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:
The approving authority shall establish, maintain
and make available to the public a list to specify:
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.
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.
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.
