A.
Prohibited discharge standards.
(1)
General prohibitions. No user shall introduce or cause
to be introduced into the POTW any pollutant or wastewater which causes
pass through or interference. These general prohibitions apply to
all users of the POTW whether or not they are subject to categorical
pretreatment standards or any other national, state or local pretreatment
standards or requirements.
(2)
Specific prohibitions.
(a)
No user shall introduce or cause to be introduced
into the POTW the following pollutants, substances or wastewater:
[1]
Pollutants which create a fire or explosive
hazard in the POTW, including, but not limited to, wastestreams with
a closed-cup flashpoint of less than 140° F. (60° C) using
the test methods specified in 40 CFR 261.21;
[2]
Wastewater having a pH less than 6.0 or more
than 9.0, or otherwise causing corrosive structural damage to the
POTW or equipment;
[3]
Any hazardous waste or waste that is regulated
under Federal Resource Conservation and Recovery Act of 1976.
[4]
Solid or viscous substances in amounts which
will cause obstruction of the flow in the POTW resulting in interference,
but in no case solids greater than 4.0 inches or 1.2 centimeters in
any dimension;
[5]
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;
[6]
Wastewater having a temperature greater than
104° F. (40° C.) or which will inhibit biological activity
in the treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the treatment
plant to exceed 104° F. (40° C.);
[7]
Petroleum oil, nonbiodegradable cutting oil
or products of mineral oil origin, in amounts that will cause interference
or pass through;
[8]
Pollutants which result in the presence of toxic
gases, vapors or fumes within the POTW in a quantity that may cause
acute worker health and safety problems;
[9]
Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with § 208-34D of this chapter.
[10]
Noxious or malodorous liquids, gases, solids
or other wastewater which, either singly or by interaction with other
wastes, is sufficient to create a public nuisance or a hazard to life
or to prevent entry into the sewers for maintenance or repair;
[11]
Wastewater which imparts color which cannot
be removed by the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the City's
NPDES permit:
[12]
Wastewater containing any radioactive wastes
or isotopes except in compliance with applicable state or federal
regulations;
[13]
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water and unpolluted
wastewater, unless specifically authorized by the Superintendent;
[14]
Sludges, screenings or other residues from the
pretreatment of industrial wastes;
[15]
Medical wastes, except as specifically authorized
by the Superintendent in a wastewater discharge permit;
[16]
Wastewater causing, alone or in conjunction
with other sources, the treatment plant's effluent to fail a toxicity
test;
[17]
Detergents, surface-active agents or other substances
which may cause excessive foaming in the POTW;
[18]
Fats, oils or greases of animal or vegetable
origin in concentrations greater than 100 mg/l;
[19]
Wastewater causing two readings on an explosion
hazard meter at the point of discharge into the POTW, or at any point
in the POTW, of more than 10% or any single reading over 1% of the
lower explosive limit of the meter.
(b)
Pollutants, substances or wastewater prohibited
by this section shall not be processed or stored in such a manner
that they could be discharged to the POTW.
B.
National categorical pretreatment standards. The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed
only in terms of the mass of a pollutant per unit of product in wastewater,
the Superintendent may impose equivalent concentration or mass limits
in accordance with 40 CFR 403.6C.
(2)
When wastewater subject to a categorical pretreatment
standard, is mixed prior to treatment with wastewater not regulated
by the same standard, the Superintendent shall impose an alternate
limit using the combined wastewater formula in 40 CFR 403.6C.
(3)
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 the EPA
when developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
C.
Local limits. The following pollutant limits are established
to protect against pass through and interference. No person shall
discharge wastewater containing in excess of the following [instantaneous
maximum allowable discharge limits]:
Compound
|
Concentration
(milligrams per liter)
|
Mass
(pounds per day)
| |
---|---|---|---|
Arsenic
|
0.40
|
0.40
| |
Cadmium
|
0.10
|
0.10
| |
Chromium
|
6.00
|
6.00
| |
Copper
|
3.00
|
3.00
| |
Iron
|
200
|
200
| |
Mercury
|
0.10
|
0.10
| |
Lead
|
0.60
|
0.60
| |
Manganese
|
4.00
|
4.00
| |
Nickel
|
2.50
|
2.50
| |
Selenium
|
0.60
|
0.60
| |
Silver
|
0.70
|
0.70
| |
Zinc
|
1.50
|
1.50
| |
Cyanide
|
0.40
|
0.40
|
D.
City's right of revision. The City reserves the right
to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW.
E.
Dilution. No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Superintendent may impose
mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the
imposition of mass limitations is appropriate.
A.
Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 208-33A of this chapter within the time limitations specified by the EPA, the state or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Superintendent for review and shall be acceptable to the Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter.
B.
Additional pretreatment measures.
(1)
Whenever deemed necessary, the Superintendent may
require users to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate
sewage wastestreams from industrial wastestreams and such other conditions
as may be necessary to protect the POTW and determine the user's compliance
with the requirements of this chapter.
(2)
The Superintendent may require any person discharging
into the POTW to install and maintain, on his/her property and at
his/her expense, a suitable storage and flow-control facility to ensure
equalization of flow. A wastewater discharge permit may be issued
solely for flow equalization.
(3)
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Superintendent, they are necessary for
the proper handling of wastewater containing excessive amounts of
grease and oil or sand; except that such interceptors shall not be
required for residential users. All interception units shall be of
type and capacity approved by the Superintendent and shall be so located
as to be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned and repaired regularly, as needed, by
the user at his/her expense.
(4)
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
C.
Accidental discharge/slug control plans. At least
once every two years, the Superintendent shall evaluate whether each
significant industrial user needs an accidental discharge/slug control
plan. The Superintendent may require any user to develop, submit for
approval and implement such a plan. Alternatively, the Superintendent
may develop such a plan for any user. An accidental discharge/slug
control plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine
batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by § 208-37F of this chapter; and
(4)
Procedures to prevent adverse impact from any accidental
or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
D.
Hauled wastewater.
(1)
Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent and at such times as are established by the Superintendent. Such waste shall not violate § 208-33 of this chapter or any other requirements established by the City. The Superintendent may require septic tank waste haulers to obtain wastewater discharge permits.
(2)
The Superintendent shall require haulers of industrial
waste to obtain wastewater discharge permits. The Superintendent may
require generators of hauled industrial waste to obtain wastewater
discharge permits. The Superintendent also may prohibit the disposal
of hauled industrial waste. The discharge of hauled industrial waste
is subject to all other requirements of this chapter.
(3)
Industrial waste haulers may discharge loads only
at locations designated by the Superintendent. No load may be discharged
without prior consent of the Superintendent. The Superintendent may
collect samples of each hauled load to ensure compliance with applicable
standards. The Superintendent may require the industrial waste hauler
to provide a waste analysis of any load prior to discharge.
(4)
Industrial waste haulers must provide a waste-tracking
form for every load. This form shall include, at a minimum, the name
and address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
(5)
The City Council will, upon the recommendation of
the Superintendent/Engineer, make the final determination for all
of the above hauled waste sections.
A.
Wastewater analysis. When requested by the Superintendent,
a user must submit information on the nature and characteristics of
its wastewater within 30 days of the request. The Superintendent is
authorized to prepare a form for this purpose and may periodically
require users to update this information.
B.
Wastewater discharge permit requirements.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to § 208-35C of this chapter may continue to discharge for the time period specified therein.
(2)
The Superintendent may require other users to obtain
wastewater discharge permits as necessary to carry out the purposes
of this chapter.
(3)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in §§ 208-41 through 208-43 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
C.
Wastewater discharge permitting; existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the Superintendent for a wastewater discharge permit in accordance with § 208-35E of this chapter and shall not cause or allow discharges to the POTW to continue after 45 days of the effective date of this chapter, except in accordance with a wastewater discharge permit issued by the Superintendent.
D.
Wastewater discharge permitting; new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 208-35E of this chapter must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
E.
Wastewater discharge permit application contents.
(1)
All users required to obtain a wastewater discharge
permit must submit a permit application. The Superintendent may require
all users to submit as part of an application the following information:
(a)
All information required by § 208-37A(2) of this chapter;
(b)
Description of activities, facilities and plant
processes on the premises, including a list of all raw materials and
chemicals used or stored at the facility which are or could accidentally
or intentionally be discharged to the POTW;
(c)
Number and type of employees, 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 discharges; and
(h)
Any other information as may be deemed necessary
by the Superintendent to evaluate the wastewater discharge permit
application.
(2)
Incomplete or inaccurate applications will not be
processed and will be returned to the user for revision.
F.
Application signatories and certification. All wastewater
discharge permit applications and user reports must be signed by an
authorized representative of the user and contain the following certification
statement:
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
|
G.
Wastewater discharge permit decisions. The Superintendent
will evaluate the data furnished by the user and may require additional
information. Within 10 days of receipt of a complete wastewater discharge
permit application, the Superintendent will determine whether or not
to issue a wastewater discharge permit. The Superintendent may deny
any application for a wastewater discharge permit.
A.
Wastewater discharge permit duration. A wastewater
discharge permit shall be issued for a specified time period, not
to exceed five years from the effective date of the permit. A wastewater
discharge permit may be issued for a period of less than five years,
at the discretion of the Superintendent. Each wastewater discharge
permit will indicate a specific date upon which it will expire.
B.
Wastewater discharge permit contents. A wastewater
discharge permit shall include such conditions as are deemed reasonably
necessary by the Superintendent to prevent pass through or interference,
protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal and protect against damage to the POTW.
(1)
Wastewater discharge permits must contain:
(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 § 208-36E of this chapter and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c)
Effluent limits based on applicable pretreatment
standards;
(d)
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency and sample type based on federal, state and local law; and
(e)
A statement of applicable civil and criminal
penalties for violation of pretreatment standards and requirements,
and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable federal,
state or local law.
(2)
Wastewater discharge permits may contain, but need
not be limited to the following conditions:
(a)
Limits on the average and/or maximum rate of
discharge, time of discharge and/or requirements for flow regulation
and equalization;
(b)
Requirements for the installation of pretreatment
technology, pollution control or construction of appropriate containment
devices, designed to reduce, eliminate or prevent the introduction
of pollutants into the treatment works;
(c)
Requirements for the development and implementation
of spill control plans or other special conditions, including management
practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges;
(d)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(e)
The unit charge or schedule of user charges
and fees for the management of the wastewater 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
Superintendent to ensure compliance with this chapter and state and
federal laws, rules and regulations.
C.
Wastewater discharge permit appeals. The Superintendent
shall provide public notice of the issuance of a wastewater discharge
permit. Any person, including the user, may petition the Superintendent
to reconsider the terms of a wastewater discharge permit within 30
days of notice of its issuance.
(1)
Failure to submit a timely petition for review shall
be deemed to be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate
the wastewater discharge permit provisions objected to, the reasons
for this objection, and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
(3)
The effectiveness of the wastewater discharge permit
shall not be stayed pending the appeal.
(4)
If the Superintendent fails to act within 10 days,
a request for reconsideration shall be deemed to be denied. Decisions
not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
(5)
Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do so by
filing a complaint with the District Court of Haverhill for administrative
appeal within 45 days.
D.
Wastewater discharge permit modification. The Superintendent
may modify a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state or
local pretreatment standards or requirements;
(2)
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge
poses a threat to the City's POTW, City personnel or the receiving
waters;
(5)
Violation of any terms or conditions of the wastewater
discharge permit;
(6)
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
(7)
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater
discharge permit; or
E.
Wastewater discharge permit transfer.
(1)
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 90 days'
advance notice to the Superintendent and the Superintendent approves
the wastewater discharge permit transfer. The notice to the Superintendent
must include a written certification by the new owner or operator
which:
(2)
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
F.
Wastewater discharge permit revocation.
(1)
The Superintendent may revoke a wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
(a)
Failure to notify the Superintendent of significant
changes to the wastewater prior to the changed discharge;
(b)
Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 208-37E of this chapter;
(c)
Misrepresentation or failure to fully disclose
all relevant facts in the wastewater discharge permit application;
(d)
Falsifying self-monitoring reports;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow the Superintendent timely
access to the facility premises and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedules;
(k)
Failure to complete a wastewater survey or the
wastewater discharge permit application;
(l)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility; or
(m)
Violation of any pretreatment standard or requirement
or any terms of the wastewater discharge permit or this chapter.
(2)
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance
of a new wastewater discharge permit to that user.
G.
Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 208-35E of this chapter a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
H.
Regulation of waste received from other jurisdictions.
(1)
If another municipality or user located within another
municipality contributes wastewater to the POTW, the Superintendent
shall enter into an intermunicipal agreement with the contributing
municipality.
(2)
Prior to entering into an agreement required by Subsection H(1) above, the Superintendent shall request the following information from the contributing municipality:
(3)
An intermunicipal agreement, as required by Subsection H(1) above, shall contain the following conditions:
(a)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 208-33C of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits;
(b)
A requirement for the contributing municipality
to submit a revised user inventory on at least an annual basis;
(c)
A provision specifying which pretreatment implementation
activities, including wastewater discharge permit issuance, inspection
and sampling and enforcement, will be conducted by the contributing
municipality, which of these activities will be conducted by the Superintendent
and which of these activities will be conducted jointly by the contributing
municipality and the Superintendent;
(d)
A requirement for the contributing municipality
to provide the Superintendent with access to all information that
the contributing municipality obtains as part of its pretreatment
activities;
(e)
Limits on the nature, quality and volume of
the contributing municipality's wastewater at the point where it discharges
to the POTW;
(f)
Requirements for monitoring the contributing
municipality's discharge;
(g)
A provision ensuring the Superintendent access
to the facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling
and any other duties deemed necessary by the Superintendent; and
(h)
A provision specifying remedies available for
breach of the terms of the intermunicipal agreement.
A.
Baseline monitoring reports.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Superintendent a report which contains the information listed in Subsection A(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information
set forth below.
(a)
Identifying information. The name and address
of the facility, including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental
control permits held by or for the facility.
(c)
Description of operations. A brief description
of the nature, average rate of production and standard industrial
classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates
points of discharge to the POTW from the regulated processes.
(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 or the combined wastestream formula set out in 40 CFR 403.6(e).
(e)
Measurement of pollutants.
[1]
The categorical pretreatment standards applicable
to process.
[2]
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process. 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 § 208-37I of this chapter.
(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 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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 208-37B of this chapter.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 208-37A(2)(g) of this chapter:
(1)
The schedule shall contain progress increments in
the form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction and beginning and
conducting routine operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the Superintendent
no later than 14 days following each date in the schedule and the
final date of compliance, including, as a minimum, whether or not
it complied with the increment of progress, the reason for any delay
and, if appropriate, the steps being taken by the user to return to
the established schedule; and
(4)
In no event shall more than nine months elapse between
such progress reports to the Superintendent.
C.
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in § 208-37A(2)(d) through (f) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 208-35F of this chapter.
D.
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by the Superintendent but, in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 208-35F of this chapter.
(2)
All wastewater samples must be representative of the
user's discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean and maintained in good working
order at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
E.
Reports of changed conditions.
(1)
Each user must notify the Superintendent of any planned
significant changes to the user's operations or system which might
alter the nature, quality or volume of its wastewater at least 45
days before the change.
(2)
For purposes of this requirement, significant changes
include, but are not limited to, flow increases of 5% or greater and
the discharge of any previously unreported pollutants.
F.
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited
to, accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
the Superintendent of the incident. This notification shall include
the location or the discharge, type of waste, concentration and volume,
if known and corrective actions taken by the user.
(2)
Within five days following such discharge the user
shall, unless waived by the Superintendent, submit a detailed written
report describing the cause(s) of the discharge and the measures to
be taken by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss damage or other liability
which may be incurred as a result of damage to the POTW, natural resources
or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties or other liability which
may be imposed pursuant to this chapter.
(3)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required
to obtain a wastewater discharge permit shall provide appropriate
reports to the Superintendent as the Superintendent may require.
H.
Notice of violation; repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify the Superintendent within 24 hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the Superintendent within
30 days after becoming aware of the violation. The user is not required
to resample if the Superintendent monitors at the user's facility
at least once a month or if the Superintendent samples between the
user's initial sampling and when the user receives the results of
this sampling.
I.
Analytical requirements. All pollutant analyses, including
sampling techniques to be submitted as part of a wastewater discharge
permit application or report, shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant
in question, sampling and analyses must be performed in accordance
with procedures approved by the EPA.
J.
Sample collection.
(1)
Except as indicated in Subsection J(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent 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. 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.
K.
Timing. Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
L.
Recordkeeping. Users subject to the reporting requirements
of this chapter shall retain and make available for inspection and
copying all records of information obtained pursuant to any monitoring
activities required by this chapter and any additional records of
information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements. Records shall include
the date, exact place, method and time of sampling and the name of
the person(s) taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall remain available
for a period of at least three years. This period shall be automatically
extended for the duration of any litigation concerning the user or
the City or where the user has been specifically notified of a longer
retention period by the Superintendent.
A.
Right of entry; inspection and sampling. The Superintendent
shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this chapter
and any wastewater discharge permit or order issued hereunder. Users
shall allow the Superintendent ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying and the performance of any additional duties.
(1)
Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
Superintendent will be permitted to enter without delay for the purposes
of performing specific responsibilities.
(2)
The Superintendent shall have the right to set up
on the user's property or require installation of such devices as
are necessary to conduct sampling and/or metering of the user's operations.
(3)
The Superintendent may require the user to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the user at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated daily to ensure their
accuracy.
(4)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the user at the written or verbal request of the
Superintendent and shall not be replaced. The costs of clearing such
access shall be born by the user.
(5)
Unreasonable delays in allowing the Superintendent
access to the users premises shall be a violation of this chapter.
B.
Search warrants. If the Superintendent has been refused
access to a building, structure or property or any part thereof and
is able to demonstrate probable cause to believe that there may be
a violation of this chapter, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the
City designed to verify compliance with this chapter or any permit
or order issued hereunder or to protect the overall public health,
safety and welfare of the community, then the Superintendent may seek
issuance of a search warrant from the District Court of the City.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits and monitoring programs and from the Superintendent's
inspection and sampling activities shall be available to the public
without restriction, unless the user specifically requests and is
able to demonstrate to the satisfaction of the Superintendent that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined by 40 CFR 2.302, will not be recognized
as confidential information and will be available to the public without
restriction.
The Superintendent shall publish annually, in
the largest daily newspaper published in the municipality where the
POTW is located, a list of the users which, during the previous 12
months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term significant noncompliance shall
mean:
A.
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of wastewater measurements
taken during a six-month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any amount;
B.
Technical review criteria (TRC) violations, defined
here as those in which 33% or more of wastewater measurements taken
for each pollutant parameter during a six-month period equals or exceeds
the product of the daily maximum limit or the average limit multiplied
by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease
and 1.2 for all other pollutants, except pH);
C.
Any other discharge violation that the Superintendent
believes has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of
POTW personnel or the general public;
D.
Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment or has resulted in
the Superintendent's exercise of its emergency authority to halt or
prevent such a discharge;
E.
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;
F.
Failure to provide within 30 days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports and reports on compliance with compliance
schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s) which the Superintendent determines
will adversely affect the operation or implementation of the local
pretreatment program.
A.
Notification of violation. When the Superintendent
finds that a user has violated or continues to violate any provision
of this chapter, a wastewater discharge permit or order issued hereunder
or any other pretreatment standard or requirement, the Superintendent
may serve upon that user a written notice of violation. Within 10
days of the receipt of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted by the user
to the Superintendent. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after
receipt of the notice of violation. Nothing in this section shall
limit the authority of the Superintendent to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
B.
Consent orders. The Superintendent may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 208-41D and E of this chapter and shall be judicially enforceable.
C.
Show-cause hearing. The Superintendent may order a
user which has violated or continues to violate any provision of this
chapter, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, to appear before the
Superintendent and show cause why the proposed enforcement action
should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days prior to the hearing.
Such notice may be served on any authorized representative of the
user. A show-cause hearing shall not be a bar against or prerequisite
for taking any other action against the user.
D.
Compliance orders. When the Superintendent finds that
a user has violated or continues to violate any provision of this
chapter, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, the Superintendent
may issue an order to the user responsible for the discharge directing
that the user come into compliance within a specified time. If the
user does not come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against or a prerequisite for taking any
other action against the user.
E.
Cease-and-desist orders.
(1)
When the Superintendent finds that a user has violated
or continues to violate any provision of this chapter, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement or that the user's past violations are likely
to recur, the Superintendent may issue an order to the user directing
it to cease and desist all such violations and directing the user
to:
(2)
Issuance of a cease-and-desist order shall not be
a bar against or a prerequisite for taking any other action against
the user.
F.
Administrative fines. (Reserved)
G.
Emergency suspensions.
(1)
The Superintendent may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The Superintendent may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW or which
presents or may present an endangerment to the environment.
(a)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the PC, its receiving stream or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 208-41H of this chapter are initiated against the user.
(b)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show-cause or termination hearing under § 208-41C or H of this chapter.
(2)
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
H.
Termination of discharge.
(1)
In addition to the provisions in § 208-36F of this chapter, any user who violates the following conditions is subject to discharge termination:
(a)
Violation of wastewater discharge permit conditions;
(b)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(c)
Failure to report significant changes in operations
or wastewater volume constituents and characteristics prior to discharge;
(d)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling; or
(2)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 208-41C of this chapter why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to or a prerequisite for taking any other action against the user.
A.
Injunctive relief. When the Superintendent finds that
a user has violated or continues to violate any provision of this
chapter, a wastewater discharge permit or order issued hereunder or
any other pretreatment standard or requirement, the Superintendent
may petition the Court of appropriate jurisdiction through the City's
Attorney for the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance
of the wastewater discharge permit, order or other requirement imposed
by this chapter on activities of the user. The Superintendent may
also seek such other action as is appropriate for legal and/or equitable
relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against
or a prerequisite for taking any other action against a user.
B.
Civil penalties.
(1)
A user who has violated or continues to violate any
provision of this chapter, a wastewater discharge permit or order
issued hereunder or any other pretreatment standard or requirement
shall be liable to the City for a maximum civil penalty of $5,000
per violation, per day. In the case of a monthly or other long-term
average discharge limit, penalties shall accrue for each day during
the period of the violation.
(2)
The Superintendent may recover reasonable attorneys'
fees, court costs and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the City.
(3)
In determining the amount of civil liability, the
Court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective actions by the user, the
compliance history of the user and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar
against or a prerequisite for taking any other action against a user.
C.
Additional penalty provisions; serious and intentional
violations. The penalty provisions of this section are in addition
to and not in lieu of the other remedies available to the City as
set forth in this article and federal and state law.
D.
Remedies nonexclusive. The remedies provided for in
this chapter are not exclusive. The Superintendent may take any, all
or any combination of these actions against a noncompliant user. Enforcement
of pretreatment violations will generally be in accordance with the
City's enforcement response plan. However, the Superintendent may
take other action against any user when the circumstances warrant.
Further, the Superintendent is empowered to take more than one enforcement
action against any noncompliant user.
A.
Performance bonds. The Superintendent may decline
to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this chapter, a previous
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, unless such user first files
a satisfactory bond, payable to the City, in a sum not to exceed a
value determined by the Superintendent to be necessary to achieve
consistent compliance.
B.
Liability insurance. The Superintendent may decline
to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this chapter, a previous
wastewater discharge permit or order issued hereunder or any other
pretreatment standard or requirement, unless the user first submits
proof that it has obtained financial assurances sufficient to restore
or repair damage to the POTW caused by its discharge.
C.
Water supply severance. Whenever a user has violated
or continues to violate any provision of this chapter, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, water service to the user may be severed.
Service will only recommence, at the user's expense, after it has
satisfactorily demonstrated its ability to comply.
D.
Contractor listing. Users which have not achieved
compliance with applicable pretreatment standards and requirements
are not eligible to receive a contractual award for the sale of goods
or services to the City. Existing contracts for the sale of goods
or services to the City held by a user found to be in significant
noncompliance with pretreatment standards or requirements may be terminated
at the discretion of the Superintendent.
A.
Upset.
(1)
For the purposes of this section, "upset" means an
exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors
beyond the reasonable control of the user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3) below are met.
(3)
A user who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous
operating logs or other relevant evidence that:
(a)
An upset occurred and the user can identify
the cause(s) of the upset;
(b)
The facility was at the time being operated
in a prudent and workmanlike manner and in compliance with applicable
operation and maintenance procedures; and
(c)
The user has submitted the following information
to the Superintendent within 24 hours of becoming aware of the upset
if this information is provided orally, a written submission must
be provided within five days:
[1]
A description of the indirect discharge and
cause of noncompliance;
[2]
The period of noncompliance, including exact
dates and times or, if not corrected, the anticipated time the noncompliance
is expected to continue; and
[3]
Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to
establish the occurrence of an upset shall have the burden of proof
(5)
Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
Users shall control production of all discharges to
the extent necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost or fails.
B.
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 208-33A of this chapter or the specific prohibitions in § 208-33B[1] of this chapter if it can prove that it did not know or
have reason to know that its discharge, alone or in conjunction with
discharges from other sources, would cause pass through or interference
and that either:
(1)
A local limit exists for each pollutant discharged
and the user was in compliance with each limit directly prior to and
during the pass through or interference; or
(2)
No local limit exists, but the discharge did not change
substantially in nature or constituents from the user's prior discharge
when the City was regularly in compliance with its NPDES permit, and
in the case of interference, was in compliance with applicable sludge
use or disposal requirements.
C.
Bypass.
(1)
For the purposes of this section:
(a)
"Bypass" means the intentional diversion of
wastestreams from any portion of a user's treatment facility.
(b)
"Severe property damage" means substantial physical
damage to property, damage to the treatment facilities which causes
them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence
of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
(3)
Notice.
(a)
If a user knows in advance of the need for a
bypass, it shall submit prior notice to the Superintendent, at least
10 days before the date of the bypass, if possible.
(b)
A user shall submit oral notice to the Superintendent
of an unanticipated bypass that exceeds applicable pretreatment standards
within 24 hours from the time it becomes aware of the bypass.
(c)
A written submission shall also be provided
within five days of the time the user becomes aware of the bypass.
The written submission shall contain a description of the bypass and
its cause, the duration of the bypass, including exact dates and times,
and, if the bypass has not been corrected, the anticipated time it
is expected to continue and steps taken or planned to reduce, eliminate
and prevent reoccurrence of the bypass. The Superintendent may waive
the written report on a case-by-case basis if the oral report has
been received within 24 hours.
(4)
Exceptions.
(a)
Bypass is prohibited and the Superintendent
may take an enforcement action against a user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage;
[2]
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
wastes or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
A.
Pretreatment charges and fees. The City may adopt
reasonable fees for reimbursement of costs of setting up and operating
the City's pretreatment program which may include:
(1)
Fees for wastewater discharge permit applications,
including the cost of processing such applications;
(2)
Fees for monitoring, inspection and surveillance procedures,
including the cost of collection and analyzing a user's discharge
and reviewing monitoring reports submitted by users;
(3)
Fees for reviewing and responding to accidental discharge
procedures and construction;
(4)
Fees for filing appeals; and
(5)
Other fees as the City may deem necessary to carry
out the requirements contained herein. These fees relate solely to
the matters covered by this chapter and are separate from all other
fees, fines and penalties chargeable by the City.
B.
Severability. If any provision of this chapter is
invalidated by any court of competent jurisdiction, the remaining
provisions shall not be effected and shall continue in full force
and effect.