[R.O. 2011 §715.010; Ord. No. 91-43 §1.1, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
This Chapter sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for
the City of Trenton and enables the City to comply with all applicable
State and Federal laws required by the Clean Water Act (33 U.S.C.
1251 et seq.), and the General Pretreatment Regulations (40 CFR Part
403).
B.
The objectives of this Chapter are:
1.
To prevent the introduction of pollutants into the Municipal
Wastewater System which will interfere with the operation of the system;
2.
To prevent the introduction of pollutants into the Municipal
Wastewater System which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system;
3.
To ensure that the quality of the wastewater treatment plant
sludge is maintained at a level which allows its use and disposal
in compliance with applicable Statutes and regulations;
4.
To protect POTW personnel who may be affected by wastewater
and sludge in the course of their employment and to protect the general
public;
5.
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the POTW;
6.
To provide for fees for the equitable distribution of the cost
of operation, maintenance and improvement of the POTW; and
7.
To enable Trenton Municipal Utilities to comply with its NPDES
permit conditions, sludge use and disposal requirements and any other
Federal or State laws to which the POTW is subject.
C.
This Chapter provides for the regulation of direct and indirect contributors
to the Municipal Wastewater System through the issuance of permits
to certain non-domestic users and through enforcement of general requirements
for the other users. It authorizes monitoring and enforcement activities,
requires user reporting, assumes that existing customer's capacity
will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
D.
This Chapter shall apply to the City of Trenton and to persons outside
the City who are, by contract or agreement with the City, users of
the City POTW. Except as otherwise provided herein, the City Administrator
of the City of Trenton or the City Administrator's duly authorized
designee shall administer, implement, and enforce the provisions of
this Chapter.
[R.O. 2011 §715.020; Ord. No. 91-43 §1.2, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
ACT or "THE ACT"
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
1.
2.
3.
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
CATEGORICAL STANDARD or NATIONAL CATEGORICAL PRETREATMENT STANDARD
CITY
COLOR
COMPOSITE SAMPLE
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
1.
2.
MEDICAL WASTE
NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL PROHIBITED DISCHARGES
NET/GROSS CALCULATIONS
NEW SOURCE
1.
a.
b.
c.
2.
3.
a.
(1)
(2)
b.
NINETY-DAY COMPLIANCE REPORT
NON-CONVENTIONAL POLLUTANTS
NON-DOMESTIC USER
NON-DOMESTIC WASTE
NPDES PERMIT or NATIONAL POLLUTION DISCHARGE ELIMINATING SYSTEM
PERMIT
OPERATOR
OWNER
PASS THROUGH
PERIODIC COMPLIANCE REPORT
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS FOR EXISTING SOURCES (PSES)
PRETREATMENT STANDARDS FOR NEW SOURCES (PSNS)
PROCESS WASTEWATER
PRODUCTION-BASED STANDARD
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS (POTW)
REGULATED WASTESTREAM
RESOURCE CONSERVATION AND RECOVERY ACT
SELF-MONITORING
SEPTIC TANK WASTES
SIGNIFICANT INDUSTRIAL USER (SIU)
1.
a.
b.
2.
a.
b.
c.
3.
SLUG LOAD
SPILL PREVENTION AND CONTROL PLAN
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORM WATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOTAL TOXIC ORGANICS (TTO)
TOXIC ORGANIC MANAGEMENT PLAN
TOXIC POLLUTANT
TREATMENT PLANT EFFLUENT
UNREGULATED WASTESTREAM
UPSET
USER
WASTEWATER
1.
2.
WASTEWATER CONTRIBUTION PERMIT
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
WATERS OF THE STATE
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this Chapter, shall have meanings hereinafter
designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251, et seq., or any subsequent
amendment thereto.
The Director in a NPDES State with an approved State Pretreatment
Program and the Administrator of the EPA in a non-NPDES state or NPDES
State without an Approved State Pretreatment Program.
An authorized representative of an industrial user shall
be:
A principal executive officer if the industrial user is a corporation;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five (5) days
at twenty degrees Centigrade (20° C.) expressed in terms of weight
and concentration (milligrams per liter (mg/l)).
A sewer conveying wastewater from the premises of a user
to the POTW.
Any regulation containing pollutant discharge limit promulgated by the U.S. EPA in accordance with Sections 307 (B) and (C) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial uses and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
The City of Trenton or the City Council of Trenton.
The optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent (100%)
transmittance is equivalent to zero (0.0) optical density.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
time or flow.
Shall refer to the "Approval Authority," defined hereinabove;
or the Superintendent if the City has an approved Pretreatment Program
under the provisions of 40 CFR 403.11.
The water discharged from any use such as air-conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the State of Missouri.
The U.S. Environmental Protection Agency, or where appropriate
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication of proposed categorical pretreatment
standards which will be applicable to such source if the standard
is thereafter promulgated in accordance with Section 307 of the Act.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks such as vessels, chemical toilets,
campers trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of non-domestic pollutants
from any source regulated under Section 307 (b), (c) or (d) of the
Act, into the POTW (including holding tank waste discharged into the
system).
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402, of the Act.
The maximum concentration (or loading) of a pollutant allowed
to be discharged at any time, determined from the analysis of any
discrete or composite sample collected, independent of the industrial
flow rate and the duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations
or its sludge processes, use, or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or
duration of a violation) or of the prevention of sewage sludge use
or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent State
or local regulations): Section 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) (including Title II, more commonly referred
to as the Resource Conservation and Recovery Act (RCRA) and including
State regulations contained in any State sludge management plan prepared
pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research, and Sanctuaries
Act (40 CFR 403.3).
Isolation of wastes, infectious agents, human blood by-products,
pathological wastes, sharps, body parts, fomites, etiologic agents,
contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes and dialysis wastes.
Any regulation promulgated by the EPA in accordance with
Section 307 (b) and (c) of the Clean Water Act which applies to a
specific category of industrial users and provides limitations on
the introduction of pollutants into POTWs. This term includes the
prohibited discharge standards under 40 CFR 403.5, including local
limits (40 CFR 403.5).
Prohibited applicable to all non-domestic dischargers regarding
the introduction of pollutants into POTWs set forth at 40 CFR 403.5.
An adjustment to Categorical Pretreatment Standards to reflect
the presence of pollutants in the industrial user's intake water
(40 CFR 403.15).
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility or installation
meeting the criteria of Section (1)(b) or (c) above but otherwise
alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous on-site construction
program.
Any placement, assembly, or installation of facilities or equipment,
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this paragraph.
A report submitted by a categorical industrial user, within
ninety (90) days following the date for final compliance with applicable
categorical standards, or, in the case of a new source, following
commencement of the introduction of wastewater into the POTW, that
documents and certifies the compliance status of the user (40 CFR
403.12(d)).
All pollutants which are not included in the list of conventional
or toxic pollutants in 40 CFR Part 401.
Any person who discharges, causes or permits the discharge
of wastewater from any facility other than a residential unit.
Waste generated by any facility other than a residential
unit.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
1342).
The person responsible for the overall operation of a facility.
The person who owns a facility or part of a facility.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTWs NPDES permit (including
an increase in the magnitude or duration of a violation) (40 CFR 403.3(q)).
A report on compliance status submitted by categorical industrial
users to the Control Authority at least semi-annually (40 CFR 403.12(e)).
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes,
industrial wastes, biological materials, radio-active materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, agricultural
and industrial wastes, and the characteristics of the wastewater (i.e.,
pH, temperature, TSS, turbidity, color, BOD, Chemical Oxygen Demand
(COD), toxicity, odor).
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW (40 CFR 403.3(q)).
Any substantive or procedural requirement related to pretreatment
imposed on an industrial user, other than a pretreatment standard.
Categorical standards and requirements applicable to industrial
sources that began construction prior to the publication of the proposed
pretreatment standards for that industrial category.
Categorical standards and requirements applicable to industrial
sources that began construction after the publication of the proposed
pretreatment standards for that industrial category.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production of or use
of any raw material, intermediate produce, finished product, by-product,
or waste product.
A discharge limitation expressed in terms of allowable pollutant
mass discharge per unit of production.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 715.040 of this Chapter.
A treatment works as defined by Section 212 of the Clean
Water Act which is owned by the State or Municipality. This definition
includes any devices systems used in the storage, treatment, recycling,
and reclamation of Municipal sewage or industrial wastes of a liquid
nature. It also includes sewers, pipe and other conveyances only if
they convey wastewater to a POTW treatment plant (40 CFR 403.3(o)).
An industrial process wastestream regulated by a national
categorical pretreatment standard.
A Federal Statute regulating the management of hazardous
waste from its generation through ultimate disposal. The Act contains
requirements for waste generators, transporters, and owners and operators
of treatment, storage, and disposal facilities (42 U.S.C. 6901 et
seq.).
Sampling and analyses performed by the industrial user to
ensure compliance with the permit or other regulatory requirements
(40 CFR 403.12 (b) and (g)).
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Except as provided in paragraphs (2) and (3) of this Section,
the term "significant industrial user" means:
All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
Any other industrial user that: discharges an average of twenty-five
thousand (25,000) gallons per day or more of process wastewater to
the POTW (excluding sanitary, non-contact cooling and boiler blowdown
wastewater); contributes a process wastestream which makes up five
percent (5%) or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or is designated as such by
the Control Authority on the basis that the industrial user has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement (in accordance
with 40 CFR 403.8(f)(6)).
The Control Authority may determine that an industrial user subject to categorical pretreatment standards under §403.6 and 40 CFR Chapter I, Subchapter N is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred (100) gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
The industrial user, prior to the Control Authority's finding,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the certification statement
required in §403.12(q) together with any additional information
necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
Upon a finding that an industrial user meeting the criteria
in paragraph (v)(1)(ii) of this Section has no reasonable potential
for adversely affecting the POTW's operation or for violating
any pretreatment standards or requirement, the Control Authority may
at any time, on its own initiative or in response to a petition received
from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6),
determine that such industrial user is not a significant industrial
user.
Any pollutant (including Biochemical Oxygen Demand) released
in a discharge at a flow rate or concentration which will cause a
violation of the specific discharge prohibitions in 40 CFR 403.5(b)
to 403.12(f) or may cause an interference in the operation of the
POTW.
A plan prepared by an industrial user to minimize the likelihood
of a spill and to expedite control and cleanup activities should a
spill occur.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the City as Superintendent of Trenton
Municipal Utilities and who is charged with certain duties and responsibilities
by this Chapter, or his/her duly authorized representative.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
The sum of the masses or concentrations of the specific toxic
organic compounds regulated by specific categorical pretreatment regulations
which is found in the discharge at specific quantifiable concentrations.
Written plan submitted by industrial users in accordance
with some categorical pretreatment standards as an alternative to
TTO monitoring which specifies the toxic organic compounds used, the
method of disposal used, and procedures for assuring that toxic organics
do not routinely spill or leak into wastewater discharged to the POTW.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of EPA under the provision
of the Clean Water Act 307 (a) (40 CFR Part 403, Appendix B).
Any discharge of pollutants from the POTW in waters of the
State.
For purposes of the combined wastestream formula, a wastestream
that is not regulated by a national categorical pretreatment standard
and is not considered a dilute wastestream.
An exceptional incident in which there is unintentional and
temporary non-compliance with the categorical pretreatment standards
because of factors beyond the reasonable control of the industrial
user. An upset does not include non-compliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless
or improper operation (40 CFR 403.16(a)).
Any person who contributes, causes or permits the contribution
of wastewater into City's POTW.
The liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, and institutions,
together with any ground water, and storm water that may be present,
whether treated or untreated, which is contributed into or remitted
to enter the POTW.
Liquid and water-carried industrial wastes, and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
As set forth in Section 715.180 of this Chapter.
That portion of the POTW designed to provide treatment of
sewage and industrial waste.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the State or any portion thereof.
B.
Shall Is Mandatory; May Is Permissive Or Discretionary. The use of the singular shall be construed to include the plural
and the plural shall include the singular as indicated by the context
of its use.
[R.O. 2011 §715.030; Ord. No. 91-43 §1.3, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
The following abbreviations shall have the designed meanings:
BOD
|
Biochemical Oxygen Demand.
|
CFR
|
Code of Federal Regulations.
|
COD
|
Chemical Oxygen Demand.
|
EPA
|
Environmental Protection Agency.
|
gpd
|
Gallon Per Day.
|
l
|
Liter.
|
mg
|
Milligrams.
|
mg/l
|
Milligrams per Liter.
|
NPDES
|
National Pollutant Discharge Elimination System.
|
O&M
|
Operation and Maintenance.
|
POTW
|
Publicly Owned Treatment Works.
|
RCRA
|
Resource Conservation and Recovery Act.
|
SIC
|
Standard Industrial Classification.
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
|
TSS
|
Total Suspended Solids.
|
USC
|
United States Code.
|