[Amended 6-22-2004 by Ord. No. 04-12]
A.
It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner on public or private
property within the County, or in any area under the jurisdiction
of the County, any objectionable waste beyond the standards set by
the State of Delaware Department of Natural Resources and Environmental
Control (DNREC).
B.
Unless a permit is issued by the State of Delaware
Department of Natural Resources and Environmental Control, it shall
be unlawful to discharge to any watercourse, either directly or through
any storm sewer located either within the County or in any area under
the jurisdiction of the County, any sewage, industrial wastes or other
polluted waters.
C.
Use of separate storm sewers and sanitary sewers is
mandatory for all construction in the County. No combined sewers will
be allowed to be constructed under this policy.
D.
Except as hereinafter provided, it shall be unlawful
to construct any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of sewage.
E.
The owner of any house, building or property used
for human occupancy, employment, recreation or other purpose situated
within a sanitary district of the County is hereby required, at his
expense, to install suitable toilet facilities therein, and to connect
such facilities directly with the proper public sewer in accordance
with the provisions of the chapter.
F.
Connection to Kent County Sewage Disposal District
(KCSDD) No. 1 sewer system.
(1)
In a newly formed, publicly financed district expansion,
the owner of an existing dwelling shall participate in a master plumbing
agreement and be connected within three months of completion of the
project. A master plumbing agreement is defined as a publicly bid
plumbing project which covers the tasks of connecting the existing
structure to the County central sewer system and abandoning the on-site
wastewater treatment and disposal system in accordance with DNREC
regulations.
(2)
In a newly formed, privately financed district expansion where Kent County incurs no debt service, the building sewer connection for existing structures shall occur, if and when a properly maintained on-site wastewater treatment and disposal system fails, as defined by DNREC regulations. New structures shall be connected in accordance with § 180-8B.
G.
When any building sewer is to serve a school, hospital
or similar institution or public building, or is to serve a complex
of industrial or commercial buildings, or which in the opinion of
the Public Works Director will receive sewage or industrial wastes
of such volume or character that frequent maintenance or sampling
of said building sewer is anticipated then such building sewer shall
be connected to the public sewer through a manhole. The Inspector
shall determine if and where this type of connection to the public
sewer is required. Connections to existing manholes shall be made
as directed by the Inspector.
A.
Where a public sanitary sewer is not technically and legally available under the provisions of § 180-7, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the State of Delaware Department of Natural Resources and Environmental Control (DNREC), dealing with septic tank installations.
B.
At such time as a public sewer becomes technically
and legally available to a property served by a private sewage disposal
system, a direct connection shall be made to the public sewer in compliance
with this chapter, and any septic tanks, cesspools and similar private
sewage disposal facilities shall be abandoned in accordance with DNREC
regulations. Owners of said structures shall connect to the County
facilities within 12 months of written notification by the Department
of Public Works of the sewer lines being legally and technically available,
as defined by DNREC rules. If connection is not made within the prescribed
time frame, sewer billing will commence, regardless of sewer connection
status.
C.
No statement contained in this article shall be construed
to interfere with any additional requirements that may be imposed
by the authorized representative of the DNREC.
D.
Availability of sewer service shall be as defined
in the DNREC regulations governing the design, installation, and operation
of on-site wastewater treatment and disposal systems.
A.
A contractor must present a certificate of insurance
showing suitable liability insurance before a permit will be issued
for construction of building sewers, sewer extensions or private sewage
disposal.
B.
Unauthorized and prohibited connections. No person
shall uncover, make any connection with or opening into, use, alter
or disturb any public sewer or appurtenance thereto, without obtaining
a written permit from the County. Connections shall be made by licensed
plumbers or other licensed contractors. Additionally, within the territorial
limits of any municipality, no person shall make any direct connection
to the Kent County Wastewater System without obtaining both the prior
approval of the municipality in question and a building permit from
the County.
C.
No person shall be issued a building and/or sewer permit for a new dwelling or structure requiring sanitary facilities within the County unless a suitable and approved method of waste disposal is proposed. All new developments shall be provided with an approved system of sanitary sewers in accordance with Chapter 187, Subdivision of Land. All building permits require that a sewer permit be obtained and appropriate improvement or expansion fees be paid (reference Chapter 128).
D.
A separate and independent building sewer shall be
provided for every building. If more than two living units exist in
any building a minimum building lateral size of six inches is required.
E.
Existing building sewers may be used in connection
with new buildings when they are found, on examination and test by
the Inspector, to meet all requirements of this chapter.
F.
The connection of the building sewer into an existing
public sewer shall be made at the property line. If the portion of
the building sewer located in the street or right-of-way has not previously
been provided, such will be constructed from the existing public sewer
to the property line by the owner upon submittal of a proper engineering
drawing and approved by the County. All costs and expense incident
to the installation and connection of the entire length of the building
sewer shall be borne by the owner. The owner shall indemnify the County
from any loss or damage that may be directly or indirectly occasioned
by the installation of the building sewer. The method of connection
of the building sewer to the public sewer (at the property line) will
be dependent upon the type of pipe material used and in all cases
shall be approved by the Inspector.
A.
General use regulations.
(1)
No person shall discharge or cause to be discharged
any stormwater, surface water, uncontaminated groundwater, roof runoff,
subsurface drainage, uncontaminated noncontact cooling water or unpolluted
industrial process waters to any sanitary sewer.
(2)
Unpolluted stormwater and all other unpolluted drainage
shall be discharged to such sewers as are specifically designated
as storm sewers, or to a watercourse approved by DNREC. Uncontaminated
noncontact industrial cooling water or unpolluted process waters may
be discharged to a storm sewer or natural outlet after obtaining an
NPDES permit from the Department of Natural Resources and Environmental
Control, Division of Water Resources, and in accordance with State
of Delaware Surface Water Quality Standards and any NPDES permit conditions
imposed by DNREC.
(3)
Contaminated groundwater may be discharged to a sanitary
sewer after pretreatment, if necessary, with the permission of the
Kent County Department of Public Works, Engineering Division. The
criteria for disposal of petroleum contaminated groundwater shall
be a maximum of 10 ppm benzene, toluene, ethylbenzene and xylene (BTEX)
and a maximum of 10 ppm total petroleum hydrocarbons (TPH). The criteria
for the disposal of groundwater contaminated with halogenated compounds
or nonpetroleum pollutants will be dealt with on a case-by-case basis.
No groundwater will be permitted in excess of five gpm from any single
contamination site. Improvement or expansion fees will apply to permitted
discharges at a rate of one EDU per 250 gpd before permission is granted
to discharge into County sanitary districts.
B.
Discharge and pretreatment prohibitions.
(1)
General discharge prohibitions.
(a)
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which causes pass-through
or interference, or will interfere with the operation or performance
of the POTW. These general prohibitions apply to all such users of
a POTW, whether or not the user is subject to National Categorical
Pretreatment Standards or any other national, state or local pretreatment
standards or requirements.
(b)
Specific substances prohibited from discharge
to the POTW:
[1]
Any waters or wastes which contain grease or
oil or other substances that will solidify or become discernibly viscous
at temperatures between 32º F. and 150º F. or that will
cause obstruction of flow.
[Amended 3-14-2023 by Ord. No. 23-02]
[2]
Petroleum oil, nonbiodegradable cutting oil
or products of mineral oil origin (nonpolar in nature) in concentrations
greater than 100 mg/L.
[Amended 3-14-2023 by Ord. No. 23-02[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
B(1)(b)[2], which prohibited the discharge of waters or wastes containing
fats, wax, grease or oils, Freon 113, and soluble matter. In addition,
Ord. No. 23-02 redesignated former Subsection B(1)(b)[3] as Subsection
B(1)(b)[2]. The ordinance also stated that it becomes effective 30
days after advertisement of the adopted maximum allowable industrial
loadings by the U.S. Environmental Protection Agency to allow further
public comment.
[3]
All measurements, tests and analysis of the characteristics
and quality of waters and wastes to which reference is made in this
chapter shall be performed in accordance with 40 CFR 136, as amended,
unless otherwise specified in an applicable federal categorical pretreatment
standard. If the references cited herein do not contain applicable
analytical protocols for the pollutants in question, the analysis
shall be performed in accordance with procedures approved by EPA.
[Added 3-14-2023 by Ord. No. 23-02]
[4]
Any liquids, solids or gases which by reason
of their nature or quantity are or may be sufficient, either alone
or by interaction with other substances, to cause fire or explosion
or be injurious in any other way to the POTW or to the operation of
the POTW. At no time shall two successive readings on an explosion
hazard meter at the point of discharge into the system (or at any
point in the system) be more than 5% nor any single reading over 10%
of the lower explosive limit (LEL) of the meter. Prohibited waste
streams include, but are not limited to, waste streams with a closed
cup flashpoint of less than 140º F. (60º C) as determined
by the test methods in 40 CFR 261.21. Prohibited materials include,
but are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides.
[5]
Any noxious or malodorous gas, such as hydrogen
sulfide, sulfur dioxide or nitrous oxide or other substance, which
either singly or by interaction with other wastes is capable of creating
a public nuisance or hazard to life or of preventing entry into sewers
for their maintenance or repair.
[6]
Any garbage that has not been properly shredded.
[7]
Any ashes, cinder, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastic, cardboard, wood, paunch
manure, hair and fleshings, entrails, lime slurry, lime residues,
beer or distillery slops, whey, chemical residues, paint residues,
cannery waste, bulk solids or any other solid or viscous substance
capable of causing obstruction to the flow of the sewers or other
interference with the proper operation of the sewage works.
[8]
Any waters or wastes, acid and alkaline in reaction,
having corrosive properties capable of causing damage or hazard to
structures, equipment and personnel of the sewage works. Free acids
and alkalines must be neutralized at all times, within a permissible
pH range of 6.0 to 9.5.
[9]
No person shall discharge or cause to be discharged
any long half-life (over 100 days) of toxic radioactive isotopes into
a public sewer.
[10]
Any stormwater, roof drains, spring water, cistern
or tank overflow or footing drain or the contents of any privy vault
or the discharge of effluent from any air-conditioning machine or
refrigeration unit.
[11]
No person shall discharge or cause to be discharged any waters
or wastes containing a toxic or poisonous substance, a high chlorine
demand or suspended solids in sufficient quantity to exceed the limitation
set forth in a categorical pretreatment standard or damage or interfere
with any sewage treatment process, constitute a health and safety
hazard to humans or animals or create any such hazard in the receiving
waters or the effluent of the County sewage treatment plant. Such
toxic substances shall be limited to the mass limits determined under
the local limitations program. A toxic pollutant shall include, but
not be limited to, any pollutant identified pursuant to Section 307(a)
of the Clean Water Act.
[Amended 2-27-2018 by Ord. No. 18-01]
[12]
Any pesticides or PCB's into the County sewer
system. This is a zero discharge limitation applying to any quantity
or concentration. Furthermore it shall be unlawful to contribute pesticide
application equipment, rinse or wash water to any POTW. Pesticides
include but are not limited to Aldrin, alpha-BHC, beta-BHC, delta-BHC,
gama-BHC, Chlordane, 4,4'-DDD, 4,4'-DDE, 4,4'-DDT, Dieldrin, Endosulfan
I, Endosulfan II, Endosulfan sulfate, Endrin, Endrin aldehyde, Heptachlor,
Heptachlor epoxide and Toxaphenene. On a case-by-case basis some discharges
may be permitted by permit only.
[13]
Any substance which may cause the POTW's effluent
or any other product of the POTW, such as residues, sludges or scums,
to be unsuitable for reclamation and reuse or to interfere with the
reclamation process. 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; any criteria, guidelines or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste Disposal Act,
the Clean Air Act or the Toxic Substances Control Act or State of
Delaware Guidance and Regulations Governing the Land Treatment of
Wastes, August 1988, applicable to the sludge management method being
used.
[14]
Any substance which will cause the POTW to violate
its NPDES and/or state disposal system permit or the receiving water
quality standards.
[15]
Any wastewater with objectionable color not
removed in the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions.
[16]
Any wastewater having a temperature which will
inhibit biological activity in the POTW treatment plant resulting
in interference, but in no case wastewater with a temperature at the
introduction into the POTW which exceeds 40º C (104º F.)
unless the POTW treatment plant is designed to accommodate such temperature.
[17]
Any pollutants, including oxygen demanding pollutants
(BOD, COD, etc.) released at a flow rate and/or pollutant concentration
which a user knows or has reason to know will cause interference to
the POTW. In no case shall a slug load have a flow rate or contain
concentration or quantities of pollutants that exceed for any time
period longer than 15 minutes more than five times the average twenty-four
hour concentration, quantities or flow during normal operation.
[18]
Any wastewater containing any radioactive wastes
or isotopes of such half-life or concentration as may exceed limits
established by the Public Works Director in compliance with applicable
state or federal regulations.
[19]
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.
[20]
Any trucked or hauled pollutants, including, but not limited to, domestic septage and sewage, except at designated locations after meeting all conditions set forth in § 180-11 of this chapter.
[21]
Any wastewater which causes a hazard to human
life or creates a public nuisance.
[22]
No characteristic or listed hazardous wastes
as defined under RCRA, as defined in 40 CFR Part 261.
[23]
No septage that exceeds the limits presented
in Table 180-III-2,[2] and doing so will subject the generator to the penalties described in § 180-14F .
[2]
Editor's Note: Table 180-III-2 is included at the end of this chapter.
(c)
All industrial users shall notify the Kent County
Department of Public Works, Engineering Division, immediately of all
discharges that could cause potential problems to the POTW, including,
but not limited to, any general prohibited discharge outlined in this
section. When the Public Works Director determines that a user(s)
is contributing to the POTW any of the above-enumerated substances
in such amounts as to interfere with the operation of the POTW, the
Public Works Director shall:
(2)
Federal categorical pretreatment standards. Upon the
promulgation of any federal categorical pretreatment standards for
an industrial subcategory, the federal standard, if more stringent
than limitations imposed under this chapter for sources in that subcategory,
shall immediately supersede the limitations imposed under this chapter.
The Public Works Director shall notify all affected users of the applicable
reporting requirements under 40 CFR 403.12. Sampling for baseline
monitoring reports (BMR's) and continued compliance monitoring for
determining compliance with applicable categorical pretreatment standards
shall be in accordance with the procedures set forth in 40 CFR 403.12(b)
as amended.
(3)
Modification of federal categorical pretreatment standards.
Where the County's wastewater treatment system achieves consistent
removal of pollutants limited by federal pretreatment standards, the
County may apply to the approval authority for modification of specific
limits in the federal pretreatment standards. "Consistent removal"
shall mean reduction in the amount of a pollutant or alteration of
the nature of the pollutant by the wastewater treatment system to
a less toxic or harmless state in the effluent which is achieved by
the system in 95% of the samples taken when measured according to
the procedures set forth in Section 403.7(c)(2) (40 CFR 403) of General
Pretreatment Regulations for Existing and New Sources of Pollution
promulgated pursuant to the Act. The County may then modify pollutant
discharge limits in the federal pretreatment standards if the requirements
contained in 40 CFR 403, Section 403.7, are fulfilled and prior approval
from the approval authority is obtained.
(4)
State requirements. State requirements and limitations
on discharges shall apply in any case where they are more stringent
than federal requirements and limitations, or those included in this
chapter.
(5)
County right of revision. The Levy Court reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Article I of this chapter.
(6)
Excessive discharge. 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 the limitations contained in the federal categorical
pretreatment standards, or in any other pollutant-specific limitation
developed by the County or state.
(7)
Accidental discharges/slugs. Each user shall provide
protection from accidental discharge of prohibited materials or other
substances regulated by this chapter. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the owner or user's own cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection shall
be submitted to the Public Works Director for review and shall be
approved by the Public Works Director before construction of the facility.
All existing users shall complete such a plan by a date designated
by the Public Works Director. No user who commences contribution to
the POTW after the effective date of this chapter shall be permitted
to introduce pollutants into the system until accidental discharge
procedures have been approved by the Public Works Director. Review
and approval of such plans and operating procedures shall not relieve
the industrial user from the responsibility to modify the user's facility
as necessary to meet the requirements of this chapter. In the case
of an accidental discharge, it is the responsibility of the user to
immediately telephone and notify the POTW of the incident. The notification
shall include location of discharge, type of waste, concentration
and volume and corrective actions.
(a)
Written notice. Within five days following an
accidental discharge, the user shall submit to the Public Works Director
a detailed written report describing the cause 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, fish kills or any other damage to person or property;
nor shall such notification relieve the user of any fines, civil penalties
or other liability which may be imposed by this chapter or other applicable
law.
(b)
Notice to employees. 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 dangerous discharge. Employers
shall ensure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
C.
The admission into the public sewers of any waters or wastes having an average daily flow greater than 3% of the average daily sewage flow of the County system shall be subject to the review and approval of the Public Works Director. Where necessary, in the opinion of the Public Works Director, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within the permissible limits provided for in § 180-12B or federal categorical pretreatment standards. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Public Works Director and of the State of Delaware Department of Natural Resources and Environmental Control, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Failure to comply with one or more of the remedial procedures as required by the Public Works Director will constitute a violation of this chapter.
D.
Where preliminary treatment or flow equalizing facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
[Amended 1-27-2009 by Ord. No. 09-01; 11-9-2010 by Ord. No. 10-19]
A.
Effective January 1, 2011, all trucks used to convey waste from septic
tanks, cesspools, chemical toilets, grease traps and interceptors,
brown and yellow grease, industrial wastewater and other temporary
toilet facilities or other conveyances used to transport wastewater
generated within Kent County and the City of Milford and the Town
of Smyrna shall have tightly sealed tanks, with means for loading
and discharge adequate to prevent spillage or their nuisance, and
shall be required to obtain a waste hauler permit from the Kent County
Department of Public Works.
B.
Waste hauler permit fees are listed in Chapter 128 and/or on file with the Levy Court. Upon receipt of the required fee, a waste hauler permit will be issued for one calendar year and shall begin on July 1 of each year. A waste hauler permit is not transferable between trucks and/or operators. Prior to the issuance of a waste hauler permit, and at each renewal of said permit, all trucks or other conveyances shall be inspected by a representative of the Kent County Department of Public Works, Regional Wastewater Treatment Facility. A waste hauler may provide an equivalent inspection report from another nearby municipality or county in lieu of receiving the Department of Public Works inspection.
C.
In addition to the aforesaid waste hauler permit fee, each hauler
of septage or brown or yellow grease, when discharged into the Kent
County regional wastewater treatment facility system, shall pay a
discharge fee at a rate per 1,000 gallons, based on 90% of the truck
tank volume. This discharge fee shall be reviewed periodically by
the Public Works Director and any changes will be adopted by ordinance
of the Levy Court. In the event that a waste hauler permit holder
is 90 days or more delinquent in payment, the holder's permit and
authorization to discharge into the County sewer system shall be suspended
by notice from the Kent County Department of Public Works, Engineering
Division, until such time as said permit holder's discharge fees have
been made current, including the payment of a 1.50% of past due balance
penalty for each month past due. Said violator shall continue to make
monthly payments as normally billed.
D.
Each waste hauler permit shall specify the connection (or several
such) to the County sewer system where the truck may discharge its
wastes. The Public Works Director may, by written notice to the permit
holder, change said location or locations at his discretion.
E.
The waste hauler permit will authorize the holder to use said truck
to haul and/or discharge sanitary wastes from septic systems, holding
tanks, cesspools and temporary toilet facilities, and brown and yellow
grease from grease traps or interceptors and grease recycling operations
only. No undigested garbage, rubbish, offal, slaughterhouse or packing
house wastes, blood, mud, gravel or industrial wastes may be discharged
into the sewer system without the written approval of the Director
of the Department of Public Works. In addition, septage waste components
that exceed the limits included in Table 180-III-2[1] may not be discharged to the sewer system, and doing so will subject the hauler to the penalties described in § 180-14F.
[1]
Editor's Note: Table 180-III-2 is included as an attachment to this chapter.
F.
In order to protect the County sewer system against stones, gravel,
pieces of wood or other objects, each truck shall discharge only through
the designated receiving devices unless the devices are not operating
and alternate locations are designated by signage at these locations.
In no case shall any trucks discharge at nondesignated pump stations,
manholes, etc. The permit holder shall be responsible for cleanup
around the point of discharge.
G.
The use of the County sewer system by a truck having any expired sanitary wastes truck permit shall be subject to the penalty described in § 180-14F.
H.
The following acts or omissions by permit holders shall subject such holder to the penalties as provided for in § 180-14F:
(1)
Taking any action to evade or hinder proper assessment of charges
as provided for herein, including, but not limited to:
(a)
Failure to properly record a discharge, as provided for by the
policies and procedures or orders of the Kent County Department of
Public Works, Engineering Division.
(b)
Alteration of size of tank without prior permission and authority
from the Kent County Department of Public Works, Engineering Division.
(2)
Discharging into the sewer system toxic or prohibited substances.
(3)
Discharging into the sewer system at a location other than authorized
to the permit holder by the Kent County Department of Public Works,
Engineering Division.
I.
Brown grease haulers shall transport the waste grease separately
from septage and shall not "co-mingle" their loads. Any hauler whose
recycling or hauling contract with a food service facility is terminated,
for whatever reason, shall notify the County immediately upon termination
by the food service facility.
J.
Grease trap/interceptor haulers.
(1)
Only brown grease from Kent, New Castle, and Sussex Counties and
Delaware and Caroline, Dorchester, Kent, Queen Anne's, Somerset, Talbot,
Wicomico and Worcester Counties in Maryland shall be accepted at the
Kent County Regional Wastewater Treatment Facilities for treatment.
(2)
The County reserves the right to verify the origins of any brown
grease load by reviewing the manifest for the respective load.
(3)
No brown grease shall be discharged into any pump station or manhole
of the Kent County sewer system, but shall be brought to a location
designated by the Director of Public Works.
[Amended 12-9-2003 by Ord. No. 03-28; 8-23-2005 by Ord. No.
05-10; 5-22-2007 by Ord. No. 07-17]
A.
General. All significant industrial users (SIUs) as defined in § 180-5, nonsignificant industrial users, commercial establishments, shops or facilities which are likely to produce nonsanitary or nondomestic wastewater which could possibly not meet pretreatment standards outlined in § 180-10A through D of this chapter, or which could possibly cause violation of the POTW's NPDES permit, proposing to connect to or contribute to the POTW, shall complete an industrial wastewater discharge permit (IDWP) application in accordance with this section, and if necessary obtain an industrial wastewater discharge permit before connecting or contributing to the POTW.
[Amended 2-27-2018 by Ord. No. 18-01]
(1)
Maximum
allowable industrial loadings (MAIL) are established for certain parameters
as shown in Table 180-III-1.[1]
[Amended 3-14-2023 by Ord. No. 23-02[2]]
[1]
Editor's Note: Table 180-III-1 is included as an attachment to this chapter.
[2]
Editor’s Note: This ordinance also stated that it becomes
effective 30 days after advertisement of the adopted Maximum allowable
industrial loadings by the U.S. Environmental Protection Agency to
allow further public comment.
(2)
New
significant industrial users with limits significantly above the average
domestic concentration (converted to mass) shall complete a toxicity
reduction evaluation (TRE) within one year of the date of issuance
or reissuance of an industrial wastewater discharge permit (IWDP)
containing the limits. The TRE shall address any pollutant for which
the limit significantly exceeds the average domestic concentration.
The TRE for metals or cyanide shall conform to the appropriate current
United States EPA TRE guidelines. With respect to ammonia toxicity,
a level greater than ordinary domestic sewage shall mean ammonia nitrogen
or total kjeldahl nitrogen (TKN) at a concentration greater than the
average treatment plant influent concentration of ammonia nitrogen
or total kjeldahl nitrogen. An ammonia or total nitrogen TRE will
address source controls or pretreatment to effect the reduction to
a twenty-four-hour average concentration and/or instantaneous concentration
of ammonia nitrogen and/or total kjeldahl nitrogen to be determined
by Kent County's TRE and set by the Public Works Director. Significant
industrial users are requested to try to attain nondetectable concentrations
for metals and cyanide as a goal in the TRE through changes in operation
and maintenance procedures, source reduction and/or pretreatment.
The analytical methods used in the TRE shall have published or theoretical
quantitative detection limits less than the average domestic concentrations.
Specific pounds per day limitations for each individual SIU are attached
to this standard.
B.
Permits. It is within the discretion of the POTW to determine which industrial and commercial users shall be controlled through industrial wastewater discharge permits (IWDPs). There are three types of permits that may be used by the POTW: general, food service facility (FSF), and significant industrial user (SIU) permits. FSF permit requirements are included in § 180-13. This section defines the circumstances for determining when a general or SIU permit is required and which type of permit shall be issued for a particular user.
(1)
General permits.
(a)
Groups of industrial and commercial users may
be issued a general permit. Users who are subject to best management
practices (BMPs) or concentration-based pretreatment standards may
apply to the POTW for inclusion under a specific general permit. It
is within the discretion of the POTW whether to issue a general permit
for a specific category and whether a particular facility may be covered
under a general permit. Users covered under a mass-based categorical
standard shall not be covered under a general permit; however, those
covered under mass-based local limits may be included in a general
permit. In addition, a facility subject to the combined wastestream
formula or net/gross calculations shall not be covered by a general
permit.
(b)
All of the facilities to be covered by the general
permit must:
[1]
Involve the same or substantially similar types
of operations;
[2]
Discharge the same types of wastes;
[3]
Require the same effluent limitations; and
[4]
Require the same or similar monitoring; and
[5]
Be more appropriately controlled under a general
control mechanism than an individual wastewater discharge permit.
(c)
An industrial/commercial user seeking to be
covered by a general permit shall make the request for inclusion in
writing. The written request shall include:
[1]
A description of the production processes to
be included;
[2]
The type of wastes generated;
[3]
The monitoring location or locations where all
wastewaters will be monitored;
[4]
A finding that the user falls within the category
of facilities covered by the general permit;
[5]
An indication of whether the user is seeking
a monitoring waiver for pollutants that are not present (Note: Such
waiver is not effective in the general permit until notification from
the department that such a waiver has been granted); and
(d)
Enforcement of the provisions of the general
permit shall be consistent with the Kent County Enforcement Response
Plan detailed in Appendix A to this chapter of the Kent County Code.[3]
[3]
Editor's Note: Appendix A is included at the end of this chapter.
(e)
The POTW will develop each general permit. It
will provide a notice that it is available and post the general permits
on the County Web site at www.co.kent.de.us. The general permit will
specify the criteria or conditions that make a user eligible for coverage.
The general permit shall include:
[1]
Statement of duration;
[2]
Statement of nontransferability without prior
notification to the POTW;
[3]
Effluent limits, including BMPs, based on applicable
general pretreatment standards, categorical pretreatment standards,
local limits and state and local laws;
[4]
Self-monitoring, sampling, reporting and recordkeeping
requirements, including appropriate sampling locations;
[5]
A statement of applicable civil and criminal
penalties for violations covered under the Enforcement Response Plan;
and
(f)
The POTW will maintain the general permit file
for a period of three years after expiration of the general permit
and include within the file the individual requests for inclusion
and the basis for determining inclusion of specific users within the
general permit.
(2)
SIU permits.
(b)
A permit application must be provided before approval to discharge to the Kent County sewer system can be given. The application shall follow the requirements of § 180-12C. The permit shall be consistent with the requirements of § 180-12B(2)(c).
(d)
Enforcement of the provisions of the IWD permit
shall be consistent with the Kent County Enforcement Response Plan
detailed in Appendix A to this chapter of the Kent County Code.
(e)
The POTW will develop each individual IDW permit.
The permit shall include:
[1]
Statement of duration;
[2]
Statement of nontransferability without prior
notification to the POTW;
[3]
Effluent limits, including BMPs, based on applicable
pretreatment standards, categorical pretreatment standards, local
limits and state and local laws;
[4]
Self-monitoring, sampling, reporting and recordkeeping
requirements, including appropriate sampling locations;
[5]
A statement of applicable civil and criminal
penalties for violations covered under the Enforcement Response Plan;
and
(f)
The POTW will maintain the permit file for a
period of three years after expiration of the permit and include within
the file the individual applications, monitoring results, and any
correspondence and other permit actions, as well as any required studies,
including slug control plans.
(g)
Nonsignificant categorical industrial users
(NSCIU). An NSCIU shall be any categorical user whose industrial discharge
subject to a categorical standard is less than or equal to 100 gallons
per day. To be listed as an NSCIU, a facility must have been in compliance
with the applicable categorical standard prior to being listed, and
must request inclusion in the program in writing. No IWDP shall be
issued for an NSCIU. The NSCIU shall certify annually that its flow
meets the definition of an NSCIU, and that it is in compliance with
the appropriate categorical pretreatment standard. If the NSCIU no
longer meets the definition, the facility becomes an SIU and is subject
to the IWDP requirements. The NCSIU must still meet all of the categorical
standards, but will not be actively monitored by the POTW. The POTW
shall review the annual certifications and determine whether the NSCIU
may continue in the program. The POTW will publish on its Web site,
www.co.kent.de.us, a list of all approved NSCIUs. Failure to properly
certify the information will result in implementation of the ERP.
(h)
Middle-tier categorical industrial user (MTCIU).
A MTCIU is an industrial facility which has a categorically regulated
flow between 100 gallons per day and 5,000 gallons per day, or 0.01%
of the design dry-weather hydraulic capacity of the POTW, whichever
is smaller; 0.01% of the design dry-weather organic treatment capacity
of the POTW; and 0.01% of the maximum headworks loading for any pollutant
for which approved local limits were developed by the POTW. An IWDP
shall be issued to the MTCIU. The MTCIU shall report sampling data
once per year and shall be inspected once every two years. This does
not preclude the POTW from more frequent sampling. The MTCIU shall
request inclusion in the category in writing. The MTCIU shall demonstrate
at least two years of prior compliance with the definition. The MTCIU
shall monitor daily categorically regulated flow, and notify the POTW
if the criteria for inclusion are exceeded. Failure to properly certify
the information will result in implementation of the ERP.
C.
Permit application. Users that are required to obtain an industrial wastewater discharge permit (including a general permit) shall complete and file with the Public Works Director an application on the forms prescribed by the Public Works Director. Proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. Permit application fees are as outlined in Chapter 128 of the Kent County Code.
(1)
In support of the application, the user shall submit,
in units and terms appropriate for evaluation, the following information:
(a)
Name, address and location (if different from
the address).
(b)
SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended, or
the appropriate North American Industrial Classification System (NAICS)
codes.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in § 180-10 of 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.
(d)
Time and duration of contributions.
(e)
Average daily and three-minute peak wastewater
flow rates, including daily, monthly and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation.
(g)
Description of activities, facilities and plant
processes on the premises, including all materials which are or could
be discharged.
(h)
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.
(i)
Pollutants not present: provide data to support
a waiver of monitoring for any pollutants that are not present nor
expected to be present at levels greater than that of intake water,
if subject to a categorical pretreatment standard. Data must be from
samples that are taken prior to any pretreatment and representative
of all process wastewater. If a waiver is sought, the request must
be in writing.
(j)
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. The following
conditions shall apply to this schedule:
[1]
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 contract for major components, commencing construction,
completing construction, etc.).
[2]
No increment referred to in Subsection C(1)(j)[1] shall exceed nine months.
[3]
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 Public Works Director, including, as a minimum,
whether or not 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 nine months elapse between such progress
reports to the Public Works Director.
(k)
Each product produced by type, amount, process
or processes and rate of production.
(l)
Type and amount of raw materials processed (average
and maximum per day).
(m)
Number and type of employees, and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system.
(n)
Any other information as may be deemed by the
Public Works Director to be necessary to evaluate the permit application.
(o)
A listing of all environmental permits issued
to the facility.
(2)
The application shall be signed by an authorized representative of the industrial user and shall be certified by the authorized representative or by an independent engineer and containing the following statement: "I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of law that this information was obtained in accordance with the requirements of 40 CFR 403.6(a) or this Chapter 180, Sanitary Standards, of the County Code. Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is 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."
(3)
The Public Works Director will evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the Public Works Director may
issue an industrial wastewater discharge permit subject to terms and
conditions provided herein or may deny new or increased contributions
of pollutants.
D.
Permit modifications.
(1)
Within nine months of the promulgation of a National
Categorical Pretreatment Standard, the wastewater contribution permit
of users subject to such standards shall be revised to require compliance
with the 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, the user shall apply for an industrial
wastewater discharge permit within 180 days after the promulgation
of the applicable National Categorical Pretreatment Standards. In
addition, the user with an existing industrial wastewater discharge
permit shall submit to the Public Works Director, within 180 days
after the promulgation of an applicable federal Categorical Pretreatment
Standard, all required information.
(2)
An SIU may, at any time during the permit cycle, submit a permit modification request with appropriate backup justification and payment of the applicable fees as required under Chapter 128, Table 128-I-1. The Public Works Director, or his/her designee, may approve the modification, provided no modifications to Table 180-II-1 are required. If the request requires a modification of Table 180-III-1, it must be endorsed by the Public Works Director, and Levy Court must approve any change by a majority vote.
E.
Permit conditions. Wastewater discharge permits (both
IWD and general) shall be expressly subject to all provisions of this
chapter, specific pretreatment standards and requirements, and all
other applicable regulations, user charges and fees established by
the Levy Court of Kent County. Permits shall contain the following,
if applicable:
(1)
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
(2)
Limits on the average and maximum wastewater constituents
and characteristics, either as mass-based or concentration-based limits.
(3)
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
(4)
Requirements for installation and maintenance of the
inspection and sampling facilities.
(5)
Specification for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and a reporting schedule as detailed in § 180-12H.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or
discharge reports.
(8)
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Public Works
Director, and affording the Public Works Director access thereto.
(9)
Requirements for notification and prior approval of
the Public Works Director of any new introduction of wastewater constituents
or any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater treatment system,
including but not limited to changes from the initial notification
required under this chapter.
(10)
Requirements for notification and control of
accidental or slug discharges, and the need for a slug control plan.
A need for a slug control plan shall be made at the time of permit
issuance or renewal by the POTW. This will occur when the permit application
has been received. The SIU shall notify the POTW immediately of any
changes at its facilities which may affect the potential for a slug
discharge, whether or not a slug control plan has been prepared. A
slug control plan will be required for any IU that has experienced
a slug discharge.
(11)
Applicable civil and criminal penalties as detailed in § 180-14 of this Sanitary Code and the Enforcement Response Plan (ERP) included as Appendix A to this code.[4] Compliance schedules resulting from violations shall not
extend the time for compliance beyond that time required by applicable
federal and state laws and this code.
[4]
Editor's Note: Appendix A is included at the end of this chapter.
(12)
Best management practices (BMPs) may be used in lieu of numeric limits. If a categorical standard requires a BMP it shall be incorporated into the IWDP. BMPs may also serve as a local limit. Compliance with BMPs included in the permit shall be covered under § 180-12H, and noncompliance shall be covered by the ERP. BMPs shall be detailed in the general or IWD permits. BMP compliance records shall be covered as required under § 180-12H. A BMP shall include the following elements in order to be enforceable:
(a)
A specific notice to the IU of the BMP requirements
and enforceability of the BMP to be included within the IWD or general
permit;
(b)
Provide criteria and specifications for the
installation of treatment systems required under the BMP;
(c)
Requirements for or prohibitions on certain
practices, activities or discharges;
(d)
Requirements for operations and maintenance
of treatment units;
(e)
Timeframes associated with key BMP activities;
(f)
Compliance certification, reporting requirements
and record retention requirements;
(g)
A provision for reopening or revoking the BMP
conditions; and
(h)
Other requirements as determined by the POTW.
(13)
Numeric permit limits. All numeric permit limits shall be established mass-based. The mass limit shall be based upon the actual average daily flow for the covered discharges. For CIUs who have concentration-based limits under the pretreatment standards, equivalent mass-based limits shall be established. Where the flow is too variable, concentration-based limits may be used. The applicable industries shall include the OCPSF, petroleum refining, and pesticide chemicals categories, and others as determined by the POTW. If a CIU seeks a concentration-based limit, it shall request it in writing with proper justification, including maximum and average daily flow data covering at least one year prior to the request. Dilution shall not be used as a substitute for treatment. Monitoring requirements shall be as detailed in § 180-12H.
(14)
Pollutants not present: provide a waiver for
those pollutants covered under a categorical pretreatment standard
which have been shown to not be present nor expected to be present
above levels in the CIU's intake water. This waiver does not apply
to any baseline monitoring report or ninety-day compliance report.
The IU must continue to monitor for the waived pollutants until incorporated
into the general or IDW permit. The POTW will maintain a record of
its decision to grant the waiver for a minimum of three years after
expiration of the waiver. The waiver is valid only for the duration
of the permit, and must be reapplied for prior to permit renewal.
If the IU discovers the waived pollutant(s) to be present or suspected
to be present, it must immediately notify the POTW. The permit will
include a listing of all applicable categorical standards, including
those that are waived. The waiver does not replace any certification
required by the categorical standards.
(15)
Net/Gross calculations. If requested in writing
before issuance of an IWDP, categorical pretreatment standards could
be adjusted on a "net" basis if either the pretreatment standard allows
such an adjustment or the CIU demonstrates its control system meets
the applicable pretreatment standards. The request shall include representative
intake water samples that show the influent levels of the parameter
to be covered by the net calculation.
(16)
Other conditions as deemed appropriate by the
Public Works Director to ensure compliance with this chapter.
F.
Permit duration. Permits (including all general 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 Public Works Director during the term of the permit as limitations
or requirements are modified or for other just cause. The user shall
be informed of any proposed changes in his 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.
G.
Permit transfer. Wastewater discharge permits (including
all general 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 Public Works
Director. Any succeeding owner or user shall also comply with the
terms and conditions of the existing permit until such time as a permit
is issued to the new owner/operator.
H.
Monitoring and reporting requirements for permittees,
including all self-monitoring.
(1)
Compliance date report. A compliance date report shall be considered a baseline monitoring report (BMR) when it is submitted by an industry regulated by categorical pretreatment standards and shall conform to the requirements of 40 CFR 403.12(b)(1) through (7) or 40 CFR 403.12(b)(1) through (5) in the case of new sources. 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 POTW, any user subject to pretreatment standards and requirements shall submit to the Public Works Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and regulations and the average and maximum daily flow for these process units in the user 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. This report shall contain a certification by an authorized representative of the industrial user or by an independent engineer containing the statement included in § 180-12C(2).
(2)
Periodic compliance (monitoring) reports.
(a)
Any permit issued under this code shall require
periodic compliance reports. These reports shall be detailed in the
permit and are to be submitted to the Public Works Director via the
appropriate page of the Kent County Public Works Web site. Each time
a report is submitted via the Web site, the page requires that the
user agree to the certification included on the page as a part of
the submittal. By January 31 of each year, a signed written certification
by an authorized representative of the industrial user shall be submitted
to the Public Works Director containing the statement included in
§ 180-12(C)(2). In addition, this annual certification statement
should provide the name of the representative of the permittee who
is authorized to submit the data via the Web site. This authorized
representative must be allowed to certify to the accuracy of the information,
as required by the Web page. If the authorized Web site representative
is changed, the new name must be provided in writing by the permittee
immediately upon making the change. If the Web site is inaccessible,
the report shall be in writing and include the appropriate certification.
(b)
Any 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
POTW, shall submit to the Public Works Director via the appropriate
page on the Kent County Public Works Web site a quarterly report indicating
the nature and concentration of pollutants in the effluent for which
self-monitoring requirements have been incorporated in the user's
industrial wastewater discharge permit. Sampling shall be performed
during the period covered by the report at the frequency specified
in the user's industrial wastewater discharge permit. Chain of custody
forms are required for all analyses not performed in the user's laboratory
and are to be kept on file by the industrial user and made available
to representatives of the Public Works Director upon request.
[1]
If a user subject to self-monitoring requirements
through its industrial wastewater discharge permit monitors any pollutant
more frequently than required, the results shall be reported via the
Kent County Public Works Web site.
[2]
If sampling performed by a user indicates a
violation, the user shall notify Kent County 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 Kent
County Department of Public Works, Engineering Division, within 45
days after becoming aware of the violation. The repeat sampling would
not be required in the event that the user samples at a frequency
of monthly or more frequently for the parameter in violation.
[3]
In addition, a record of all daily flows shall
be reported via the Kent County Public Works Web site. At the discretion
of the Public Works Director and in consideration of such factors
as local high or low flow rates, holidays, budget cycles, etc., the
Public Works Director may agree to alter the months during which the
above reports are to be submitted. If the Web site is inaccessible,
the report shall be in writing and include the appropriate certification.
(c)
BMP compliance reports, self-monitoring reports
and certifications detailed within either the general or IWD permits
shall be submitted within 45 days of the due date. Failure to provide
the required information will be handled through the ERP.
(d)
The Public Works Director may impose mass limitations
on users which are using dilution to meet applicable pretreatment
standards or requirements or in other cases where the imposition of
mass limitations is appropriate. In such cases, the report shall indicate
the mass of pollutants regulated by pretreatment standards in the
effluent of the user and be reported via the Kent County Public Works
Web site. 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 Public Works Director,
of pollutants contained therein which are limited by the applicable
pretreatment standards. The frequency of monitoring shall be prescribed
in the applicable pretreatment standard.
[1]
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. If the Web site is inaccessible, the report shall be
in writing and include the appropriate certification.
[2]
(Comment: 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.)
(e)
All records of information obtained pursuant
to monitoring activities required by this code and any additional
records of information obtained pursuant to monitoring activities
undertaken by the permittee independent of such requirements shall
be retained for a minimum of three years and made available for inspection
and copying. Records shall include the date, exact place, method,
and time of sampling, and the name(s) of the person(s) taking the
samples; the date analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such
analyses. This period shall be automatically extended for the duration
of any litigation concerning the user of Kent County, or where the
permittee has been specifically notified of a longer retention period
by the Director of Public Works.
(f)
Sampling and monitoring requirements.
[1]
The general or IWD permit shall detail specific
monitoring requirements for all parameters for which limits have been
established. The limits shall require either composite or grab samples
as deemed appropriate by the POTW. The permit will specify the test
method, sampling protocol and testing frequency for each parameter.
[2]
Grab samples are required for certain parameters,
specifically pH, temperature, cyanide, total phenols, oil and grease,
sulfide and volatile organic compounds, unless the discharge is of
limited duration during any one day. Samples shall be taken using
four individual grabs over a twenty-four-hour period. Samples for
cyanide, total phenols, sulfides, oil and grease and volatile organic
compounds may be composited prior to analysis in the laboratory. Samples
for pH, temperature and total residual chlorine may not be composited.
All monitoring samples that are analyzed shall be reported to the
POTW. For those facilities that do not discharge on a twenty-four-hour
day, the samples must be collected at equally spaced intervals during
the period that process wastewater is being discharged. All samples
shall be representative of the process wastewaters being discharged.
I.
Pretreatment.
(1)
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 regulation. 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 Public Works Director for review,
and shall be acceptable to the Public Works Director before construction
of the facility. The review of such plans and operating procedures
will in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent acceptable to the
Public Works Director 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 Public Works Director prior
to the user's initiation of the changes.
(2)
The Public Works Director shall annually publish in
a newspaper of statewide distribution a list of the industrial users
which were in significant noncompliance (SNC), as defined in the Enforcement
Response Plan, with applicable pretreatment standards or other pretreatment
requirements during the 12 previous months, as required by 40 CFR
403.8(f)(2)(vii). The notification shall also summarize any enforcement
actions taken against the user(s) during the same 12 months. All records
relating to compliance with pretreatment standards shall be made available
to officials of the EPA, DNREC or County upon request.
J.
Confidential information. Information and data on
a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be 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. 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 request to governmental agencies
for uses related to this chapter, the National Pollutant Discharge
Elimination System (NPDES) permit, state disposal system permit and/or
the pretreatment program. Wastewater constituents and characteristics
will not be recognized as confidential information. Information accepted
by the Public Works Director as confidential shall not be transmitted
to the general public by the Public Works Director until and unless
a ten-day notification is given to the user.
K.
Charges and fees.
(1)
The Public Works Director may adopt, subject to approval
of the Levy Court, a schedule of charges and fees associated with
the industrial wastewater discharge permits which may include:
(a)
Fees for reimbursement of costs of setting up
and operating the County's pretreatment program.
(b)
Fees for monitoring, inspections and surveillance
procedures.
(c)
Fees for reviewing accidental discharge procedures
and construction.
(d)
Fees for permit applications.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal (by the County)
of pollutants otherwise subject to federal pretreatment standards.
(g)
Other fees as the Public Works Director may
deem necessary to carry out the requirements contained herein.
L.
Monitoring facilities. The Public Works Director may
require any industrial user to provide and operate at the user's own
expense monitoring facilities to allow inspection, sampling and flow
measurement of the building sewer and/or internal drainage systems.
The monitoring facility shall normally be situated on the user's premises,
but the Public Works Director may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles. There shall be
ample room in or near such sampling manhole or facility to allow accurate
sampling and preparation of samples for analysis. The facility, sampling
and measuring equipment shall be maintained at all times in a safe
and proper operating condition at the expense of the user. Whether
constructed on public or private property, the sampling and monitoring
facilities 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.
M.
Inspection and sampling; right to entry.
(1)
The Public Works Director may inspect or investigate
any part of the facilities of any industrial user of the County sanitary
conveyance system to ascertain compliance with requirements of the
chapter or other applicable rules, regulations or permits. Persons
or occupants of premises of an industrial user shall not deny representatives
of the County ready access to all parts of the premises for purposes
of inspection, sampling, records examination, copying of records and/or
reports or other requirements of their duties. Authorized representatives
of the Kent County Department of Public Works, Engineering Division,
shall be permitted access without delay during scheduled or unscheduled
site visits during any time an industrial user is generating, storing
or discharging waste fluids. The County, approval authority and (where
the NPDES state is the approval authority) EPA shall have the right
to set up on the user's property such devices as are necessary to
conduct sampling inspection, compliance monitoring and/or metering
operations. Access denial or delays, for any reason which effectively
inhibits the County from obtaining representative site information
shall constitute a violation of this chapter. In the event of access
denial or delay, the Public Works Director may obtain and execute
a search warrant and conduct site examinations under such warrant.
The industrial user shall prepare in advance all arrangements regarding
security and safety. For the purposes of records examination only,
authorized representatives of the County shall be permitted access
without delay during the hours of 8:30 a.m. to 4:30 p.m., Monday through
Friday.
(2)
The Public Works Director may inspect commercial or institutional facilities that utilize oil or grease traps when probable cause has been determined or in compliance with the oil and grease program outlined in § 180-13. Events that may contribute to probable cause with regard to such inspections are complaints, objectionable odor, partial or complete line blockages resulting in impeded flow and/or visible oil or grease immediately downstream of the trap, reports that minimum or correct servicing is not being performed, trap servicing receipts not received by the Public Works Director within 30 calendar days of service or failure to install and maintain an oil or grease removal system as required by § 180-13. For the purposes of oil or grease trap inspection, the Public Works Director or his duly authorized designee shall have ready access to facilities utilizing oil or grease traps during the facility's normal business hours.
N.
No statement contained in this article shall be construed
as preventing any special agreement or arrangement between the contract
users concerned, whereby an industrial waste of unusual strength or
character may be accepted by the County for treatment, subject to
payment therefor by the industrial concern. All special agreements
must:
O.
All of the preceding standards are to apply at the
point where the industrial wastes are discharged into the public sanitary
sewage system or at a point specified by the Public Works Director,
and any chemical or mechanical corrective treatment required must
be accomplished to practical completion before the wastes reach that
point. The laboratory methods used in the examination of all industrial
wastes shall be those set forth in Methods for Chemical Analysis of
Water and Wastes, EPA 600/4-79-020, revised March 1984; 40 CFR 136,
as published in 51 FR 23692 (June 30, 1986), and 49 FR 43234 October
26, 1984) with corrections in 50 FR 690 January 4, 1985); or Standard
Methods for the Examination of Water and Wastewater, 17th Edition,
APHA-AWWA-JWPCF, 1989. However, alternate methods for the analysis
of industrial wastes may be used subject to mutual agreement between
the Levy Court and the producer of such wastes. The frequency of monitoring
to be conducted by applicable industrial users will be as specified
in the industrial user permit. The frequency and extent of industrial
self-monitoring will be specified as required by 40 CFR 403 regulations.
Industries granted an industrial user permit by Kent County will be
monitored by the County on an annual basis to assure compliance with
40 CFR 403 regulations. Additional monitoring may be conducted by
the County in instances where industrial dischargers may be suspected
of violating pretreatment regulations or contributing to upset conditions
at the County POTW treatment plant. The costs of additional monitoring
and analyses may be billed to an industrial contract user or to the
municipality in which the industry is located if the analyses indicate
the discharge is in violation of this chapter.
P.
Surcharge for certain industrial wastes.
[Amended 7-10-2012 by Ord. No. 12-15]
(1)
There is hereby imposed upon all significant industrial users (SIUs) the following industrial waste surcharge. Although the KCRWTF will be capable of treating certain industrial wastes, the actual treatment may increase the cost of operating and maintaining the treatment system. Therefore, there will be imposed upon each SIU that exceeds the threshold listed under § 180-12P(2), a surcharge to cover such costs. Such surcharges shall be in addition to the uniform rate per 1,000 gallons for contract users, or the uniform rate per 1,000 gallons for municipal contract users paid by the SIU.
(2)
Industrial waste surcharge threshold and surcharge
rates.
Parameter
|
Notification Level
(mg/l)
|
Action Level
(mg/l)
|
Enforcement Level
(mg/l)
|
---|---|---|---|
Total oxygen demand (TOD)
|
Historical average + 1 standard deviation
|
Historical average + 2 standard deviations
|
Historical average + 3 standard deviations
|
Surcharge rates
|
$0.25/pound
|
$0.50/pound
|
(3)
Notification
level.
(a)
Once an SIU reaches notification level, it must notify the Department
of Public Works, in writing, within seven days and provide a determination
of the cause of the exceedances and possible solutions within 30 days.
(4)
Calculation of surcharge.
(a)
Surcharges shall be based upon the average of
all monthly monitoring conducted. Total oxygen demand (TOD) shall
be defined as either that value determined by laboratory analysis
using ASTM Testing Method D6238-98 (2003), or by calculating it from
the following formula:
TOD = COD + 4.57 * TKN, where
| |
TOD is the concentration of total oxygen demand
(mg/l)
| |
COD is the concentration of chemical oxygen
demand (mg/l) as determined by ASTM Testing Method D1252-00, and
| |
TKN is the concentration of total kjeldahl nitrogen
(mg/l) as determined by ASTM Testing Method D3590-02.
|
(b)
An actual pounds per month value shall be obtained
using the following formula:
Actual pounds/month = total monthly flow (MG)
x Average sample TOD concentration x 8.34
| |
Where total monthly flow shall be provided by
the SIU and represents the flow for the covered calendar month.
|
(c)
The surcharge rate shall be applied to the difference
between the actual pounds/month (up to the action level pounds/month)
and the surcharge pounds per month; the action level surcharge rate
shall be applied to the difference between the actual pounds per month
(up to the enforcement level pounds per month) and the action level
pounds per month; and the enforcement level surcharge shall be applied
to the difference between the actual pounds per month and the enforcement
level pounds per month.
(d)
The flow for calculating the mass loading for the various levels
to be included in the permit under this section shall be the maximum
daily flow values as described in Section 2.1 of the industrial wastewater
discharge permit.
(5)
Billing of surcharge.
(a)
The total surcharge fee shall be the sum of the action and enforcement
level fees.
(b)
The surcharge shall be billed to the SIU quarterly and will be due
within 60 days of receipt of the bill.
(c)
The amount billed shall be the sum of the prior three months' surcharges, if any, as determined by calculating the appropriate surcharge level times the rate as determined by the sampled level and detailed in the table included as § 180-12P(2).
(d)
Failure to pay any surcharge bill within the prescribed time will
be issued a civil penalty as described under the Enforcement Response
Plan. Adjustments shall be made only when requested in writing and
submitted to the Public Works Director.
(6)
Enforcement level.
(a)
Exceedance of the pounds above the enforcement level when determined
based upon the maximum permitted flow and the average concentration
for the covered month more than once per quarterly billing period
shall also result in enforcement actions taken against the SIU following
provisions of the Enforcement Response Plan as detailed in Appendix
A to this chapter.[5]
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
Q.
Pretreatment Environmental Excellence Program (PEEP).
(1)
For all significant industrial users who adopt and
implement an Environmental Management System (EMS) equivalent to the
format covered under ISO 14001 for their pretreatment facilities,
they may be offered:
(a)
A fifty-percent reduction in all application fees required under this subsection of Chapter 180.
(b)
A fifty-percent reduction in all surcharge fees
that may apply to the facility under § 180-120.
(c)
Up to a fifty-percent reduction in fines associated with administrative orders issued pursuant to the Enforcement Response Plan (ERP) in Appendix A to Chapter 180, provided violations were discovered through the EMS and no danger to human health or the environment resulted form the covered violation(s).
(d)
Eligibility for an Environmental Excellence
Award to be given once every two years to SIUs performing exceptionally
under this chapter of the Kent County Code.
(e)
Reduced sampling frequencies for all parameters,
except those used to calculate the TOD surcharge (COD, TKN).
(2)
All self-verified EMSs shall be submitted to Kent
County Public Works for verification that they meet the criteria set
forth under the ISO standard.
(3)
Verification by a third party shall be sufficient
to result in an approved EMS.
(4)
SIUs participating in this program shall maintain
the EMS for as long as they seek eligibility under this program. An
annual report shall be submitted to the Kent County Department of
Public Works that provides key EMS information.
(5)
Non-SIUs may seek to participate in this program and
will be subject to the provisions of the program.
(6)
A letter of commitment must be provided by each SIU
who wishes to participate in the program agreeing to implement an
EMS and signed by a responsible party for the SIU. This letter shall
be drafted by the Kent County Department of Public Works (DPW).
(7)
The provisions covered in this section are not available
to any SIU where the requirement for an EMS has been imposed by the
Kent County Department of Public Works through any legal instrument,
including an administrative order or a consent decree. However, the
provisions may be applied to a covered SIU after the required EMS
has been operating for at least one year and if provided for in writing
by the Kent County DPW.
[Amended 3-8-2005 by Ord. No. 05-03; 5-22-2007 by Ord. No.
07-17]
A.
Purpose. Fats, oil and grease (FOG) from food service
facilities have a significant impact on the operations of the sewer
lines, pump stations, wastewater treatment facilities and other associated
appurtenances. It is necessary to provide control for oil and grease
to protect County property. Oil/Water separators that treat petroleum-based
oils and greases are exempt from this section of the requirements.
B.
For all new and existing food service facilities,
grease, oil and/or sand interceptors and traps shall be provided for
the proper handling of FOG liquid wastes, or any flammable wastes,
sand and other harmful ingredients; except that such interceptors
shall not be required for private living units. All interceptors shall
be of a type and capacity approved by the Delaware Department of Health
and Social Services, and shall be located so as to be readily and
easily accessible for cleaning and inspection.
C.
Yellow grease, as defined previously, shall be recycled
to the maximum extent practicable using a permitted rendering company.
D.
FOG interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gas-tight and watertight. They shall be designed as outlined in § 180-20.
E.
Where installed, all grease, oil and sand interceptors
shall be permitted under the provisions of this code and maintained
by the owner, at his/her expense, in continuously efficient operation
at all times and shall be readily accessible and open to inspection
by the County at any time, and as required in the permit.
F.
Cleaning and maintenance.
[Amended 7-10-2012 by Ord. No. 12-15[1]]
(1)
Commercial
or institutional facilities that utilize subfloor or exterior-located
FOG interceptors and/or traps as an oil or grease removal device prior
to wastewater discharge to the County's sanitary sewer shall have
each trap serviced at least once every month, or more frequently as
specified in the permit or required to maintain the operability of
the unit, to remove and dispose of oil or grease. If past experience
has indicated that a less frequent cleaning is sufficient, then the
permit may reflect this less stringent cleaning frequency. Such information
shall be provided by the permittee as a part of its application.
(2)
All
the interceptors shall be serviced by a grease hauler licensed by
the State of Delaware to transport such waste, and traps may be serviced
by either a licensed hauler or properly trained FSF employees. A grease
trap/interceptor maintenance log, to be designed by the Public Works
Director, shall be kept. The log shall contain, at a minimum, the
date, time cleaned, name of authorized grease hauler, and quantity
of grease removed. This log shall be prominently displayed at the
facility, and made available for inspection upon request.
(3)
All
service receipts and maintenance records shall be kept on file by
the food service facility for a minimum of two years, and made available
for inspection if requested by the County. The service receipt shall,
at a minimum, contain the name and address of the facility serviced,
the volume of the waste removed, the date/time of service and the
name of the waste hauler providing service.
(4)
Facilities failing to maintain service receipts, the maintenance log, or failing to have oil or grease traps serviced as provided in this section shall be subject to penalties as provided in § 180-14G of the Code. Facilities which knowingly provide false information with regard to providing service receipts are subject to the provisions of § 180-14G of the Code.
G.
The use of any chemical, enzyme, emulsifier, live
bacteria or other grease cutters or additives designed to liquify,
eliminate or in any way reduce the presence of grease shall not be
permitted without the written approval of the Environmental Program
Manager. Requests to use such material must be in writing and include
a MSDS of the material, method and timing of use, and composition
of the material. Permission to use such materials may be withdrawn
at any time. For facilities unable to install a grease trap or interceptor,
the information shall be provided as a part of the food service facility
permit application.
H.
The use of grease decanting, where the material is
collected in a tank truck and allowed to decant before returning the
liquid back to the grease trap, is not permitted. Removal of grease
from the interceptor or trap must be complete, and include all liquid
and solids from the interceptor and/or trap.
I.
Inspection. The County has the right to inspect all
food service facilities on a scheduled or unscheduled basis. The food
service facility shall allow the inspector the right of entry to areas
where the grease is generated. Any reinspection shall incur an additional
cost of $100. A yearly inspection shall be conducted for all permitted
facilities to ensure compliance. Inspections shall also be conducted
when new or replacement interceptors are installed. When the County
performs an inspection, a record of the inspection shall be left with
the food service facility. The record will note any deficiencies and
recommended corrective actions.
J.
Repairs. Each food service facility shall be responsible
for the cost and scheduling of all repairs to its grease interceptor(s)
or traps. Repairs required under a permit shall be completed within
14 calendar days of the written notice requiring such repairs.
K.
Food service facility FOG interceptor and trap permits.
(1)
All food service facilities, as defined in § 180-5, shall obtain a permit under the provisions of this code.
(2)
Permit applications shall be provided on forms prescribed
by the Public Works Director and submitted within one year of the
effective date of this section or within three months of the oil and
grease interceptor being installed. All permits will be effective
beginning two years after the effective date of this section, and
permit conditions shall be met within three years of the effective
date of this section.
(3)
The permit application shall list the name, address
and telephone number of the applicant and owner of the food service
facility, a description of the activities that generate grease, a
drawing of the trap and/or interceptor, the number of employees, shifts
and hours of operation, and a grease interceptor/trap maintenance
plan. It shall be signed by an authorized representative of the owner.
(4)
The appropriate application fee shall be as outlined in Chapter 128 and must accompany the application. Applications fees for interceptors may be waived if the FSF contracts with an interceptor management system contractor for maintenance of the interceptors. The Department must be provided with a copy of said contract. Alternatively, the FSF may attend an advanced FOG training class offered by the Department at least once during the permit period in order to have the application fee waived.
(5)
Permits will be issued for a three-year period beginning
January 1 of a calendar year and expiring December 31 of the third
year and must be renewed triannually. An application for a renewal
shall be submitted 60 days prior to the expiration of the current
permit.
(6)
The permit is issued to a specific owner for a specific
operation and shall not be transferred to another owner under any
circumstances, nor for a change in operations. A change in operations
or a new owner is required to apply for a new permit.
(7)
The permit shall be displayed in a prominent location
where it can be seen by the staff of the food service facility and
a copy must be kept on file.
(8)
The County may modify any permit condition during
the term of the permit.
(9)
Each permittee shall receive a copy of the Fats, Oils
and Grease Best Management Practices Manual and should follow the
procedures outlined in the document. However, the practices contained
within the FOG permit must be followed at all times.
(10)
Records to be kept by the food service facility
shall include all as-built drawings of the plumbing system, a copy
of the permit, all records of inspections, the maintenance log, service
receipts from grease haulers, hauler and disposal information, and
any monitoring data. The file shall be made available to any authorized
inspector upon request. Service and maintenance records shall be kept
for a minimum of two years. Construction records shall be kept for
the lifetime of the unit.
(11)
Municipal contract users will have the authority to enforce the requirements of this code and apply fines for violations of the code as outlined in § 180-14G.
(13)
Grease traps and interceptors are not mandatory
for food service facilities in existence on the effective date of
this regulation who cannot physically install a grease trap or interceptor
at their location, provided they apply for a permit, have a written
professional engineer's opinion that one cannot be installed, have
and continue to maintain a yellow grease recycling contract and provide
an emulsifier, such as a detergent or enzyme product, that keeps the
grease suspended in the wastewater.
(14)
Annual inspections shall be conducted at a random time determined by the County to ensure that provisions of the issued permits are being complied with. If a federal, state or municipal institution has a program in place to allow the County inspector on-site during scheduled events, random inspection will not be required. Failure to comply will subject the permittee to the penalties outlined in § 180-14.
(15)
Food service facilities with interior grease
traps or interceptors must provide their own hose for the removal
of the grease in the traps/interceptors. This hose must be capable
of being connected to a grease hauler truck system located outside
the premises.
L.
The use of food grinders in food service facility
sinks is prohibited since they tend to transport FOG and the resultant
FOG can block piping and cause backups and sanitary sewer overflows,
thus creating serious public health issues.
A.
Harmful contributions. The Public Works Director may
suspend the wastewater treatment service and/or an industrial wastewater
discharge permit when such suspension is necessary, in the opinion
of the Public Works Director, 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, to the environment,
causes interference to the POTW or causes the Levy Court to violate
any condition of its NPDES permit. 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 Public Works Director shall take such steps
as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW system or endangerment to
any individuals. The Public Works Director 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 Public Works Director within
15 days of the date of occurrence.
B.
Revocation of permit. Any user who violates the following
conditions of this chapter, or applicable state and federal regulations,
is subject to having his permit revoked in accordance with the procedures
of this section:
(1)
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge;
(2)
Failure of the user to report significant changes
in operations, or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
C.
Notification of violation. Whenever the Public Works
Director finds that any user has violated or is violating this chapter,
industrial wastewater discharge permit or any prohibition, limitation
or requirements contained herein, the Public Works Director may serve
upon such person a written notice stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the Public Works Director
by the user.
D.
Administrative orders.
(1)
Consent orders. The Public Works Director 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(s)
to be taken by the user to correct the noncompliance within a time
period specified in the document. Such documents shall have the same
force and effect as other administrative orders listed in this section.
(2)
Compliance orders. When the Public Works Director
finds that a user has violated, or continues to violate, any provision
of this chapter, a wastewater discharge permit, or an order issued
hereunder, or any other pretreatment standard, the Public Works Director
may issue an order to the user responsible for the discharge directing
that the user come into compliance within a specified time. If the
user does not come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment facilities,
devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
(3)
Cease-and-desist orders.
(a)
When the Public Works Director finds that a
user has violated, or continues to violate, any provisions of this
chapter, a wastewater discharge permit, or an order issued hereunder,
or any other pretreatment standard or requirement, or that the user's
past violations are likely to recur, the Public Works Director may
issue an order to the user directing it to cease and desist all such
violations and directing the user to:
(b)
Issuance of a cease-and-desist order shall not
be a bar against, or a prerequisite for, taking any other action against
the user.
E.
Legal action. If any person violates pretreatment
standards or any other requirements as contained in this chapter,
any permits or orders issued hereunder, the County Attorney may commence
an action for injunctive relief in a court of the competent jurisdiction.
F.
Violations and penalties for septage and grease trap
waste haulers.
(1)
If any sanitary waste truck discharges waste into
the County sewer system at locations other than those authorized,
his permit may be suspended by the Public Works Director. Suspension
of the permit cancels the right of the operator to discharge wastes
from said truck into the County system. The holder of any suspended
permit shall not be entitled to the return of any part of the fee
paid for said permit. Such suspension shall not be lifted for a minimum
of 30 days and except by the payment by the operator of a fee of $200
and the posting of a bond in the amount of $1,000 guaranteeing future
compliance with these regulations for one year. Said bond shall be
forfeited to Kent County upon any violation of these regulations.
(2)
The Director of Public Works shall have the authority,
upon notice to licensed or permitted septage or grease trap waste
haulers, to set fines for prohibited discharges of no less than $1,000
or no more than $10,000 for each offense and to impose, separately
or in conjunction with said fines, a suspension of any septage or
grease trap waste hauling permit from no less than 10 days to no more
than 30 days. Each day of continued violation shall be considered
a separate violation.
(3)
If the Director of Public Works determines that an
offense meriting a second suspension of a septage or grease trap waste
hauling permit exists, after an initial suspension has been imposed
within the previous three years, the Public Works Director shall determine
whether or not such septage or grease trap waste hauling permit shall
be permanently revoked. After a third offense meriting suspension
has been held to have occurred, the septage or grease trap waste hauling
permit or permits of the septage or grease trap waste hauler involved,
including permits of entities of which he is the owner, shall be revoked.
(4)
Manner of assessment of fines and suspensions. Fines
and suspensions shall be imposed on a graduated basis giving effect
to the number of prior offenses, and the seriousness of each offense,
on the following basis:
(a)
Least serious offenses. For a first violation of the least serious types of offenses (including but not limited to failure to properly submit samples, picking up unpermitted loads, etc.), there shall be a fine of no less than $1,000. Each day of continued violation shall be considered a separate violation. In addition, the hauler will be required to abide by the manifesting provisions included in § 180-11I for a minimum of one year.
(b)
Moderately serious offenses. For a first violation
of a moderately serious type of offense (including but not limited
to interference with proper sampling, failure to properly use the
key card system, discharge of unpermitted materials not on prohibited
list, etc.), there shall be a fine of no less than $3,000 or no more
than $5,000. Each day of continued violation shall be considered a
separate violation.
(c)
Most serious offenses. For a first violation
of the most serious type of offense (verbal or physical threatening
of or intimidation of County employees, discharge of materials on
the prohibited list, intentional falsification of forms), there shall
be a fine of no less than $5,000 and no more than $10,000 and a suspension
of permit for no less than 15 days. Each day of continued violation
shall be considered a separate violation.
(d)
For any violation determined to have been shown,
whether or not contested or established by a hearing, the Public Works
Director shall recover, in addition to any fines or other penalties,
an amount equal to any monies expended by the Department of Public
Works in prosecution of any offense under this section of the Code.
G.
Violation and penalties covering oil and grease interceptor
and trap requirements
(1)
The Director of Public Works shall have the authority,
upon notice to permitted oil and grease interceptors, to set fines
for prohibited discharges of no less than $500 or no more than $10,000
for each offense and to impose, separately or in conjunction with
said fines, a suspension of any oil and grease interceptor permit
from no less than 10 days to no more than 30 days. Each day of continued
violation shall be considered a separate violation.
(2)
If the Director of Public Works determines that an
offense meriting a second suspension of a permit exists, after an
initial suspension has been imposed within the previous three years,
the Public Works Director shall determine whether or not such permit
shall be permanently revoked. After a third offense meriting suspension
has been held to have occurred, the permit shall be revoked.
(3)
Manner of assessment of fines and suspensions. Fines
and suspensions shall be imposed on a graduated basis giving effect
to the number of prior offenses, and the seriousness of each offense,
on the following basis:
(a)
Least serious offenses. For a first violation of the least serious types of offenses (including but not limited to failure to apply for an oil and grease interceptor as required in this Code), there shall be a fine of no less than $500. Each day of continued violation shall be considered a separate violation. In addition, the hauler will be required to abide by the manifesting provisions included in § 180-11I for a minimum of one year.
(b)
Moderately serious offenses. For a first violation
of a moderately serious type of offense (including but not limited
to not maintaining the oil and grease interceptor as required under
the permit, not maintaining the grease removal log, etc.) there shall
be a fine of no less than $3,000 or no more than $5,000. Each day
of continued violation shall be considered a separate violation.
(c)
Most serious offenses. For a first violation
of the most serious type of offense (verbal or physical threatening
of or intimidation of County employees, discharge of materials on
the prohibited list, intentional falsification of forms and applications,
and grease removal log sheets), there shall be a fine of no less than
$5,000 and no more than $10,000 and a suspension of permit for no
less than 15 days. Each day of continued violation shall be considered
a separate violation.
(d)
For any violation determined to have been shown,
whether or not contested or established by a hearing, the Public Works
Director shall recover, in addition to any fines or other penalties,
an amount equal to any monies expended by the Department of Public
Works in prosecution of any offense under this section of the Code.
H.
Criminal prosecution.
(1)
A user who willfully or negligently violates any provisions
of this Code, a wastewater discharge permit, or an order issued hereunder,
or any other pretreatment standard or requirement shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
$5,000 per violation, per day, or imprisonment for not more than one
year, or both. Each day of continued violation shall be considered
a separate violation.
(2)
A user who willfully or negligently introduces any
substance into the POTW which causes personal injury or property damage
shall, upon conviction, be guilty of a misdemeanor and be subject
to a penalty of at least $5,000, or be subject to imprisonment for
not more than one year, or both. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under Delaware law. Each day of continued violation shall
be considered a separate violation.
(3)
A user who knowingly makes false statements, representations,
or certifications in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
Code, wastewater discharge permit, or order issued hereunder, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this Code shall, upon conviction,
be punished by a fine of not more than $5,000 per violation, per day,
or imprisonment for not more than one year, or both. Each day of continued
violation shall be considered a separate violation.
(4)
In the event of a second conviction, a user shall
be punished by a fine of not more than $10,000 per violation, per
day, or imprisonment for not more than one year, or both. Each day
of continued violation shall be considered a separate violation.
(5)
Justices of the Peace or other judges shall not have
the authority to suspend some or all of any fines imposed under this
section of the Code for the moderate or more serious offenses detailed
above.
I.
Any person violating any of the provisions of this
chapter shall become liable to the County for any expense, loss or
damage occasioned the County by reason of such violation.
J.
As an alternative, upon violation of this chapter,
the proper authorities of the County, in addition to other remedies,
may institute any appropriate action or proceedings, including an
injunction to prevent such unlawful use, construction or maintenance
of cesspools, septic tank, sewage disposal systems, pipe or drains,
to restrain, correct or abate such violation, to prevent the occupancy
of any building, structure or land where said violations of this chapter
are found.
K.
If any provision, paragraph, word, section or article
of this chapter is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections and articles
shall not be affected and shall continue in full force and effect.
L.
All other codes and parts of other codes inconsistent
or conflicting with any part of this chapter are hereby repealed to
the extent of such inconsistency or conflict.
M.
Remedies nonexclusive. The remedies provided for in
this Code are not exclusive. The Public Works Director may take any,
all or a combination of these actions against a noncompliant user.
The Public Works Director may take other action against any user when
the circumstances warrant. Further, the Public Works Director is empowered
to take more than one enforcement action against any noncompliant
user.
A.
The Office of the Public Works Director shall utilize the enforcement response plan attached hereto and incorporated herein by this reference to determine the appropriate course of enforcement action for any violation of the Kent County industrial pretreatment program as detailed in § 180-12. The attached enforcement response plan shall be attached to the Kent County Sanitary Code, and shall be deemed a permanent part of the Kent County Sanitary Code.[1]
[1]
Editor's Note: The Enforcement Response Plan
is included as Appendix A at the end of this chapter.
B.
When the Public Works Director finds that a user has
violated or continues to violate any provision of this chapter, a
wastewater discharge permit or other order issued hereunder or any
other pretreatment standard or requirement, the Public Works Director
may petition the court with appropriate jurisdiction through the County'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 Public Works Director
may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall
not be a bar against or a prerequisite for taking any other action
against a user. The Public Works Director shall obtain approvals from
Levy Court prior to initiating any of the above actions.