[Ord. of 4-8-1999, § 1]
It shall be unlawful to discharge, without a permit, to the
POTW or to any public sewer tributary thereto, any wastewater except
as authorized by the Engineer in accordance with the provisions of
this chapter.
[Ord. of 4-8-1999, § 1]
(a)
All industrial users shall complete and file with the City Engineer
an application for a wastewater contribution/discharge permit in the
form prescribed by the Engineer and accompanied by a fee as specified
in Article VII. Existing users shall apply for a wastewater contribution/discharge
permit within 30 days after the effective date of this chapter, and
proposed new sources shall apply at least 90 days prior to connecting
to or contributing to the POTW. In support of the application, the
user shall submit, in units and terms appropriate for evaluation,
the following information:
(1)
Name, address and location of the facility, including
the name of the operator and owner.
(2)
Standard industrial classifications of the operations
carried out by such user.
(3)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in Article VI of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by Section 14 1/2-98 hereof.
(4)
Time and duration of contribution/discharge.
(5)
Average daily and peak wastewater flow rates, in
gallons per day, to the POTW from regulated process streams and other
streams, including daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, floor drains, sewer connections
and appurtenances by the size, location and elevation and all points
of discharge.
(7)
Description of activities, facilities and plant
processes on the premises, including all materials used or stored
at the facility which are or could be accidentally or intentionally
discharged to the POTW.
(8)
The nature and concentration of any pollutants
in the discharge which are limited by any city, state or federal pretreatment
standards or requirements, and a statement reviewed by the user's
authorized representative and certified to by a qualified professional
indicating whether or not the pretreatment standards or requirements
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
or requirements.
(9)
If additional pretreatment and/or O&M will
be required to meet the pretreatment standards or requirements, the
shortest schedule by which the user will provide such additional pretreatment
and/or O&M. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard or requirement; the following conditions shall apply to this
schedule:
a.
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
or requirements (e.g., hiring an engineer, completing preliminary
plans, completing final plans, executing contract for major components,
commencing construction, completing construction, etc.).
b.
No increment referred to in Subsection (a)(9)a shall
exceed nine months.
c.
Not later than 14 1/2 days following each date
in the schedule and the final date for compliance, the user shall
submit a progress report to the Engineer, 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 Engineer.
(10)
Each product produced by type, amount, process
or processes and rate of production.
(11)
Type and amount of raw materials processed (average
and maximum per day).
(12)
Number and type of employees, and hours of operation
of plant and proposed or actual hours of operation of pretreatment
system.
(13)
A list of any environmental control permits held
by or for the facility.
(14)
A brief description of the nature and average
rate of production carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(15)
Any other information as may be deemed by the
Engineer to be necessary to evaluate the wastewater contribution/discharge
permit application.
(b)
The engineer will evaluate the data furnished by the user and
may require additional information. After evaluation and acceptance
of the data furnished, the Engineer shall determine if the applicant
is a significant industrial user. The engineer will issue wastewater
contribution/discharge permits to significant industrial users subject
to the terms and conditions provided herein. The engineer shall notify
other industrial users that a permit is not currently required, but
reapplication must be made:
(1)
Upon any significant process change; or
(2)
Whenever the user is found to be discharging wastewaters
with constituents in greater concentrations than specified in Section
14 1/2h-61 of this chapter; or
(3)
Whenever the user is found to meet the definition
of a significant industrial user; or
(4)
After a specified interval from the date of the
previous application, as determined by the Engineer.
(c)
The engineer may require other users to obtain wastewater contribution/discharge
permits as necessary to carry out the purpose of this chapter.
(d)
Any violation of the terms and conditions of a wastewater contribution/discharge
permit shall be deemed a violation of this chapter and subjects the
wastewater contribution/discharge permittee to the sanctions set out
in Article IX of this chapter. Obtaining a wastewater contribution/discharge
permit does not relieve a permittee of its obligation to comply with
all federal and state pretreatment standards or requirements or with
any other requirements of federal, state and local law.
[Ord. of 4-8-1999, § 1]
(a)
All wastewater contribution/discharge permit applications and
industrial user reports, information or other documentation submitted
to the City Engineer or the wastewater plant manager must contain
the following certification statement and must be signed by an authorized
representative of the industrial user.
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"I certify under penalty of law that this document and all attachments
were prepared under my direction and supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is to the best of my knowledge and belief true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
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(b)
All reports shall be signed as follows:
(1)
By a responsible corporate officer if the industrial
user submitting the reports is a corporation. A responsible corporate
officer means:
a.
A president, secretary, treasurer or vice president
of the corporation in charge of a principle business function or any
other person who performs similar policy or decision-making functions
for the corporation; or
b.
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons, or having
gross annual sales or expenditures exceeding $25 million (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2)
By a partner or proprietor if the industrial user
submitting the reports is a partnership or sole proprietorship, respectively.
(3)
By the principle executive officer or director
having responsibility for the overall operation of the discharging
facility if the industrial user submitting the reports is a federal,
state or local government entity or its agent.
(4)
By a duly authorized representative of the individual
designated in Subsection (b)(1), (2) or (3) of this section if;
a.
The authorization is made in writing by the individual
described in Subsection (b)(1), (2) or (3);
b.
The authorization specifies either an individual
or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well or a well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
c.
The written authorization is submitted to the City
Engineer.
(5)
If authorization under Subsection (b)(4) of this
section is no longer accurate because a different individual or position
has responsibility for the overall operation of facility, or overall
responsibility for the environmental matters for the company, a new
authorization satisfying the requirements of Subsection (b)(4) of
this section must be submitted to the City Engineer prior to, or together
with, any reports to be signed by an authorized representative.
[Ord. of 4-8-1999, § 1]
Residential users are exempt from wastewater contribution/discharge
permit requirements.
[Ord. of 4-8-1999, § 1]
(a)
Within 90 days after the promulgation of a national categorical pretreatment standard, the wastewater contribution/discharge permit of a user subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution/discharge permit, as required by Section 14 1/2-87, the user shall apply for a wastewater contribution/discharge permit within 90 days after the promulgation of the applicable national categorical pretreatment standard. In addition, any user with an existing wastewater contribution/discharge permit shall submit to the Engineer, within 90 days after the promulgation of an applicable federal categorical pretreatment standard, the information required by Subsection (a)(8) and (9) of Section 14 1/2-87 The City Engineer may modify a wastewater contribution/discharge permit during the term of the permit for good cause, including but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state
or local pretreatment standards or requirements;
(2)
To address significant alterations or additions
to the user's operation, processes or wastewater volume or character
since the time of wastewater contribution/discharge permit issuance.
(3)
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge.
(4)
Information indicating that the permitted discharge
poses a threat to the POTW, city personnel or the receiving waters.
(5)
Violation of any terms or conditions of the wastewater
contribution/discharge permit.
(6)
Misrepresentations or failure to fully disclose
all relevant facts in the wastewater contribution/discharge permit
application or in any required reporting.
(7)
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13.
(8)
To correct typographical or other errors in the
wastewater contribution/discharge permit.
(9)
A change in the limitations or requirements as
identified in Article VI of this chapter.
(b)
The user shall be informed in writing of any proposed changes
or modifications in his permit at least 30 days prior to the effective
date of such modification and change. Any changes or modifications
shall include a reasonable time schedule for compliance.
[Ord. of 4-8-1999, § 1]
(a)
A wastewater contribution/discharge permit shall include such
conditions as are deemed reasonably necessary by the City Engineer
to prevent pass-through or interference, protect the quality of the
water body receiving the treatment plant's effluent, protect worker
health and safety, facilitate sludge management and disposal and protect
against damage to the POTW. Wastewater contribution/discharge permits
shall be expressly subject to all provisions of this chapter and all
other applicable regulations, user charges and fees established by
the city.
(1)
Wastewater contributions/discharge permits must
contain:
a.
A statement that indicates wastewater contribution/discharge
permit duration, which in no event shall exceed five years.
b.
A statement that the wastewater contribution/discharge permit is nontransferable, except as provided in accordance with Section 14 1/2-93 of this chapter.
c.
Effluent limits based on applicable general pretreatment
standards, categorical pretreatment standards, local limits and state
and local laws.
d.
Self monitoring, sampling, reporting, notification
and record-keeping requirements. These requirements shall include
an identification of pollutants to be monitored, sampling location,
sampling frequency and sample type based on applicable general pretreatment
standards, categorical pretreatment standards; local limits and state
and local law.
e.
A statement of applicable civil and criminal penalties
for violation of any pretreatment standards and requirements and any
applicable compliance schedule. Such schedule may not extend the time
for compliance beyond that required by applicable federal, state or
local law.
(2)
Permits may contain but need not be limited to
the following conditions:
a.
The unit charge or schedule of user charges and
fees for the wastewater to be discharged to the POTW.
b.
Limits on the average and maximum wastewater constituents
and characteristics.
c.
Limits on the average and maximum rate and time
of discharge or requirements for flow regulations and equalization.
d.
Requirements for installation and maintenance of
inspection and sampling facilities and equipment.
e.
Specifications for monitoring programs which may
include sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule.
f.
Compliance schedules.
g.
Requirements for submission of technical reports
or discharge reports.
h.
Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified by the Engineer,
and affording the Engineer access thereto.
i.
Requirements for notification of the Engineer of
any new introduction of wastewater constituents or any significant
change in the volume or character of the wastewater constituents being
introduced into the POTW.
j.
Requirements for notification of slug load or accidental
discharges.
k.
Requirements for the installation of pretreatment
technology, pollution control or construction of appropriate containment
devices designed to reduce, eliminate or prevent the introduction
of pollutants into the treatment works.
l.
Requirements for the development and implementation
of spill control plans or other special conditions, including management
practices necessary to adequately prevent accidental, unanticipated,
slug or nonroutine discharges.
m.
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW.
n.
A statement that compliance with the wastewater
contribution/discharge permit does not relieve the permittee of responsibility
for compliance with all applicable federal, state and local pretreatment
standards or requirements, including those which become effective
during the term of the wastewater contribution/discharge permit.
o.
Other conditions as deemed appropriate by the Engineer
to ensure compliance with this chapter and state, federal and local
laws, rules and regulations.
(b)
A wastewater contribution/discharge permit shall be issued to a significant industrial user for a specified time period, not to exceed five years from the effective date of the permit. A permit may be issued for a period less than five years. Each wastewater contribution/discharge permit shall indicate a specified date upon which it will expire. The user shall apply for permit reissuance in accordance with Section 14 1/2-87 of this chapter a minimum of 180 days prior to the expiration of the user's existing permit.
[Ord. of 4-8-1999, § 1]
(a)
The engineer may revoke a wastewater contribution/discharge
permit for good cause, including, but not limited to, the following
reasons:
(1)
Failure to provide prior notification to the Engineer of a changed discharge pursuant to Section 14 1/2-103 of this chapter.
(2)
Failure to provide prior notification to the Engineer of a changed condition pursuant to Section 14 1/2-103 of this chapter.
(3)
Misrepresentation or failure to fully disclose
all relevant facts in the wastewater contribution/discharge permit
application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the Engineer or his designee
timely access to the facility premises and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay fines or penalties.
(9)
Failure to pay sewer charges.
(10)
Failure to meet compliance schedules.
(11)
Failure to complete a wastewater survey or the
wastewater contribution/discharge permit application or reapplication.
(12)
Failure to provide notification to the Engineer of problem discharges pursuant to Section 14 1/2-65 of this chapter.
(13)
Violation of any pretreatment standard or requirement,
or any terms of the wastewater contribution/discharge permit or this
chapter.
(b)
Unless provided otherwise by the City Engineer, wastewater contribution/discharge
permits shall be voidable upon cessation of operations or transfer
of ownership of the permitted facility. All wastewater contribution/discharge
permits issued to a particular user are void upon the issuance of
a new wastewater contribution/discharge permit to that user.
[Ord. of 4-8-1999, § 1]
Wastewater contribution/discharge permits are issued to a specified
user for a specific operation. A wastewater contribution/discharge
permit shall not be assigned, transferred or sold to a new owner,
new user, different premises or a new or changed operation without
the approval of the Engineer. Any succeeding owner or user shall also
comply with the terms and conditions of the existing permit.
[Ord. of 4-8-1999, § 1]
(a)
Within 90 days following the date for final compliance with an applicable pretreatment standard or requirement or, in the case of a new source, within 90 days following commencement of the introduction of wastewater into the POTW, any user subject to any pretreatment standards and requirements shall submit to the City Engineer a report containing the information required by Section 14 1/2-95(b)(4), (5) and (7) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.65(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to pretreatment standards or requirements expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
(b)
All reports required under this section must be further signed
and certified in accordance with Section 14 1/2h-88 of this chapter.
[Ord. of 4-8-1999, § 1]
(a)
Within either 180 days after the effective date of a categorical
pretreatment standard or final decision on a category determination
under 40 CFR 403.6(a)(4), whichever is later, existing categorical
users currently discharging to or scheduled to discharge to the POTW
shall submit to the City Engineer a report which contains the information
set forth in Subsection (b)(1) through (8) of this section. At least
90 days prior to commencement of their discharge, new sources, and
sources that become categorical users subsequent to the promulgation
of an applicable categorical standard, shall submit to the City Engineer
a report which contains the information set forth in Subsection (b)(1)
through (5) of this section. A new source shall report the method
of pretreatment it intends to use to meet applicable pretreatment
standards and requirements. A new source also shall give estimates
of its anticipated flow and quantity of pollutants to be discharged.
(b)
Users described above shall submit the following information
as required above:
(1)
Identifying information. The name
and address of facility, including the name of the operator and owner.
(2)
Environmental permits. A list
of any environmental control permits held by or for the facility.
(3)
Description of operations. A brief
description of the nature, average rate of production and standard
industrial classifications of the operations carried out by such user.
This description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated processes.
(4)
Flow measurement. Information
showing the measured average daily and maximum daily flow, in gallons
per day, to the POTW for regulated process streams and other streams,
as necessary, to allow use of the combined wastestream formula set
out in 40 CFR 403.6(e).
(5)
Measurement of pollutants.
a.
The pretreatment standards or requirements applicable
to each regulated process.
b.
The results of sampling and analysis identifying
the nature and concentration, and/or mass, where required by the standard
or by the City Engineer, of regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum and long-term
average concentrations, or mass, where required, shall be reported.
The sample shall be representative of daily operations and shall be
performed and analyzed in accordance with procedures set out in Section
14 1/2h-98 of this chapter. Samples shall be taken immediately
downstream from pretreatment facilities if such exist or immediately
downstream from the regulated process if no pretreatment exists. If
other wastewaters are mixed with the regulated wastewater prior to
pretreatment, the user shall measure the flows and concentrations
necessary to allow use of the combined wastewater stream formula of
40 CFR 403.6(e) in order to evaluate compliance with the pretreatment
standards. Where an alternate concentration or mass limit has been
calculated in accordance with 40 CFR 403.6(e), this adjusted limit
along with supporting data shall be submitted to the City Engineer.
c.
The baseline monitoring reports shall indicate the
time, date and place of sampling and methods of analysis and shall
certify that such sampling and analysis is representative of normal
work cycles and expected pollutant discharges to the POTW.
(6)
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with Section 14 1/2-88 of this chapter.
(7)
Certification. A statement, reviewed
by the user's authorized representative and certified to by a qualified
professional, indicating whether pretreatment standards or requirements
are being met on a consistent basis, and, if not, whether additional
operation and maintenance (O&M) and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(8)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards or requirements, the shortest schedule by which the user will provide such additional, pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard or requirement. A compliance schedule pursuant to this section must meet the requirements set out in Section 14 1/2-87(a)(9) of this chapter.
[Ord. of 4-8-1999, § 1]
(a)
Any user subject to a pretreatment standard and requirement
shall, after the compliance date of such pretreatment standard and
requirement or, in the case of a new source, after commencement of
the discharge to the POTW, submit to the City Engineer at the specified
intervals not to exceed 90 days, unless required more frequently in
the pretreatment standard or requirement, the user's wastewater contribution/discharge
permit or by the City Engineer, a report indicating the nature and
concentration of pollutants in the effluent as required in the user's
contribution/discharge permit. In addition, this report shall include
a record of all daily flows during the reporting period. At the discretion
of the City Engineer, the specified intervals during which the above
reports are to be submitted may be altered.
(b)
The engineer may impose mass limitations on users which are
using dilution to meet an applicable pretreatment standard or requirement,
or in other cases where the imposition of mass limitations are appropriate.
In such cases, the report required by Subsection(a) of this section
shall indicate the mass of pollutants regulated by each pretreatment
standard or requirement in the effluent of the user.
(c)
For industrial users subject to equivalent mass or concentration
limits established by the City Engineer in accordance with 40 CFR
403.6(c), the report required under this section shall contain a reasonable
measure of the user's long-term production rate. For all other industrial
users subject to pretreatment standards expressed only on terms of
allowable pollutant discharge per unit of production (or other measure
of operation) the report required under this section shall include
the user's actual average production rate for the reporting period.
(d)
These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Engineer, of pollutants contained therein which are limited by each applicable pretreatment standard or requirement or are specified in the user's wastewater contribution/discharge permit. The frequency of monitoring shall be prescribed in the applicable wastewater contribution/discharge permit. All analyses shall be performed in accordance with procedures established by Section 14 1/2-98 of this chapter.
(e)
If the sampling performed by the user indicates a violation,
the user shall notify the City Engineer 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 City
Engineer within 30 days after becoming aware of the violation.
(f)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
[Ord. of 4-8-1999, § 1]
(a)
The City Engineer may require the user to provide and operate,
at its own expense, monitoring facilities to allow inspection, sampling
and flow measurement of the user's discharges. The monitoring facility
should normally be situated on the user's premises, but the City Engineer
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.
(b)
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, and the sampling and measuring equipment,
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
(c)
Whether constructed on public or private property, the sampling
and monitoring facilities shall be provided in accordance with the
city's requirements and all applicable local construction standards
and specifications. Construction shall be completed within 90 days
following written notification by the Engineer.
[Ord. of 4-8-1999, § 1]
All sampling and analyses of the characteristics of waters and
wastes to be submitted, or part of a wastewater contribution/discharge
permit application or report, shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto
unless otherwise specified in an applicable pretreatment standard
or requirement. If 40 CFR Part 136 does not contain sampling and analytical
techniques for the pollutant in question, sampling and analysis must
be performed in accordance with procedures approved by the EPA. A
minimum of four grab samples must be used for pH, cyanide, total phenols,
oil and grease, sulfide and volatile organics. For all other pollutants,
twenty-four-hour composite samples must be obtained through flow-proportional
composite sampling techniques where feasible. The City Engineer may
waive flow proportional composite sampling for any industrial user
that demonstrates that flow-proportional sampling is infeasible. In
such cases, samples may be obtained through time-proportional composite
sampling techniques or through a minimum of four grab samples where
the user demonstrates that this will provide a representative sample
of the effluent being discharged.
[Ord. of 4-8-1999, § 1]
(a)
Users subject to the reporting requirements of this chapter
shall retain, maintain and preserve all records of information obtained
pursuant to any monitoring activities required by this chapter and
any additional records of information obtained pursuant to monitoring
activities undertaken by the user independent of such requirements.
Records shall include the date, exact place, method and time of sampling
and the name of the person(s) taking the samples; the dates analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses. These records shall
remain available for a period of at least three years. This period
shall be automatically extended for the duration of any unresolved
litigation concerning the user or the POTW or where the user has been
specifically notified of a longer retention period by the City Engineer.
(b)
An industrial user shall retain, maintain and preserve all records
of information that pertain to matters that are the subject of special
orders or any other enforcement or litigation activities brought by
the city, state or federal authorities against the industrial user
until all enforcement activities have concluded and all periods of
limitation with respect to all appeals have expired or a for a minimum
of three years, whichever period is longer.
(c)
An industrial user shall make all the records required to be retained under this section available for inspection and copying by the City Engineer. These records shall be available for inspection and copying by the public at the office of the City Engineer unless considered confidential information under Section 14 1/2-106 of this chapter.
[Ord. of 4-8-1999, § 1]
(a)
The engineer shall be permitted to enter all properties
for the purposes of inspection, observation, measurement, sampling,
monitoring and testing in accordance with the provisions of this chapter.
The engineer may inspect the facilities of any user to ascertain whether
the user is complying with all requirements of this chapter and any
wastewater contribution/discharge permit or order issued hereunder.
All persons or occupants of premises where wastewater is created or
discharged shall allow the Engineer access, at all reasonable times,
to all parts of the premises for the purposes of inspection, sampling
or records examination and copying and the performance of any additional
duties.
(b)
The engineer shall have the right to install on
the user's premises such devices as are necessary to conduct sampling,
inspection, compliance monitoring and/or metering of the user's operations.
(c)
Where a user has security measures in force which
would require proper identification and clearance before entering
its premises, the user shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification,
personnel from the city will be permitted to enter, without delay,
for the purposes of performing their specific responsibilities.
(d)
Any temporary or permanent obstruction to safe
and easy access to the facility to be inspected and/or sampled shall
be promptly removed by the user at the written or verbal request of
the City Engineer and shall not be replaced. The costs of clearing
such access shall be born by the user.
(e)
Unreasonable delays in allowing the City Engineer
access to the user's premises shall be a violation of this chapter.
[Ord. of 4-8-1999, § 1]
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards (as set forth in Section 14 1/2-50 of this chapter) local limits, the prohibitions set out in Section 14 1/2-52 of this chapter, and any other pretreatment standards or requirements within designs, specifications and time limitations as specified by the EPA, state or city, whichever is more stringent shall be provided, operated and maintained at the user's expense. Detailed designs, specifications and plans showing the pretreatment facilities and operating procedures shall be submitted to the Engineer for review and shall be approved by the Engineer before construction of the facility. Such designs, specifications and plans shall be prepared by and bear the seal of a professional engineer licensed by the State of New York. 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 Engineer under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Engineer prior to the initiation of the changes.
(a)
Whenever deemed necessary, the City Engineer may
require users to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate
sewage wastestreams from industrial wastestreams and such other conditions
as may be necessary to protect the POTW and determine the user's compliance
with the requirements of this chapter.
(b)
The City Engineer may require any user discharging
into the POTW to install and maintain, on their property and at their
expense, a suitable storage and flow-control facility to ensure equalization
of flow. A wastewater contribution/discharge permit may be issued
solely for flow equalization.
(c)
Users with the potential to discharge flammable
substances may be required to install and maintain an approved combustible
gas detection meter.
[Ord. of 4-8-1999, § 1]
The City Engineer shall annually publish, in the largest daily
newspaper published in the city, a list of the industrial users which,
during the previous 12 months, were in significant noncompliance with
applicable pretreatment standards and requirements. The notification
shall also summarize any enforcement actions taken against the user(s)
during the same 12 months. Significant noncompliance shall mean that
the industrial user's violation meets one or more of the following
criteria:
(a)
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all of the measurements taken
during a six-month period exceed (by any magnitude) the daily maximum
limit or the average limit for the same pollutant parameter.
(b)
Technical review criteria (TRC) violations are
those in which 33% or more of all the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit or the average limit multiplied by the
applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease,
and 1.2 for all other pollutants except pH).
(c)
Any other violation of a pretreatment effluent
limit (daily maximum or long-term average) that the City Engineer
has determined, caused, alone or in combination with other discharges,
interference or pass-through (including endangering the health of
POTW personnel or the general public).
(d)
Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or has
resulted in the City Engineer's exercise of his emergency authority
to halt or prevent such a discharge.
(e)
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in the industrial
user's discharge permit or enforcement order issued by the City Engineer
for starting construction, completing construction or attaining final
compliance.
(f)
Failure to provide, within 30 days after the due
date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and reports on
continued compliance.
(g)
Failure to accurately report noncompliance.
(h)
Any other violation or group of violations which
the City Engineer determines will adversely affect the operation or
implementation of the city's pretreatment program.
[Ord. of 4-8-1999, § 1]
(a)
Each industrial user shall notify the City Engineer
and the POTW at least five days in advance of any planned significant
change in the volume or character of pollutants in their discharge,
including the listed or characteristics hazardous wastes for which
the industrial user has submitted initial notification under 40 CFR
403-12(p). For purposes of the requirement, significant changes include,
but are not limited to, flow increases of 20% or greater and/or the
discharge of any previously unreported pollutants.
(b)
Each industrial user shall notify the City Engineer
and the POTW at least five days in advance of any planned significant
changes to the user's operations or systems which might alter the
nature, quality or volume of its wastewater.
[Ord. of 4-8-1999, § 1]
(a)
Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division, Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of mass and concentration of such constituents in the wastestream discharged during that calendar month and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under Section 14 1/2-103 of this chapter. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Sections 14 1/2-94, 14 1/2-95, and 14 1/2-96 of this chapter.
(b)
Dischargers are exempt from the requirements in Subsection (a) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261-30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c)
In the case of any new regulation under Section
3001 of the Resource Conservation and Recovery Act (42 U.S.C. 6901
et seq.) identifying additional characteristics of hazardous waste
or listing any additional substances as a hazardous waste, the industrial
user must notify the City Engineer, the POTW, the EPA Regional Waste
Management Division Director and state hazardous waste authorities
of the discharge of such substances within 90 days of the effective
date of such regulations.
(d)
In the case of any notification made under this
section, the industrial user shall certify that it has a program in
place to reduce the volume and toxicity of hazardous wastes generated
to the degree it has determined to be economically practical.
(e)
This provision does not create a right to discharge
any substance not otherwise permitted to be discharged by this chapter,
a permit issued thereunder or any applicable federal or state law.
[Ord. of 4-8-1999, § 1]
(a)
An industrial user shall control production of
all discharges to the extent necessary to maintain compliance with
pretreatment standards or requirements during an upset or upon reduction,
loss or failure of its pretreatment facility until the facility is
restored or until an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced,
lost or fails.
(c)
Notice.
(1)
If an industrial user knows in advance of the need
for a bypass, it shall submit prior notice to the City Engineer, at
least 10 days before the date of the bypass.
(2)
An industrial user shall submit oral notice of
an unanticipated bypass that exceeds applicable pretreatment standards
or requirements to the City Engineer within 24 hours from the time
the industrial user becomes aware of the bypass. A written submission
shall also be submitted to the City Engineer within five days of the
time the industrial user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and,
if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate and prevent
reoccurrence of the bypass. The City Engineer may waive the written
report on a case-by-case basis if the oral report has been received
within 24 hours.
(d)
Bypass.
(1)
Bypass is prohibited, and the City Engineer may
take enforcement action against an industrial user for a bypass, unless:
a.
Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage;
b.
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
waste or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(2)
The City Engineer may approve an anticipated bypass,
after considering its adverse effects, if the City Engineer determines
that it will meet the three conditions set forth in Subsection (d)(1)
of this section.
[Ord. of 4-8-1999, § 1]
(a)
Any information submitted to or collected by the
City Engineer or his designee pursuant to this chapter shall be available
to the public without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of the Engineer that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user under applicable state or federal law. Any such request must
be asserted at the time of submission of the information in the manner
prescribed by the City Engineer. If no claim is made at the time of
submission, the City Engineer may make the information available to
the public without further notice. In no event shall wastewater constituents
and characteristics and other effluent data as defined by 40 CFR 2.302,
be recognized as confidential information.
(b)
Any information submitted to or collected by the
City Engineer or his designee pursuant to this chapter shall be made
available immediately, upon request, to governmental agencies for
uses related to this chapter, the national pollutant discharge elimination
system (NPDES) program, the state pollutant discharge elimination
system program, the pretreatment programs and/or in enforcement proceedings
involving the user furnishing the information; all reports shall be
available for use by the state or any state agency in judicial review
or enforcement proceedings involving the person furnishing the report.
In no event shall wastewater constituents and characteristics and
other effluent data, as defined by 40 CFR 2.302, be recognized as
confidential information.
