It shall be unlawful to discharge without a permit to any natural
outlet within the County or in any area under the jurisdiction of
said County and/or to the facility any wastewater except as authorized
by the Engineer in accordance with this chapter.
All significant industrial users proposing to connect to or
to contribute to the facility shall obtain an industrial wastewater
discharge permit before connecting to or contributing to the facility.
A.
Users required to obtain an industrial wastewater discharge permit
shall complete and file with the County an application in the form
prescribed by the County and accompanied by the approved fee established
as part of the annual budget process. New significant industrial users
shall apply at least 180 days prior to connecting to or contributing
to the facility.
B.
In support of the application, the user shall submit, in units and
terms appropriate for evaluation, the following information:
(1)
The name, address and location (if different from the address).
(2)
The SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
The wastewater constituents and characteristics, including but not
limited to those mentioned in this chapter, as determined by a reliable
analytical laboratory. Sampling and analysis shall be performed in
accordance with procedures established by the EPA pursuant to Section
304(g) of the Act and contained in 40 CFR 136, as amended.
(4)
The time and duration of the contribution.
(5)
The average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation.
(7)
A description of the activities, facilities and plant processes on
the premises, including all materials which are or could be discharged.
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any County, state or federal pretreatment
standards and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards.
(9)
A pretreatment schedule meeting the following conditions:
(a)
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. The completion date
in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard.
(b)
The schedule shall contain increments of progress 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 (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing a contract for major components, commencing construction,
completing construction, etc.).
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Engineer, including, at a minimum, if it complied with the
increment of progress to be met on such 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 user to return the
construction to the schedule established. In no event shall more than
six months elapse between such progress reports to the Engineer.
(10)
Each product produced by type, amount, process or processes
and rate of production.
(11)
The type and amount of raw materials processed (average and
maximum per day).
(12)
The number and type of employees, the hours of operation of
the plant and proposed or actual hours of operation of the pretreatment
system.
(13)
Any other information as may be deemed by the County to be necessary
to evaluate the permit application.
C.
The County will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the County may issue an industrial wastewater discharge
permit subject to terms and conditions provided herein.
Within nine months of the repromulgation of a National Categorical Pretreatment Standard, the industrial wastewater discharge permit of any user subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for an industrial wastewater discharge permit as required by § 110-27, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the Engineer within 180 days after the repromulgation of an applicable Federal Categorical Pretreatment Standard the information required.
A.
Industrial wastewater discharge permits shall be expressly subject
to all provisions of this chapter and all other applicable regulations,
user charges and fees established by the County.
B.
Permits may contain the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged.
(2)
Limits on the average and maximum wastewater constituents and characteristics.
(3)
Limits on the average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection and sampling
facilities.
(5)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(6)
Compliance schedules.
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the County and affording County
access thereto.
(9)
Requirements for notification of the County of any new introduction
of wastewater constituents or of any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
(10)
Requirements for notification of slug discharges.
(11)
Other conditions as deemed appropriate by the County Engineer
to ensure compliance with this chapter.
Significant industrial user permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the County during the term of the permit as limitations or requirements as identified in Article IV are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Industrial wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without the approval
of the County. Any succeeding owner or user shall also comply with
the terms and conditions of the existing permit.
A.
Compliance date report. Within 90 days following the date for final
compliance with applicable pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the facility, an industrial user subject to pretreatment standards
and requirements shall submit to the Engineer a report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process units in the user's facility which are limited by such pretreatment
standards or requirements. The report shall state whether the applicable
pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional O&M and/or pretreatment is
necessary to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified
professional.
B.
Significant industrial user periodic compliance reports.
(1)
Any industrial user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the facility, shall submit to the Engineer during the months of June and December, unless required more frequently in the pretreatment standard or by the Engineer, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 110-29 of this article. At the discretion of the Engineer and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Engineer may agree to alter the months during which the above reports are to be submitted.
(2)
The Engineer may impose mass limitations on industrial users where the imposition of mass limitations is appropriate. In such cases, the report required by Subsection B(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass, where requested by the Engineer, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.
A.
The County shall require a significant industrial user to provide
and operate, at the user's own expense, monitoring structures and
devices to allow inspection, sampling and flow measurement of the
building sewer and/or internal drainage systems. The monitoring structures
and devices should normally be situated on the user's premises, but
the County may, when such a location would be impractical or cause
undue hardship on the user, allow construction in the public street
or sidewalk area and located so that it will not be obstructed by
landscaping or parked vehicles.
B.
There shall be ample room in or near such sampling manhole to allow
accurate sampling and preparation of samples for analysis. The structures,
sampling devices and measuring equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the
user.
C.
Whether constructed on public or private property, the sampling and
monitoring structures shall be provided in accordance with the County's
requirements and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the County.
The County shall inspect the facilities of any industrial user
to ascertain whether the purpose of this chapter is being met and
all requirements are being complied with. Persons or occupants of
premises where wastewater is created or discharged shall allow the
County or its representative ready access at all reasonable times
to all parts of the premises for the purposes of inspection, sampling,
records examination or in the performance of any of their duties.
The County, the DNREC, the approval authority and the EPA shall have
the right to set up on the industrial user's property such devices
as are necessary to conduct sampling inspection, compliance monitoring
and/or metering operations. Where an industrial user has security
measures in force which would 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,
personnel from the County, the approval authority, the DNREC and the
EPA will be permitted to enter without delay for the purposes of performing
their specific responsibilities.
A.
Industrial users shall provide necessary wastewater treatment as
required to comply with this chapter and shall achieve compliance
with all Federal Categorical Pretreatment Standards within the time
limitations as specified by the Federal Pretreatment Regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the County shall be provided, operated and maintained at the user's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the County for review and shall be
acceptable to the County before construction of the pretreatment facility.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the pretreatment facility
as necessary to produce an effluent acceptable to the County under
the provisions of this chapter. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be acceptable
to the County prior to the user's initiation of the changes.
B.
The County shall annually publish in a general-circulation newspaper
a list of the users which were not in compliance with any pretreatment
requirements or standards at least once during the 12 previous months.
The notification shall also summarize any enforcement actions taken
against the user(s) during the same 12 months.
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or the approval authority
upon request.
D.
Industrial users discharging into the areas of the Unified Sanitary
Sewer District where the City of Seaford provides treatment services
shall be subject to the rules and regulations contained within Chapter
6 of the City of Seaford Sewer Use Ordinance, Title 7, Section 6033
of the Delaware Code, and 40 CFR 403 of the Code of Federal Regulations,
as they may be amended.
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be made available to the public or other governmental agency
without restriction, unless the user specifically requests and is
able to demonstrate, to the satisfaction of the County, that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related
to this chapter, the National Pollutant Discharge Elimination System
(NPDES) permit, the State Disposal System permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for the use of the County, state or any state agency
in judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
C.
Information accepted by the County as confidential shall not be transmitted
to any governmental agency or to the general public by the County
until and unless a ten-day notification is given to the user.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this chapter where
federal, state or County regulations are silent as to methods of analysis
shall be determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater," published by
the American Public Health Association, and shall be determined at
the control manhole provided or upon suitable samples taken at said
control manhole. In the event that no special manhole has been required,
the control manhole shall be considered to be the nearest downstream
manhole in the public sewer to the point at which the building sewer
is connected. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewage works
and to determine the existence of hazards to life, limb and property.
(The particular analyses involved will determine whether a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always,
BOD and suspended solids analyses are obtained from twenty-four-hour
composites of all outfalls, whereas pHs are determined from periodic
grab samples.)
If any of the wastewater treatment facilities receiving permitted
industrial discharges have reached 80% of loading as determined under
the NPDES permit, then the Engineer is authorized to prohibit increased
industrial discharge, either on the basis of flow or loading of waste
constituents, or both.
A.
The County may suspend the wastewater treatment service and/or an
industrial wastewater discharge permit when such suspension is necessary,
in the opinion of the Engineer, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
causes interference to the facility or causes the County to violate
any condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater treatment service
and/or the industrial wastewater discharge permit shall immediately
stop or eliminate the contribution. In the event of a failure of the
person to comply voluntarily with the suspension order, the County
shall take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the facility
system or endangerment to any individuals. The County shall reinstate
the industrial wastewater discharge permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the County within 15 days
of the date of occurrence.
Any user who violates the following conditions of this chapter
or applicable state and federal regulations is subject to having his
permit revoked:
A.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge.
B.
Failure of the user to report significant changes in operations or
in wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises for inspection
or monitoring.
D.
Violation of conditions of the permit.
B.
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article
or any wastewater contribution permit or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
under this chapter shall be subject to criminal prosecution pursuant
to the laws of the State of Delaware.
