) and (6) above, may be performed by the authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the authority, the discharger will be required to submit the report or certifications.
(9)
Signatory requirements.
a.
All
applications and compliance reports submitted to the authority must
contain the following certification statement and be signed by the
authorized representative:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information and for not reporting known violations, including possibility
of fine and imprisonment."
b.
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the director pursuant to section 86-86 and subsection 86-90(a)(1)f.; must annually submit the following certification statement signed in accordance with the signatory requirements in 40 CFR 403.120(I). This certification must accompany an alternative report required by the director:
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Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical Pretreatment Standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from __________,__________ to __________,
__________ [months, days, year]:
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|
(a)
|
The facility described as __________ [facility name] met the definition of a nonsignificant categorical industrial user as described in section 86-86 and subsection 86-90(a)(1)f.;
|
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(b)
|
The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
|
|
(c)
|
The facility never discharged categorical process wastewater
on any given day during this reporting period.
|
|
This compliance certification is based on the following information:
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___________________________________
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(10)
Wastewater analysis.
When requested by the authority,
a user must submit information on the nature and characteristics of
its wastewater within 30 days of the request. The authority is authorized
to prepare a form for this purpose and may periodically require users
to update this information.
(d)
Inspection
and flow measurement.
(1)
Inspection.
a.
The
authority may inspect the facilities of any discharger (SIU, NSCIU
or NSIU) at least once a year to determine compliance with the requirements
of this subdivision. The director shall evaluate whether each SIU,
needs a plan to control slug discharges at the time of SIU determination
or at least by the first year.
The discharger shall allow the authority or its representatives
to enter upon the premises of the discharger at all reasonable hours
for the purposes of inspection, sampling, or examination of records.
All reports and records related to the provisions of this subdivision
shall be made available for copying and inspection by the authority.
The authority shall have the right to set upon the discharger's property
such devices as are necessary to conduct sampling, inspection, compliance
monitoring and metering or measuring operations. User shall provide
ample room in or near the monitoring facility to allow accurate sampling
and preparation of samples and analysis and whether constructed on
public or private property, the monitoring facilities should be provided
in accordance with the city's requirements and all applicable local
construction standards and specifications, and such facilities shall
be constructed and maintained in such manner so as to enable the city
to perform independent monitoring activities.
b.
The
inspectors, agents or representatives of the authority charged with
the enforcement of this subdivision shall be deemed to be performing
a governmental function for the benefit and health and welfare of
the general public and neither the authority, nor any individual inspector,
agent or representative shall be held liable for any loss or damage,
whether real or asserted, caused or alleged to have been caused as
a result of the performance of such governmental function. The failure
or refusal of such owner or discharger to comply with this provision
shall be grounds for the disconnection of water or sewer service to
the facility. If entry is denied or if a person in control cannot
be located, the director shall have every recourse provided by law
to secure entry. Such recourse shall include the right to obtain a
search warrant under the guidelines of the Texas Code of Criminal
Procedure; and for the purposes of same, any person with enforcement
authority under this chapter is hereby declared to be a "health officer."
c.
Facilities
regulated under this chapter are subject to the authority of the following
agencies concerning access to information and right of entry onto
property for purposes of implementing and enforcing federal and state
pretreatment programs and other applicable law: (i) the EPA under
section 308 of the Federal Clean Water Act (33 U.S.C. § 3318),
as amended; and (ii) the Texas Commission on Environmental Quality
(TCEQ) under V.T.C.A., Water Code §§ 26.014 and 26.015,
as amended, and V.T.C.A., Health and Safety Code §§ 361.032
and 361.037, as amended.
d.
The
industrial waste discharged or deposited into the sanitary sewers
shall be subject to periodic inspection and sampling as often as may
be deemed necessary by the authority. Samples shall be collected in
such manner as to be representative of the character and concentration
the waste under operational conditions. The laboratory methods used
in the examination of said waste shall be those set forth in 40 CFR
Part 136. The determination of the character and concentration of
industrial waste shall be made at such times and on such schedules
as may be established by the authority. Should a discharger desire
a determination of the quality of such industrial waste be made at
some time other than that scheduled by the authority, such special
determination may be made by the authority at the expense of the owner
or discharger.
e.
The
authority shall conduct surveillance activities in order to identify,
independent of information supplied by industrial users, occasional
and continuing noncompliance with pretreatment standards. The authority
shall inspect and sample the effluent from each significant industrial
user at least once a year. The result of such activities shall be
available to the approval authority upon request.
(2)
NOV/repeat sampling and reporting.
If sampling performed
by an industrial user indicates a violation, the user shall notify
the authority within 24 hours of becoming aware of the violation.
Within 30 days submit to the director a report which addresses:
a.
The
time, date, location, processes, and operations associated with the
violation, and the personnel assigned responsibility and/or present
during the violation;
b.
The
cause or probable cause of the noncompliance; and
c.
The
actions taken and implemented to meet permit conditions.
The user shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the authority within 30 days
after becoming aware of the violation, except the industrial user
is not required to resample if:
(3)
Measurement of flow.
The volume of flow used in computing
sewage charges shall be based upon metered water consumption or discharge
as shown in the records of meter readings maintained by the city's
water department.
a.
Where
it can be shown to the satisfaction of the director that a substantial
portion of the metered water does not enter the sanitary sewer, the
director may require or permit the installation of additional approved
meters at the owner's expense, to measure the quantity of water actually
entering the sewer system. If approved by the director, the measured
quantity of water actually entering the sewer system will be used
to determine the sewer service charge.
b.
Any
discharger who procures all or part of its water supply from sources
other than the city's water department, all or part of which is subsequently
discharged into the sanitary sewer, shall install and maintain at
its expense an effluent meter or flow measuring device approved by
the director for the purpose of determining the proper volume of flow
to be used in computing sewer service charges. Such meters or measuring
devices shall be read monthly.
c.
If
the director determines that it is not practicable to measure the
quantity or quality of waste by the aforesaid meters or monitoring
devices, the quantity or quality of the waste shall be determined
in any manner or method the director may find practicable in order
to arrive at the percentage of water entering the sanitary sewage
system of the authority and/or the quality of the sewage to be used
to determine the sewer service charge.
(e)
Permit
modifications.
(1)
The
authority reserves the right to amend any permit issued hereunder
in order to assure compliance by the authority with applicable laws
and regulations. The authority may amend any permit for good cause
including, but not limited to the following:
a.
To
incorporate any new or revised federal, state or local pretreatment
standards or requirements.
b.
Material
or substantial alterations or additions to the discharger's operation
processes, or discharge volume or character which were not considered
in drafting the effective permit.
c.
A
change in any condition in either the industrial user or the POTW
that requires either a temporary or permanent reduction or elimination
of the authorized discharge.
d.
Information
indicating that the permitted discharge poses a threat to the authority's
collection and treatment systems, POTW personnel or the receiving
waters.
e.
Violation
of any terms or conditions of the permit.
f.
Misrepresentation
or failure to disclose fully all relevant facts in the permit application
or in any required reporting.
g.
To
correct typographical or other errors in the permit.
h.
To
reflect transfer of the facility ownership and/or operation to a new
owner/operator.
i.
Upon
request of the permittee, provided such request does not create a
violation of any applicable requirements, standards, laws, or rules
and regulations.
j.
To
incorporate, revise or revoke new or existing best management practices.
(2)
All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of this subdivision shall automatically become a part of this subdivision. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by subsection 86-90(a)(2), the discharger shall apply for a permit from the authority within 180 days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the authority within 180 days after promulgation of an applicable categorical pretreatment standard, the information required by subsection (c)(1) herein. The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(f)
Confidential
information.
(1)
All
information and data submitted by a discharger to the authority or
POTW may be submitted to any state or federal agency governing the
POTW. Such information shall be considered subject to public disclosure;
provided, however, that the discharger may request that information
not be subject to public disclosure, in accordance with 40 CFR Part
2 as follows:
a.
A
discharger may assert a business confidentiality claim covering part
or all of the information in a manner described below, and that information
covered by such a claim will be disclosed only by means of the procedures
set forth below.
b.
If
no claim of business confidentiality is asserted, all information
will be subject to public disclosure without further notice to the
discharger.
(2)
Asserting
business confidentiality claim. A discharger which is submitting information
to the authority may assert a business confidentiality claim covering
the information by placing on or attaching to the information, at
the time it is submitted to the authority, a cover sheet, stamped
or typed legend, or other suitable form of notice employing language
such as "trade secret," "proprietary," or "company confidential."
Allegedly confidential portions of otherwise nonconfidential documents
should be clearly identified by the discharger, and may be submitted
separately to facilitate identification and handling by the authority.
If the discharger desires confidential treatment only until a certain
date or until the occurrence of a certain event, the notice should
so state.
(3)
Nothing
in this subdivision shall prevent the disclosure of information and
data regarding the nature and content of a discharger's effluent,
and the frequency of discharge, or a standard or limitation to be
met by the discharger, and this information shall be available to
the public with no restrictions. Effluent data which cannot be held
as confidential is as defined in 40 CFR 2.302.
(4)
The
provisions of this subsection shall be subject to any public disclosure
requirements which may exist under the Texas Public Information Act,
V.T.C.A., Government Code ch. 552, as amended.
(g)
Wastewater
discharge permit reissuance.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with subsection (a)(2) herein, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
[Ord. No. 1225-12, § 1(exh.
A), 12-13-2011]
(a)
Notice
of violation.
(1)
When
a director finds that any person has violated, or continues to violate,
this chapter or any permit or order issued hereunder, the director
may issue to such person a written notice of violation.
(2)
No
later than the tenth day after receipt of the notice, the violator
shall submit to the issuing director an explanation of the violation
and a plan for the satisfactory correction and prevention of a reoccurrence
of the violation. Such plan shall include specific actions to be taken
by the violator.
(3)
If
the violator denies that any violation occurred, or contends that
no corrective action is necessary, he shall submit to the director
no later than the tenth day after receipt of the notice, a written
explanation of the basis of any such denial or contention.
(4)
Submission
of an explanation and/or plan in no way relieves a violator of liability
for any violations occurring before or after receipt of the notice
of violation.
(5)
Issuance
of a notice of violation shall not be a bar against, nor a prerequisite
for, taking any other action against a violator.
(b)
Nonemergency
termination of water supply and/or discharge.
(1)
A
user who violates the following conditions is subject to the termination
of its city-provided water supply and/or its discharge:
a.
Violation
of wastewater discharge permit conditions;
b.
Factually
report the wastewater constituents and characteristics of its discharge;
or
c.
Failure
to report significant changes in operations or wastewater volume,
constituents or characteristics prior to discharge; or
d.
Allow
reasonable access to the discharger's premises by representatives
of the authority for the purpose of inspection or monitoring; or
e.
Pay
sewer charges; or
f.
Meet
compliance schedules; or
g.
Fulfill
the conditions of its permit, or this subdivision, or to obey any
final judicial order with respect thereto; or
h.
Failure
to meet effluent limitations; including best management practices,
based on applicable pretreatment standards; or
i.
A
user who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
article, individual wastewater discharge permit.
(2)
a.
Whenever the authority finds that any discharger has engaged in conduct which justifies revocation of a permit, pursuant to subsection (a) above, the authority shall serve or cause to be served upon such discharger a written notice, either by personal delivery or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
b.
Within
30 days of the date of receipt of the notice, the discharger shall
respond in person or in writing to the authority, advising of its
position with respect to the allegations. Thereafter, the parties
shall meet to ascertain the veracity of the allegations and where
necessary, establish a plan for the satisfactory correction thereof.
(3)
The
user shall not recommence its discharge until the director so authorizes
and:
a.
The
user presents proof satisfactory to the director that the noncomplying
discharge has ceased;
b.
The
user presents proof satisfactory to the director that the conditions
creating the threat of imminent and substantial danger have been eliminated;
c.
The
user pays the city for all costs the city will incur in reinstating
services;
d.
Exercise
of this option by the director shall not be a bar to, nor a prerequisite
for, taking any other action against the user.
(c)
Administrative
orders.
Where the violation of subsection (a), hereof is not corrected by means of enforcement action listed in subsection (b), the following enforcement escalations may be used. Terms may or may not be negotiated with industrial users:
(1)
Consent order.
An agreement between the authority and
the industrial user normally containing three elements: (1) compliance
schedules; (2) stipulated fines or remedial actions; and (3) signatures
of the authority and authorized representatives.
(2)
Show cause order.
An order which directs the user to
appear before the city to explain its noncompliance and show cause
why more severe enforcement actions against the user should not be
levied. Typically used after informal contacts or NOV's have failed
to resolve noncompliance; however, it can be used at anytime.
(3)
Compliance order.
An order which directs the industrial
user to achieve or restore compliance by a date specified in the order.
Terms need not be discussed with the industry in advance. Typically
used when noncompliance cannot be resolved without construction, repair,
or process changes, or to require development of management practices,
spill prevention programs, and other pretreatment program requirements.
(d)
Right
of appeal of administrative ruling.
Any discharger or
any interested party shall have the right to request in writing an
interpretation or ruling by the authority on any matter covered by
this subdivision and shall be entitled to a prompt written reply.
In the event that such inquiry is by a discharger and deals with matters
of performance or compliance with this subdivision or deals with a
permit issued pursuant hereto for which enforcement activity relating
to an alleged violation is the subject, receipt of a discharger's
request shall stay all enforcement proceedings pending receipt of
the aforesaid written reply; provided, however, the authority may
take any action it deems necessary to protect its wastewater collection
and treatment system or to comply with its TPDES permit or to comply
with any contract the authority has for the treatment of wastewater.
(e)
Judicial
proceedings.
The authority, with respect to the conduct
of any discharger contrary to the provisions of this subdivision may
authorize its attorney to commence any legal action in a court of
competent jurisdiction for equitable and/or legal relief.
(1)
Injunctive relief.
When the authority finds that a user has violated, or continues to violate, any provision of this subdivision, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the authority may petition, pursuant to V.T.C.A., Local Government Code ch. 54, a district court or other court of proper jurisdiction of Tarrant County, Texas, through its attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this subdivision on activities of the user. The authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunction relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2)
Civil penalties.
The authority may also seek to recover
civil penalties of up to $5,000.00 per day pursuant to V.T.C.A., Local
Government Code § 54.018.
(3)
Criminal proceedings.
Notwithstanding any notice provisions
contained in this subdivision, any person who violates, disobeys,
omits, neglects, or refuses to comply with or who resists the enforcement
of any of the provisions of this subdivision commits an offense. The
person shall be fined not more than $2,000.00 for each offense.
(f)
Emergency
suspension of service and discharge permits.
(1)
The
authority, may, for good cause shown, suspend water or wastewater
service to the discharger's facility when it appears to the authority
that an actual or threatened discharge presents or may present an
imminent or substantial danger to the health or welfare of persons,
substantial danger to the environment, interfere with the operation
of a POTW, violate any pretreatment limits imposed by this subdivision
or any permit issued pursuant to this subdivision. Any discharger
notified of the suspension of the authority's water or wastewater
service and/or the discharger's permit, shall within a reasonable
period of time, as determined by the authority, cease all discharges.
In the event of the failure of the discharger to comply voluntarily
with the suspension order within the specified time, the authority
may commence judicial proceedings to compel the discharger's compliance
with such order or may immediately disconnect such discharger's service
line from the city water and sanitary sewer system. In the case of
emergency disconnection of service, the director shall make a reasonable
attempt to notify the owner or discharger before disconnecting the
service line. The party whose service has been disconnected shall
have an opportunity for a hearing on the issue of the illegal discharge
and the disconnection as soon as possible after such disconnection
has taken place.
(2)
The
authority may reinstate the permit and/or the wastewater or water
service upon proof by the discharger of the cessation of the noncomplying
discharge or elimination of conditions creating the threat of imminent
or substantial danger as set forth above. The water and/or wastewater
service shall be reconnected at the discharger's expense.
(g)
Affirmative
defenses to discharge violations for action in municipal or state
court.
In an action brought in municipal or state court,
if a person can establish that an event that would otherwise be a
violation of this subdivision or a permit issued under this subdivision
was caused solely by an act of God, war, strike, riot or other catastrophe,
the event is not a violation of this subdivision or the permit. In
an enforcement proceeding, the user seeking to establish the occurrence
of an act of God, war, strike, riot or other catastrophe shall have
the burden of proof. In the event that an act of God, war, strike,
riot or other catastrophe has been established, the user shall control
production of all discharges to the extent possible until such time
as the reduction, loss or failure of its treatment facility is restored
or an alternative method of treatment is provided.
(1)
Affirmative defenses to upset.
In an action brought
in federal court, it is an affirmative defense to an enforcement action
brought for noncompliance with categorical pretreatment standards
that the noncompliance was caused by upset, if the user demonstrates,
through properly signed, contemporaneous operating logs, or other
relevant evidence that: An upset occurred and the user can identify
the cause(s) of the upset; the facility was at the time being operated
in a prudent and workman-like manner and in compliance with applicable
operation and maintenance procedures; and any discharger who experiences
an upset in operations which places the discharger in a temporary
state of noncompliance with this subdivision shall inform the authority
within 24 hours of first awareness of the commencement of the upset.
Where such information is given orally, the authority may at its discretion
require the discharger to file a written report within five working
days. The report shall specify:
a.
Description
of the upset, its cause and the upset's impact on a discharger's compliance
status.
b.
Duration
of noncompliance, including exact dates and times of noncompliance,
and if the noncompliance continues, the time by which compliance is
reasonably expected to occur.
c.
All
steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an upset or other conditions of noncompliance.
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An operating upset which was not the result of negligence on
the part of the discharger, and which has been documented and verified
in the manner stated above shall be an affirmative defense to any
enforcement action brought by the authority against a discharger for
any noncompliance with the subdivision which arises out of violations
alleged to have occurred during the period of the upset.
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(2)
Affirmative defenses to specific prohibited discharge standards.
It is an affirmative defense in federal court to an enforcement action brought against a user for noncompliance with the general prohibitions of subsection 86-88(a) or a specific prohibition of subsections 86-88(d)(1), (5), (7), (14) or (17), that the user did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
a.
A
local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass
through or interference; or
b.
No
local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
city was regularly in compliance with its NPDES permit, and in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
(h)
Recovery
of costs incurred by the authority.
Any discharger who
discharges or causes a discharge producing a deposit or obstruction,
or causes damage to or impairs the authority's wastewater system,
shall be liable to the authority for any expense, loss or damage caused
by such violation or discharge. The authority shall bill the discharger
for the costs incurred by the authority for any cleaning, repair or
replacement work caused by the violation or discharge. Failure to
pay such bill may result in the termination of water or wastewater
service.
(i)
Falsifying
information.
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this subdivision, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this subdivision, shall, upon conviction, be punished as provided in subsection (e)(3) herein.
(j)
POTW
pretreatment requirements.
All POTW's shall be able to
seek injunctive relief for noncompliance by industrial users with
pretreatment standards and requirements. All POTWs shall also have
authority to seek or assess civil or criminal penalties in at least
the amount of $1,000.00 a day for each violation by industrial users
of pretreatment standards and requirements. POTWs whose approved pretreatment
programs require modification to conform to the requirements of this
subsection shall submit a request for approval of a program modification
in accordance with 40 CFR Part 403.18, unless the state would be required
to enact or amend a statutory provision, in which case the POTW shall
submit such a request.
[Ord. No. 1225-12, § 1(exh.
A), 12-13-2011]
(a)
Net/gross
calculations.
The authority may elect to adjust categorical
pretreatment standards to reflect the presence of pollutants in the
discharger's intake water, in accordance with 40 CFR Part 403.15.
(b)
Preservation
of records.
All dischargers subject to this subdivision
shall retain and preserve for no less than three years and make available
for inspection and copying, any records, books, documents, memoranda,
reports, correspondence and any and all summaries thereof, relating
to monitoring activities, sampling and chemical analyses made by or
on behalf of a discharger in connection with its discharge and required
by this article, and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements including documentation associated with best
management practices established under subsection 86-88(e)(10). All
records which pertain to matters which are the subject of administrative
adjustment or any other enforcement or litigation activities brought
by the authority pursuant hereto shall be retained and preserved by
the discharger until all enforcement activities have concluded and
all periods of limitation with respect to any and all appeals have
expired. Records shall include the date, exact place, method, and
time of sampling, and the name of the person(s) taking the samples;
the dates analyses were performed; who performed the analyses; the
analytical techniques or methods used; and the results of such analyses.
(c)
Costs
of administering program.
The authority may make such
charges, known as monitoring and pretreatment charges, as are reasonable
for services rendered in administering the programs outlined in this
subdivision. Such charges may include, but are not limited to:
(d)
Right
of revision.
The authority reserves the right to amend this subdivision to provide for more or less stringent limitations or requirements on discharges to the sanitary sewer or POTW where deemed necessary to comply with the objectives set forth in section 86-87 of this subdivision.
(e)
Publication
of list of significant violators.
The authority shall annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the city a list of users that were in significant noncompliance (SNC) of federal pretreatment requirements during the previous 12 months. Definition of significant noncompliance shall be the definitions listed in 40 CFR Part 403.8(f)(2)(vii), and in the POTW's TPDES permit. The director, or the director's designee, shall be responsible for calculating the users who have committed significant violations. Significant industrial users are subject to the SNC criteria listed in subsections (e)(1) through (8) below. Group II nonsignificant industrial users that have been issued a permit shall be subject to SNC criteria listed in subsections (e)(3) through (8) below. Group VI nonsignificant categorical industrial users shall be subject to SNC criteria listed in subsections (e)(3) through (8) below. All other industrial users are subject to the SNC criteria listed in subsections (e)(3), (4) and (8) of this section. Significant noncompliance shall mean:
(1)
Chronic
violations of wastewater discharge limits, defined here as those in
which 66 percent or more of wastewater measurements taken for the
same pollutant parameter during a six-month period exceed a numeric
pretreatment standard or requirement, including instantaneous limits
for the same pollutant parameter by any amount;
(2)
Technical
review criteria (TRC) violations, defined here as those in which 33
percent or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the numeric pretreatment standard or requirement including instantaneous
limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH);
(3)
Any
other discharge violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(I) (daily maximum, long-term average, instantaneous
limits or a narrative standard) that the director determines has caused,
alone or in combination with other discharges, interference or pass
through, including endangering the health of POTW personnel or the
general public;
(4)
Any
discharge of pollutants that has caused imminent endangerment to the
public or to the environment, or has resulted in the director's exercise
of his emergency authority to halt or prevent such a discharge;
(5)
Failure
to meet, within 90 days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6)
Failure
to provide within 45 days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic reports (such
as self-monitoring reports), and reports on compliance with compliance
schedules;
(7)
Failure
to accurately report noncompliance; or
(8)
Any
other violation(s) which may include a violation of best management
practices, which the director determines will adversely affect the
operation or implementation of the local pretreatment program.
[Ord. No. 1225-12, § 1(exh.
A), 12-13-2011]
