A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any public sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such watercourses or appurtenances thereto as are specifically designated as storm drains or to such natural outlets approved by the approving authority and the City Engineer. Industrial cooling water or unpolluted process waters may be discharged, upon written approval of the approving authority, to a storm drain or natural outlet.
Drain lines from all in-ground swimming pools in the City shall be connected to storm drains, and filter backwash lines shall be discharged to the public sanitary sewerage systems as follows:
A. 
Sand filter backwash shall be discharged to the public sanitary sewer.
B. 
Where required, diatomaceous earth filter backwash shall be connected to the public sanitary sewer through settling tanks with four months' storage capacity, which tanks shall be readily accessible for removing solid waste for disposal. Maintenance of these tanks shall be the responsibility of the owner, but subject to periodic inspection by the approving authority or its representative.
A. 
No air-conditioning, refrigeration or other water-cooled equipment using water as a direct cooling medium may be installed or operated unless a means of water disposal other than discharge into the City's public sanitary sewers is provided, except as hereinafter provided.
B. 
No air-conditioning, refrigeration or other water-cooled equipment using water as an indirect cooling medium may be installed or operated unless evaporative condensers, a cooling tower, spray pond or a similar device requiring no sewer connection (except for seasonal cleaning and flushing) is used or a means of water disposal other than discharge into the City's public sanitary sewers is provided, except as hereinafter provided.
C. 
Water from both direct and indirect cooling mediums may be discharged into any adjacent storm drain, provided that an air gap (free-fall) condition is maintained at all times to prevent the possibility of a cross-connection. The vertical air gap distance from any discharge pipe to the highest point on the collection drain must be two times the diameter of the discharge pipe, but never less than two inches.
D. 
Before any such connection to a storm drain shall be made, appropriate plans shall be submitted to and approved by the approving authority and the City Engineer.
E. 
All such discharges to the storm drains shall be inspected at least annually by the approving authority or his designated representative. Such inspection shall be at the expense of the owner. This expense shall be a lien against the property as provided by law. Where discharge connections are found to be defective, all such drainage to the storm drain shall be prohibited until the defects are corrected.
A. 
No person shall discharge or cause, allow or permit to be discharged any of the following-described waters or wastes to any public sanitary sewers:
(1) 
Pollutants which create a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.
(2) 
Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.
(3) 
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.
(4) 
Any trucked or hauled pollutants, except at discharge points designated by the POTW.
(5) 
Any slug load, release rate of pollutants or concentration of pollutants, including oxygen demanding pollutants either singly or by interaction with other pollutants or waste streams, which may cause interference with any wastewater treatment process, constitute a hazard to humans or animals, contaminate the sludge, pass-through the treatment plant to receiving waters or could result in a violation of the City's NPDES permit.
(6) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(7) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the approving authority and the Plumbing Inspector.
(8) 
Waste containing chemicals from any source that will cause the WPC plant to produce an effluent unacceptable to federal or state regulatory agencies.
(9) 
Any waters, wastes, sewage or wastewaters having a pH lower than 5.5 or greater than 10.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, bacterial action and human life.
(10) 
Any liquid or vapor having a temperature higher than 65° C. (150° F.).
(11) 
Any waters, wastes, sewage or wastewaters containing a total phosphate concentration which exceeds 50 milligrams per liter at any given time.
(12) 
Any waters, wastes, sewage or wastewaters containing sulfides, sulfites, hydrosulfites or other materials having an immediate oxygen demand in concentration greater than one milligram per liter.
(13) 
Any waters, wastes, sewage or wastewaters containing fats, wax, grease or oils, whether emulsified or not, in excess of 50 milligrams per liter or containing substances which may solidify or become viscous at a temperature between 0° C. and 65° C. (between 32° F. and 150° F.).
(14) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits as established by any and all Atomic Energy Commission (Branch of the United States Department of Energy) regulations for the disposal of radioactive waste.
(15) 
The Water and Sewer Department shall allocate among the City's industrial users which discharge toxic substances into the City public sanitary sewer system in accordance with the local limits as approved by the Maryland Department of Environment for prohibited or limited toxic substances and shall issue as part of the permit process specific limits for each industrial user so discharging the identified pollutants into the public sanitary sewer system. The Water Pollution Control staff is authorized to amend the allocations based upon changes in state allocation and/or particular industry discharges in their discretion. The limits established shall not be exceeded by the industrial user.
[Amended 9-25-2001 by Ord. No. 2001-38]
B. 
No person shall make or maintain any connection with any public sanitary sewer, public storm drain or appurtenance thereof whereby there may be conveyed into the same any hot, suffocative, corrosive, flammable or explosive liquid, gas vapor, substance or similar material.
All persons discharging wastes into the WPC system shall be subject to a surcharge, in addition to any other sewer service charges, if these wastes possess a characteristic in excessive concentration as determined by the approving authority. A waste characteristic of excessive concentration shall include but may not be limited to:
A. 
A five-day, 20° C. biochemical oxygen demand (BOD) of 200 milligrams per liter or a chemical oxygen demand (COD) of 350 milligrams per liter;
B. 
A suspended solids content of 200 milligrams per liter; or
C. 
A fats, oils and grease concentration in excess of 50 milligrams per liter.
The approving authority shall establish, maintain and make available to the public a list to specify:
A. 
All waste characteristics which, in excessive concentration, are subject to surcharge.
B. 
A definition for each waste characteristic of the level of concentration which is excessive.
C. 
The rate of surcharge for each excessive waste characteristic.
A. 
In accordance with the Charter of the City of Hagerstown, the Mayor and Council of the City of Hagerstown shall, by ordinance, fix, establish and adjust the rates of surcharge for each and every waste characteristic which, in excessive concentration, shall be subject to surcharge. The rate of surcharge shall reflect the cost incurred by the City in treating the excessive concentrations of these waste characteristics.
B. 
The rates of surcharge shall be reviewed at least annually by the approving authority in order to determine from the WPC Department records whether or not they are justifiable to meet the cost incurred by the City in treating the excessive concentrations of these waste characteristics. If the difference between the revenue derived from the surcharge and the total annual cost related to those wastes subject to surcharge is sufficient to justify a change in rates, the approving authority shall recommend to the Mayor and Council of the City that the appropriate change be made.
C. 
Excess strength, industrial surcharge rates. In addition to the standard service charge rates for all classes of customers, customers with excess-strength waste for the following waste characteristics shall pay the following industrial surcharge rates. The industrial surcharge rate for chemical oxygen demand in excess above 2.919 pounds shall continue to be $0.33 per 1,000 gallons. For biochemical oxygen demand in excess above 1.688 pounds, the surcharge rate shall continue to be $0.82 per 1,000 gallons. For suspended solids in excess above 1.688 pounds, the surcharge rate shall continue to be $0.82 per 1,000 gallons. For grease and oil in excess of 0.0000 pounds, the surcharge rate shall continue to be $0.47 per 1,000 gallons.
[Added 7-12-2005 by Ord. No. O-05-19; amended 6-20-2006 by Ord. No. O-06-17; 5-22-2007 by Ord. No. O-07-15; 5-27-2008 by Ord. No. O-08-19; 9-22-2009 by Ord. No. O-09-13; 2-25-2014 by Ord. No. O-14-02; 4-23-2019 by Ord. No. O-19-03][1]
[1]
Editor’s Note: This ordinance also provided that it shall be effective 30 days after passage, with the increases in rates effective for all bills rendered on or after July 1, 2019, and for all bills rendered on or after July 1 of the subsequent four fiscal years.
If any waters or wastes are proposed to be discharged to the WPC system by a customer, which contain the substances or possess the characteristics enumerated in this article and which exceed the standards and/or limitations, which create a hazard to life or constitute a public nuisance or which, in the judgment of the approving authority, may have a deleterious effect upon the WPC system or the receiving waters, the approving authority shall require said customer to register and furnish all information requested by the approving authority concerning the proposed discharge, operations and processes and require that said customer obtain all applicable permits for the discharge. The approval authority shall also have the authority:
A. 
To reject the waters or wastes.
B. 
To require pretreatment of the waters or wastes to an acceptable level prior to discharge.
C. 
To limit the quantities and rates of discharge of the waters or wastes.
A. 
All major industrial discharges discharged or permitted to flow into the WPC system shall comply with applicable Federal Environmental Protection Agency pretreatment standards and the Maryland Department of the Environment (MDE) regulations, in addition to the Hagerstown City Code, whichever is more stringent, prior to obtaining an industrial waste discharge permit as set forth in the subsequent sections. The approving authority shall have the authority to establish a waste load allocation procedure for various industrial wastes when effluent standards are established by the United States Environmental Protection Agency or the Maryland Department of the Environment (MDE), if necessary due to local conditions.
B. 
Pretreatment standards and requirements. All industrial users shall comply with the federal general pretreatment regulations in 40 CFR Part 403 and the applicable national categorical pretreatment standards set out in 40 CFR Subchapter N, Parts 401 through 471, upon promulgation and all applicable federal, state or local requirements or standards.
C. 
The WPC Department shall have the authority to issue industrial waste discharge permits to industrial customers to establish limitations on industrial waste discharged to the sanitary sewer system. The industrial waste discharge limitations established in an industrial waste discharge permit shall not be exceeded by the industry to which the permit is issued.
D. 
Industrial discharge limitations will be established at the discretion of the WPC Department. Industrial waste discharge permits will limit the strength and quantity of industrial waste discharged to the sanitary sewer system based on such measurements as gallonage, BOD, COD, pH, toxic concentrations, temperature, flow rate or any other measurement deemed necessary by the WPC Department. Industrial waste discharge permits shall also require that industries perform certain laboratory testing and flow measurements and report the results to the WPC Department on a periodic basis as required in accordance with regulations promulgated by the Water and Sewer Department. The cost of such testing, measurement and reporting will be borne by the industry. An industrial customer must comply with the provisions of an industrial waste discharge permit upon issuance.
E. 
The WPC Department shall have the authority to order industries to take corrective action when industrial waste discharge limitations are violated. Corrective actions which the WPC Department may order include but are not limited to pretreatment or discontinuance of all industrial waste discharge. The WPC Department shall also require that industries take corrective actions in accordance with a schedule for compliance established at the discretion of the approving authority. All costs associated with industrial pretreatment, including attorney's fees and corrective actions required by the WPC Department, shall be borne by the industry. If additional pretreatment or operation and maintenance will be required for an industrial user to comply with any provisions of this chapter or a state or federal pretreatment standard or requirement, the City may require the industrial user to submit for approval a schedule specifying the shortest time frame for the industry to achieve compliance. This schedule will contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of the additional pretreatment to bring the industrial user into compliance.
Prior to discharging any industrial waste to the WPC system or to a public storm drain or prior to continuing the discharge of any industrial waste to the WPC system or to a public storm drain, the owner of the improved property from which such discharge is proposed to be made shall apply to the City, in writing, for an industrial waste discharge permit to make such discharge.
A. 
To obtain an industrial waste discharge permit, the owner or his agent shall make application as specified in this chapter. Supplemental information to the application considered pertinent by the approving authority shall include but may not be limited to the quantity of discharge, the rates of discharge (maximum, average and minimum) and whether these rates of flow are continuous or intermittent, the character and the chemical content of the industrial waste and proposed and/or existing pretreatment facilities.
B. 
Permits shall contain:
(1) 
Effective and expiration dates.
(2) 
Statement of nontransferability as specified in section (list appropriate section).
(3) 
Effluent limitations based on applicable general pretreatment standards, Categorical Pretreatment Standards, local limits and/or state and local law.
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency and sample type, based on the applicable general pretreatment standards, Categorical Pretreatment Standards, local limits and/or state and local law.
(5) 
Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the compliance date beyond applicable federal deadlines.
(6) 
Other conditions as deemed appropriate by the City to ensure compliance with all applicable pretreatment standards and requirements.
C. 
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. Permits can be extended in writing by the City for up to 180 days past the expiration date. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified herein are modified or other just cause exists (i.e., changes in the federal or state pretreatment requirements or standards). Users shall apply for a new permit at least 180 days prior to the expiration of the user's existing permit.
D. 
Permit nontransferability. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the prior written approval of the City.
E. 
Wastewater discharge permit appeals. Any person, including the industrial user, may petition the Water and Sewer Department to reconsider the terms of a wastewater discharge permit within 60 days of its issuance.
(1) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) 
If the City fails to act within 60 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.
(5) 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the appropriate court having jurisdiction within appropriate state statute of limitations.
F. 
Wastewater discharge permit modification.
(1) 
The Water and Sewer Department may modify the wastewater discharge permit for good cause, including but not limited to the following:
(a) 
To incorporate any new or revised federal, state or local pretreatment standards or requirements.
(b) 
To address significant alterations or additions to the industrial user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.
(c) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(d) 
Information indicating that the permitted discharge poses a threat to Hagerstown's Water and Sewer Department, Hagerstown Water Pollution Control personnel, the general public or receiving waters.
(e) 
Violation of any terms or conditions of the wastewater discharge permit.
(f) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
(g) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
(h) 
To correct typographical or other errors in the wastewater discharge permit.
(i) 
To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
(2) 
The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
G. 
Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this chapter.
H. 
Permit application fee. The fee for the issuance of an industrial waste discharge permit in accordance with this section, which permit shall be valid for a five-year period, shall be $300 for significant industrial users (SIU) and $150 for all other permitted industrial users. A significant industrial user is defined in § 240-3 of the City Code. A major modification in the industrial waste discharge permit may require the payment of a new application fee in the discretion of the Water and Sewer Department.
[Added 9-25-2001 by Ord. No. 2001-39]
I. 
Annual permit maintenance fee. In addition to the permit application fee, all persons or entities discharging any industrial waste under a valid industrial waste discharge permit into the water pollution control system of the City of Hagerstown shall pay an annual permit maintenance fee according to the following schedule:
[Added 9-25-2001 by Ord. No. 2001-39]
Wastewater Flow
(gallons/day)
Annual Maintenance Permit Fee
Less than 1,000
$250.00
1,000 to 9,999
$500.00
10,000 to 25,000
$1,000.00
More than 25,000
$2,000.00
A. 
The owner, or his agent, of any improved property who is discharging industrial waste into the WPC system or to a public storm drain under a valid industrial waste discharge permit and who contemplates a change in the method of operation or a change of any other nature, which change may cause the industrial waste discharge of said owner to be of a nature or characteristic not approved by the approving authority in said valid industrial waste discharge permit, shall have 30 days to apply for a new industrial waste discharge permit prior to such change.
B. 
All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
A. 
The design and installation of the plants, equipment and other facilities as referred to herein shall be subject to review, approval and inspection by the City Engineer and the approving authority and subject to the requirements of all applicable federal, state, county and City statutes, codes, ordinances and regulations.
[Amended 6-17-2003 by Ord. No. 2003-22]
(1) 
Review fees. All persons constructing any main extension and/or pump stations which are to become part of the sewer collection system of the City of Hagerstown shall submit to the City for review plans for such construction. A fee shall be charged for review by the City of these plans which shall be due and payable at the time that the plans are submitted for review. The Council of the City of Hagerstown shall by ordinance fix, establish and adjust the amount of the pump station plan review fee in accordance with the Charter of the City of Hagerstown. The review fee shall be $0.50 per linear foot of sewer main, and the pump station fee shall be $14 per gallon (minimum of pump station capacity).
[Amended 9-29-2020 by Ord. No. O-20-29]
(2) 
Inspection fees. All persons constructing any main extension and/or pump stations which are to become part of the sewer collection system of the City of Hagerstown shall have the same inspected by the Water and Sewer Department during the course of its construction in accordance with policies to be established by the Department. A fee shall be charged for such inspections which shall be due and payable prior to such inspections taking place. The Council of the City of Hagerstown shall by ordinance fix, establish and adjust the amount of the main extension and/or pump station inspection fee in accordance with the Charter of the City of Hagerstown. The inspection fee shall be $0.50 per linear foot of sewer main.
[Amended 9-29-2020 by Ord. No. O-20-29]
(3) 
Administrative policies. The Water and Sewer Department shall establish administrative policies for the administration of the main extension and/or pump station plan review and inspection process.
B. 
Accidental discharge/slug control plans. The Water and Sewer Department may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the Water and Sewer Department shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following:
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals.
(3) 
Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in § 240-44.
(4) 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
Dilution is prohibited as a substitute for treatment to meet any applicable requirements and/or standards.
Grease, oil and sand interceptors shall be provided at the expense of the customer when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type and capacity approved by the approving authority, the City Engineer and the City Plumbing Inspector and shall be located as to be readily and easily accessible for cleaning and inspection. The WPC Department reserves the right to periodically test for the effectiveness of an interceptor by methods hereinafter described. The WPC Department shall not be liable for the lack of efficiency of an approved interceptor, and all maintenance costs shall be borne by the customer.
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.
The owner or owners of any property serviced by a building sewer carrying industrial wastes as hereinbefore defined shall install a suitable control vault, together with such necessary meters and other appurtenances, in the building sewer line to facilitate observation, proportional sampling and continuous flow measurement and recording of the wastes. Each vault shall be accessible and safely located and shall be constructed in accordance with plans approved by the approving authority. The vault shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times for public inspection.
When a person discharging less than 10,000 gallons in a normal working day elects to be relieved of the requirement of a control vault as specified in this article, he may do so, provided that:
A. 
Such wastes meet all other requirements of this chapter, as determined by the approving authority.
B. 
All such wastes are discharged through a single standard sewer manhole before entrance into the public sanitary sewers.
C. 
Said person agrees to pay a surcharge double or equal that required in this article and that the strength of waste on which the surcharge is made will be based on tests made on similar wastes discharged by other industries of the same type, if such information is available; if not, by such other methods as the approving authority may wish to employ. Whatever method is used for finding the strength of the waste, the determination of the approving authority shall be binding as a basis for surcharges.
A. 
All analyses, including sampling techniques, submitted in support of any application, report or evidence or required by any permit or order shall be performed in accordance with 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question or where the Administrator (as defined in 40 CFR Part 136) determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the Administrator (as defined in 40 CFR Part 136).
B. 
The approving authority shall determine the analyses which are required for each industrial waste, and the decision of the approving authority shall be final and binding.
A. 
When the additional service charge is $500 or less per month, samples shall be taken semiannually.
B. 
When the additional service charge is between $500 and $1,000 per month, samples shall be taken quarterly.
C. 
When the additional service charge is greater than $1,000 per month, samples shall be taken six times per year.
D. 
More frequent samples may be taken by the City at any time. If more frequent sampling is requested by the customer, the City shall do the additional sampling and analysis at the entire expense of the person requesting it. Analysis of the waste shall be in accordance with 40 CFR Part 136.
E. 
A fee for sampling shall be established by the WPC Department and billed to industries by the approving authority.
F. 
The industrial user shall have the choice of monitoring a segregated process waste stream or a combined waste stream in accordance with 40 CFR 403.6(e)(4).
A. 
Users shall retain and make available upon request of an authorized representative of the City, the state or EPA all records required to be collected by the user pursuant to this article. These records shall remain available for a period of at least three years after their collection. This period shall be extended during any litigation concerning compliance with this chapter or permit conditions.
B. 
Certification requirements. All industrial users shall submit the following certification with all reports, certifications and required notifications:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
C. 
Signatory requirements. All applications, reports, certification statements or any other information requested by the City shall be signed by an authorized representative of the user as defined in § 240-3A.
D. 
Submission of required reports. Upon request of the City, any discharger or potential discharger of industrial wastes into the POTW may be required to submit plans, reports, questionnaires, notices or analytical data to evaluate waste discharge characteristics and ensure compliance with this chapter. These may include baseline monitoring reports, compliance reports, periodic self-monitoring reports, compliance schedule progress reports, violation reports and notice of slug loadings, upset, bypass or any other reporting requirement specified in 40 CFR 403.12.
E. 
Required reports. Any significant industrial user of the POTW shall submit, at a minimum, semiannual reports (on dates specified by the POTW) to the POTW. This report shall include but not be limited to information on flows, pollutant concentrations, spills, etc. In addition, other nonsignificant industrial users may also be required to submit reports.
F. 
Hazardous waste notification.
(1) 
The industrial user 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 a hazardous waste 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 the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of that mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place within 180 days of the effective date of this rule. Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d) and (e).
(2) 
Dischargers are exempt from the requirements of Subsection F(1) 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 of 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 industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) 
In the case of any new regulations under Section 3001 of the RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) 
In the case of any notification made under Subsection F(1) of 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.
G. 
Notification of discharge. All users of the POTW shall immediately notify the POTW of all discharges that could cause problems to the POTW, including any slug loadings that would violate any of the specific prohibition of 40 CFR 403.5(b).
H. 
Automatic resampling. If sampling performed by an industrial user indicated a violation, the user shall notify the City 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 within 30 days after becoming aware of the violation, except that the industrial user is not required to resample if the City performs sampling at the industrial user at a frequency of at least once per month or the City performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to proper continuous pretreatment prior to discharge into the WPC system and/or payment therefor by the industrial concern. Federal or state pretreatment requirements or standards cannot be waived.