2187ORDINANCE NO. o~ 1 g 7
AN ORDINANCE TO SET FORTH UNIFORM REQUIREMENTS
FOR DIRECT AND INDIRECT CONTRIBUTORS INTO THE
WASTEWATER COLLECTION AND TREATMENT SYSTEM FOR
THE CITY OF WEST MEMPHIS; AND FOR OTHER PURPOSES.
WHEREAS, The City of West Memphis finds it necessary to regulate the use of
public sewers and drains and the discharge of waters and wastes in the public
sanitary sewer system;
WHEREAS, the regulations contained in the present ordinances of the City of
West Memphis should be brought into compliance with applicable laws and
regulations of the Environmental Protection Agency of the United States of
America, the Department of Pollution Control and Ecology of the State of
Arkansas and the provisions of the "Clean Water Act", being public law 92-500,
as amended by public law 95-217, as well as the general pretreatment
regulations enacted pursuant thereto (begin 40 CFR, part 403); and
WHEREAS, these proposed regulations have been approved by the appropriate
regulatory agencies;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. GENERAL PROVISIONS
1.1 Purpose and Policy
This Ordinance sets forth uniform requirements for direct and indirect users into
the wastewater collection and treatment system for the City of West Memphis,
Arkansas, and enables the City to comply with all applicable State and Federal
laws, including the Clean Water Act (33 United States Code 1251 et seq.) and
the General Pretreatment Regulations (40 CFR Part 403). The objectives of this
Ordinance are:
(A) To prevent the introduction of Pollutants into the Publicly Owned Treatment
Works that will Interfere with its operation;
(B) To prevent the introduction of Pollutants into the Publicly Owned Treatment
Works which will Pass Through the Publicly Owned Treatment Works,
inadequately treated, into receiving waters, or otherwise be incompatible
with the Publicly Owned Treatment Works;
(C) To protect both Publicly Owned Treatment Works personnel who may be
affected by Wastewater and sludge in the course of their employment and
the general public;
(D) To promote reuse and recycling of industrial Wastewater and sludge from
the Publicly Owned Treatment Works;
(E) To provided for fees for the equitable distribution of the cost of operation,
maintenance and improvements of the Publicly Owned Treatment Works;
and
(F) To enable the City to comply with its National Pollutant Discharge
Elimination System Permit conditions, sludge use and disposal
requirements and any other Federal or State laws to which the Publicly
Owned Treatment Works is subject.
(G) To promote and encourage Pollution prevention and waste minimization and
waste reduction at Industrial Users prior to their recycling, treatment, or
disposal options.
This Ordinance shall apply to all Users of the Publicly Owned Treatment Works.
The Ordinance authorizes the issuance of Wastewater Discharge Permits;
provides for monitoring, compliance and enforcement activities, establishes
administrative review procedures; requires User reporting; and provides for the
setting of fees for the equitable distribution of costs resulting from the program
established herein.
1.2 Administration
Except as otherwise provided herein, the General Manager shall administer,
implement, and enforce the provisions of this Ordinance. Any powers granted to
or duties imposed upon the General Manager may be delegated by the General
Manager to a duly authorized employee.
1.3 Abbreviations
The following abbreviations, when used in this Ordinance, shall have the
designated meanings:
BMP -Best Management Practice
BMR -Baseline Monitoring Report
BOD -Biochemical Oxygen Demand
CFR -Code of Federal Regulations
CIU -Categorical Industrial User
COD -Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency
gpd -gallons per day
IU -Industrial User
Page 2
mg/I -milligrams per liter
NPDES -National Pollutant Discharge Elimination System
NSCIU -Non-Significant Categorical Industrial User
POTW -Publicly Owned Treatment Works
RCRA -Resource Conservation and Recovery Act
SIU -Significant Industrial User
SNC -Significant Noncompliance
TSS -Total Suspended Solids
U.S.C. -United States Code
1.4 Definitions
Unless the context specifically indicates otherwise, the following terms and
phrases, as used in this Ordinance, shall have the meaning hereinafter
designated:
(1) Act or "The Act". The Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(2) Approval Authority. The Arkansas Department of Environmental Quality
(ADEQ).
(3) Authorized or Duly Authorized Representative of the User.
1. If the User is a corporation:
(a) The president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy ordecision-making functions for
the corporation; or
(b) The manager of one or more manufacturing, production, or operation
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive
measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary
systems are established or action taken to gather complete and
accurate information for individual wastewater discharge permit
requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
2. If the User is a partnership or sole proprietorship: ageneral partner or
proprietor, respectively.
Page 3
3. If the User is a Federal, State, or local governmental facility: a director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee.
4. The individuals described in paragraphs 1 through 3, above, may
designate Duly Authorized Representative if the authorization is in
writing, the authorization specifies the individual or position responsible
for the overall operation of the facility from which the discharge originates
or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the City.
(4) Best Management Practices or BMP's. Schedules of activities, prohibitions
or practices, maintenance procedures, and other management practices to
implement the prohibitions listed in 40 CFR 403.5 (a) (1) and (b). BMP's to
include treatment requirements, operating procedures, and practices to
control plant site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw material storage.
(5) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under the standard laboratory
procedures for five (5) days at 20 degrees centigrade, usually expressed as
a concentration (e.g.,mg/I).
(6) Categorical Industrial User. An Industrial User subject to Categorical
Pretreatment Standards or Categorical Standards.
(7) Categorical Pretreatment Standards or Categorical Standards. Any
regulation containing Pollutant discharge limits promulgated by the
Environmental Protection Agency in accordance with Sections 307(b) and
(c) of the Act (33 U.S.C. 1317) which apply to a specific category of Users
and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(8) Chemical Oxygen Demand (CODS A measure of the oxygen required to
oxidize all compounds, both organic and inorganic, in water.
(9) City. The City of West Memphis, Arkansas.
(10) Composite Sample. A composite sample is made up of more than one
individual Grab Samples, which are combined, based on either time or flow.
A time composite sample consists of equal volume Grab Samples collected
at equal time intervals. A flow composite sample may consist of equal
volume Grab Samples taken at varying time intervals; samples of variable
volume (in proportion to flow) collected proportional to flow.
(11) Control Authority. The City.
Page 4
(12) Control Manhole. A manhole giving access to a building Sewer at some
point before the building Sewer discharge mixes with other discharge in the
public Sewer.
(13) Daily Maximum Limit or Daily Maximum. The maximum allowable discharge
limit of pollutant during a calendar day. Where daily maximum limitations
are expressed in units of mass, the daily discharge is the total mass
discharged over the course of the day. Where daily maximum limitations
are expressed in terms of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from
all measurements taken that day.
(14) Director of Environmental Quality (Director). Authorized representative of
the West Memphis Utility Commission and the General Manager of the
West Memphis Utility Commission that administers, implements, and
enforces the provisions of the Pretreatment Program and of this Ordinance.
(15) Environmental Protection Agency, or EPA. The U.S. Environmental
Protection Agency, or where appropriate the Regional Water Management
Division Director, the Regional Administrator, or other duly authorized
official of said agency.
(16) Existing Source. Any source of discharge that is not a "New Source".
(17) Garbage. Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage and sale
of produce.
(18) General Manager. The General Manager of the West Memphis Utility
Commission is the person designated by the City to supervise the operation
of the Publicly Owned Treatment Works and who is charged with certain
duties and responsibilities by this Ordinance, or his duly authorized
representative referred to as the Director of Environmental Quality.
(19) Governing Board. The West Memphis Utility Commission (the Utility), which
may act through the General Manager, his deputy, agent or representatives
possessing written evidence of authority to so act.
(20) Grab Sample. A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
(21) Indirect Discharge. The introduction of pollutants into the POTW from any
non-domestic source.
Page 5
(22) Industrial User (IU). A source of Indirect Discharge.
(23) Industrial Wastes. The liquid wastes from industrial manufacturing
processes, trade, or business as distinct from sanitary Sewage.
(24) Industrial Waste Discharge Permit. A permit for establishments producing
Industrial Wastes as more particularly set out in Section (4) of this
Ordinance.
(25) Interference. A discharge, which alone or in conjunction with a discharge or
discharges from other sources, 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 the City's NPDES permit or of the
prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued there under, or
any more stringent State or local regulations: Section 405 of the Act; the
Solid Waste Disposal Act, including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); any State regulations
contained in any State sludge management plan prepared pursuant to
Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research, and
Sanctuaries Act.
(26) Local Limit. Specific discharge limits developed and enforced by the City
upon industrial or commercial facilities to implement the general and specific
discharge prohibitions listed in 40 CFR 403.5 (a)(1) and (b).
(27) Medical Waste. Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
(28) Monthly Average. The sum of all "daily discharges" measured during a
calendar month divided by the number of "daily discharges" measured
during the month.
(29) Monthly Average Limit. The highest allowable average of "daily discharges"
over a calendar month, calculated as the sum of all "daily discharges"
measured during a calendar month divided by the number of "daily
discharges" measured during that month.
(30) National Pollution Discharge Elimination System or NPDES Permit. A
permit issued pursuant to Section 402 of The Act (33 U.S.C. 1342).
(31) New Source. (1) Any building, structure, facility or installation from which
there is, or may be, a discharge of Pollutants, the construction of which
Page 6
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:
(a) The building, structure, facility or installation is constructed at a site at
which no other source is located; or
(b) The building, structure, facility or installation totally replaces the process
or production equipment that causes the discharge of Pollutants at an
Existing Source; or
(c) 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.
(2) 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 Subparagraphs (1)(B), or (1)(C) above, but otherwise alters, replaces,
or adds to existing process or production equipment.
(3) Construction of a New Source as defined under this paragraph has
commenced if the owner or operator has:
A. Begun, or caused to begin, as part of a continuous onsite
construction program:
(a) Any placement, assembly, or installation of facilities or equipment; or
(b) Significant site preparation work including clearing, excavation, or
removal of existing building, structures, or facilities which is
necessary for the placement, assembly, or installation of New Source
facilities or equipment; or
B. Entered into a binding contractual obligation for the purchase of
facilities or equipment which is 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.
Page 7
(32) Noncontact Cooling Water. Water used for cooling that does not come into
direct contact with any raw material, intermediate product, waste product, or
finished product.
(33) Normal Domestic Wastewater. Wastewater including that from non-
residential sources, but excluding industrial process Wastewater, in which
neither the concentrations of five-day Biochemical Oxygen Demand (BOD)
or total suspended solids (TSS) do not exceed the level of 250 mg/L or the
concentration of oil and grease do not exceed the level of 100 mg\L.
(34) Oil and Grease. Any material recovered as a substance soluble in the
solvent.
(35) Pass Through. 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 violation of any
requirement of the City's NPDES permit (including an increase in the
magnitude or duration of a violation).
(36) Person. Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives, agents, or
assigns.
(37) ~ A measure of the acidity or alkalinity of a solution, expressed in
standard units.
(38) Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash
sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, municipal, agricultural and
industrial wastes and certain characteristics of Wastewater (e.g., pH
temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
(39) Pretreatment. 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, introducing such Pollutants into the POTW.
This reduction or alteration can be obtained by physical, chemical or
biological processes; by process changes; or by other means, except by
diluting the concentration of the Pollutants unless allowed by an applicable
pretreatment standard.
(40) Pretreatment Program. The Utility's EPA and/or Arkansas Department of
Environmental Quality approved program to administer the requirements of
40 CFR 403, the General Pretreatment Regulations.
Page 8
(41) Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment imposed on a User, other than Pretreatment
Standard.
(42) Pretreatment Standard or Standards. Pretreatment Standards shall mean
prohibited discharge standards, categorical Pretreatment Standards and
Local Limits.
(43) Publicly Owned Treatment Works (POTW). A treatment works as defined
by Section 212 of The Act, (33 U.S.C. 1292) which is owned in this instance
by the City. This definition includes any devices or systems used in
collection, storage, treatment, recycling, and reclamation of Sewage or
Industrial Wastes of liquid nature and any conveyances, which convey
Wastewater to a treatment plant. For the purposes of this Ordinance,
"POTW" shall also include any Sewers that convey Wastewaters to the
POTW from Persons outside the City, who are by contractor agreement
with the City, Users of the City's POTW.
(44) Sanitary Sewer. A Sewer, which carries Sewage and to which storm,
surface, and ground waters are not intentionally admitted.
(45) Septic Tank Waste. Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
(46) Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc.).
(47) Sewer. A pipe or conduit for carrying Sewage.
(48) Shall is mandatory; May is permissive.
(49) Significant Industrial User.
(1) An Industrial User subject to Categorical Pretreatment Standards; or
(2) An Industrial User that discharges an average of twenty-five thousand
(25,000) gallons or more of process wastewater to the POTW (excluding
sanitary, non-contract cooling, and boiler blowdown wastewater);
contributes a process waste stream which makes up five (5) percent or
more of the average dry weather hydraulic or organic capacity of the
POTW treatment plant; or is designated as such by the City 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.
(3) The City may determine that an Industrial User subject to Categorical
Page 9
Pretreatment Standards is aNon-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 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: (a) the
Industrial User, prior to the City's findings, has consistently complied with
all applicable Categorical Pretreatment Standards and Requirements; (b)
the Industrial User annually submits the certification statement required
together with any additional information necessary to support the
certification statement; and (c) the Industrial User never discharges any
untreated concentrated Wastewater.
(4) Upon finding that a User meeting the criteria in Subsection (2) of this
part has no reasonable potential for adversely affecting the POTW
operation or for violating any Pretreatment Standard or Requirement, the
City may at any time, on its own initiative or in response to a petition
received from an Industrial User, and in accordance with procedures in
40 CFR 403.8 (f) (6), determine that such User should not be considered
a Significant Industrial User.
(50) Slug Load or Slug Discharge. Any discharge at a flow rate or concentration,
which could cause a violation of the prohibited discharge standards in
Section 2.1 of this ordinance. A slug Discharge is any discharge of a non-
routine, episodic nature, including but not limited to accidental spill or a non-
customary batch Discharge, which has a reasonable potential to cause
Interference or Pass Through, or in any other way violate the POTW's
regulations, Local Limits or Permit conditions.
(51) Standard Industrial Classification (SIC). A classification pursuant to the
standard industrial classification manual issued by the executive office of
the president, office of management and budget, 1972.
(52) State. State of Arkansas.
(53) Storm Sewer. A Sewer, which carries storm and surface waters and
drainage, but excludes Sewage and Industrial Wastes, other than
unpolluted cooling water.
(54) Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from precipitation, including snowmelt.
(55) Total Suspended Solids or Suspended Solids. 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.
Page 10
(56) Toxic Pollutants. Any Pollutant of combination of Pollutants listed as toxic in
regulations promulgated by the administration of the Environment Protection
Agency under the provisions of CWA 307(a) or other acts.
(57) User or Industrial User. Any Person, who contributes, causes or permits the
contribution of wastewater into the City's POTW.
(58) Wastewater. 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.
SECTION 2. GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions. No User shall introduce or cause to be introduced into
the POTW any Pollutant or Wastewater which causes Pass Through or
Interference. These general prohibitions apply to all Users of the POTW
whether or not they are subject to Categorical Pretreatment Standards or
any other National, State, or local Pretreatment Standards or Requirements.
B. Specific Prohibitions. No User shall introduce or cause to be introduced into
the POTW the following Pollutants, substances, or Wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with aclosed-cup flashpoint
of less than 140 degrees F (60 degrees C) using the test methods
specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.5 or more than 10.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resulting in Interference.
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or Pollutant concentration
which, either singly or by interaction with other Pollutants, will cause
Interference with the POTW;
(5) Wastewater which will inhibit biological activity in the treatment plant
resulting in Interference, but in no case Wastewater which causes the
temperature at the introduction into the treatment plant to exceed 104
degrees F (40 degrees C);
Page 11
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause Interference or Pass Through;
(7) 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;
(8) Trucked or hauled Pollutants, except at discharge points designated by
the Director in accordance with Section 3.4 of this Ordinance;
(9) Storm Water, surface Water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, Noncontact Cooling Water, and unpolluted
Wastewater, unless specifically authorized by Director.
(10) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail toxicity test;
(11) Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 100 mg/L.
(12) Medical Wastes, except as specifically authorized by the Director in a
Wastewater Discharge Permit.
(13) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test.
(14) Hauled or trucked liquid wastes, except at the specific discharge
point(s) designated by the Director.
Pollutants, substances, or wastewater prohibited by this Section shall not be
processed or stored in such a manner that they could be discharged to the
POTW.
2.2 National Categorical Pretreatment Standards
A. Users must comply with the categorical Pretreatment Standards found at 40
CFR Chapter I, Subchapter N, Parts 405-471.
(1) Where a Categorical Pretreatment Standard is expressed only in terms
of either the mass or concentration of a pollutant in wastewater, the
Director may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
(2) When wastewater subject to a Categorical Pretreatment Standard is
mixed with wastewater not regulated by the same standard, the
Page 12
Director shall impose an alternate limit using the combined waste
stream formula in 40 CFR 403.6(e).
(3) A User may obtain a variance from a Categorical Pretreatment
Standard if the User can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating to its
discharge are fundamentally different from the factors considered by
EPA when developing the Categorical Pretreatment Standard.
(4) A CIU may obtain anet/gross adjustment to a Categorical Standard in
accordance with 40 CFR 403.15.
B. If waters or wastes are discharged, or are proposed to be discharged, to the
POTW, which contain the substances or possess the characteristics
enumerated in Section 2.3 of this Ordinance, and which in the judgment of
the Governing Board may have a deleterious effect upon sewage works,
sewage treatment processes, plant equipment, or waters of the State of
Arkansas, or which otherwise create a hazard to life or constitute a public
nuisance, the Governing Board may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the
POTW;
(3) Require payment of sewer surcharge to cover the added cost of
handling and treating the waste not covered by the sewer service
charges for transporting and treating normal Wastewater;
(4) Require control over the quantities and rate of discharge;
(5) If the Governing Board permits the pretreatment or equalization of
Wastewater flows, the design and installation of the plants equipment
shall be subject to the review and approval of the Governing Board and
subject to the requirements of all applicable codes, ordinances, and
laws, and the regulations and requirements of the Arkansas
Department of Environmental Quality, the Arkansas Department of
Health, and the U.S. Environmental Protection Agency;
(5) Commence any action for appropriate legal and\or equitable relief,
including but not limited to injunctive relief, in any court of appropriate
jurisdiction.
Page 13
2.3 Specific Pollutant Limitations
A. No person shall discharge specific Pollutant limitation in excess of these
concentrations:
Daily Monthly
Maximum Average
Cadmium 0.69 mg/L 0.26 mg/L
Chromium 2.77 mg/L 1.71 mg/L
Copper 3.38 mg/L 2.07 mg/L
Cyanide 1.20 mg/L 0.65 mg/L
Lead 0.69 mg/L 0.43 mg/L
Nickel 3.98 mg/L 2.38 mg/L
Silver 0.43 mg/L 0.24 mg/L
Zinc 2.61 mg/L 1.48 mg/L
The above limits apply at the point where the wastewater is discharged to
the POTW. All concentrations for metallic substances are for total metal
unless indicated otherwise.
The Governing Board and the City reserves the right to establish by
ordinance or in Wastewater Discharge Permits, more stringent standards
or requirements on discharges to the POTW to comply with the objectives
presented in Section 1.1 of this Ordinance.
B. The Director may develop Best Management Practices (BMPs), by
ordinance or in individual wastewater discharge permits, to implement
Local Limits and the requirements of Section 2.1.
2.4 Right of Revision
The City reserves the right to establish, by ordinance or in individual Wastewater
Discharge Permits more stringent standards or requirements on discharges to
the POTW consistent with the purpose of this Ordinance.
2.5 Dilution
No User shall ever increase the use of process water, or in any way attempt to
dilute a discharge, as a partial or complete substitute for adequate treatment to
achieve compliance with a discharge limitation unless expressly authorized by an
applicable Pretreatment Standard or Requirement. The Director may impose
mass limitations on Users who are using dilution to meet applicable Pretreatment
Standards or Requirements or in other case when the imposition of mass
limitations is appropriate.
Page 14
SECTION 3 -PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this
Ordinance and shall achieve compliance with all Categorical Pretreatment
Standards, Specific Pollutant Limits, and the prohibitions set out in Section 2.1 of
this Ordinance within the time limitations specified by EPA, the State, or the
Director whichever is more stringent. Any facilities necessary for compliance
shall be provided, operated, and maintained at the User's expense. Detailed
plans describing such facilities and operating procedures shall be submitted to
Director for review, and shall be acceptable to the Director before such facilities
are constructed. The review of such plans and operating procedures shall in no
way relieve the User from the responsibility of modifying such facilities as
necessary to produce a discharge acceptable to the Governing Board under the
provisions of this Ordinance.
3.2 Additional Pretreatment Measures
A. If any waters or wastes which are discharged or which are to be discharged
into the public Sewers contain or possess any of the characteristics
enumerated in Section 2.1 (A) or (B) of this Ordinance and in the judgment
of the Director, may have a deleterious effect upon the sewerage works,
processes, equipment, sludges, or receiving waters or which otherwise
create a hazard to life or constitutes a public nuisances, the Director may (a)
reject the wastes, (b) require Pretreatment to an acceptable condition for
discharge to the public Sewer, and/or (c) require control over the quantities
and rate of discharge.
If the Director requires the Pretreatment or equalization of waste flows, the
design and installation of the plants and equipment shall be subject to the
review and approval of the Director and subject to all applicable codes,
ordinances, and laws. Where Pretreatment of flow equalization facilities are
provided for any waters or wastes, they shall be continuously maintained in
satisfactory and effective operation by the owner or occupant at his own
expenses.
B. Whenever deemed necessary, the Director may require Users to restrict
their discharge during peak flow periods, designate that certain Wastewater
be discharged only into specific Sewers, relocate and/or consolidate points
of discharge, separate sewage wastestreams from industrial wastestreams,
and such other conditions as may be necessary to protect the POTW and
determine the User's compliance with the requirements of this Ordinance.
C. The Director may require any person discharging into the POTW to install
Page 15
and maintain, on their property and at their expense, a suitable storage and
flow-control facility to ensure equalization of flow. An individual Wastewater
Discharge Permit may be issued solely for flow equalization.
D. Grease, oil and sand interceptors (traps) shall be provided when, in the
opinion of the the Director, they are necessary for the proper handling of
liquid wastes containing oil and grease in excessive amounts, or any
flammable wastes, sand or other harmful substances; except that such
interceptors shall not be required for residential users. All interception units
shall be of a type and capacity approved by the Director, and shall be
located as to be readily and easily accessible for cleaning and inspection.
All interceptors shall be maintained by the owner, at his expense, in proper
operating condition.
E. When required by the Director, the owner of any property serviced by a
building sewer carrying industrial waste shall provide a secure sample point
or control manhole which is constructed in accordance with the latest
revision of the Utility's Specification Requirements for sanitary sewers. The
secure point or control manhole shall be safely located and accessible to
duly authorized employees and/or representatives of the Utility at all times.
When deemed necessary by the Director, the secure sample point or control
manhole shall be provided with meters or other appurtenances to facilitate
the monitoring of the wastewater. The cost of the installation and
maintenance of a secure sample point or control manhole shall be borne by
the owner. Any construction and/or alteration of a secure sample point or
control manhole shall be approved by the Director before any construction
has begun.
F. Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
3.3 Accidental Discharge/Slug Discharge Control Plans
At least once every two (2) years, the Director shall evaluate whether each
Significant Industrial User needs an accidental discharge/slug discharge control
plan or other action to control Slug Discharge. The Director may require any
User to develop, submit for approval, and implement such a plan or take such
other action that may be necessary to control Slug Discharges. Alternatively, the
Director may develop such a plan for any User. An accidental discharge/Slug
Discharge control plan shall address, at a minimum, the following:
Description of discharge practices, including non-routine batch discharges;
Description of stored chemicals;
Page 16
Procedures for immediately notifying the Director of any accidental or Slug
Discharge, as required by Section 6.6 of this ordinance and the Industrial Waste
Discharge Permit; and
Procedures to prevent adverse impact from any accidental or Slug Discharge.
Such procedures include, but 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.
3.4 Hauled Wastewater
A. Septic tank waste may be introduced into the POTW only at locations
designated by the Director and at such times as are established by the
Director. Such waste shall not violate Section 2 of this Ordinance or any
other requirements established by the Governing Board. The Director may
require septic tank waste haulers to obtain a Wastewater Discharge
Permits.
B. The Director may require haulers of industrial waste to obtain Wastewater
Discharge Permits. The Director may require generators of hauled
industrial waste to obtain Wastewater Discharge Permits. The Director also
may prohibit the disposal of hauled Industrial Waste. The discharge of
hauled industrial waste is subject to all other requirements of this
Ordinance.
C. Industrial Waste haulers may discharge loads only at locations designated
by the Director. No load may be discharged without prior consent of the
Director. The Director may collect samples of each hauled load to ensure
compliance with applicable standards. The Director may require the
industrial waste hauler to provide a waste analysis of any load prior to
discharge.
D. Industrial waste haulers must provide a waste tracking form for every load.
This form shall include, at a minimum, the name and address of the
industrial waste hauler, permit number, truck identification, names, and
addresses of sources of waste, and volume and characteristics of waste.
The form shall identify the type of industry, known or suspected waste
constituents, and whether any wastes are RCRA hazardous wastes.
SECTION 4 -INDIVIDUAL WASTEWATER DISCHARGE PERMITS
4.1 Wastewater Survey
Page 17
When requested by the Director, a user must submit information on the nature
and characteristics of its wastewater within ninety (90) days of the request. The
Director of is authorized to prepare a form for this purpose and may periodically
require users to update this information.
4.2 Individual Wastewater Discharge Permit Requirement
A. No Significant Industrial User shall discharge wastewater into the POTW
without first obtaining an individual Wastewater Discharge Permit from the
Director, except that a Significant Industrial User that has filed a timely
application pursuant to Section 4.3 of this Ordinance may continue to
discharge for the time period specified therein.
B. The Director may require other users to obtain individual Wastewater
Discharge Permits as necessary to carry out the purposes of this
Ordinance.
C. Any violation of the terms and conditions of an individual Wastewater
Discharge Permit shall be deemed a violation of this Ordinance and
subjects the Wastewater Discharge Permittee to the sanctions set out in
Sections 10 through 12 of this Ordinance. Obtaining an individual
Wastewater Discharge Permit does not relieve a permittee of its obligation
to comply with all Federal and State Pretreatment Standards or
Requirements or with any other requirements of Federal, State, and local
I aw.
4.3 Individual Wastewater Discharge Permitting: Existing Connections
Any existing industrial user identified by the Governing Board and required by the
Director to obtain an Industrial Wastewater Discharge Permit shall be notified by
the Director in writing and shall complete and return an Industrial Wastewater
Discharge Permit Application within the time established by the Director. The
Director may deny or condition the contribution of pollutants by such user in the
Industrial Wastewater Discharge Permit.
4.4 Individual Wastewater Discharge Permitting: New Connections
Any user required by the Director to obtain a Wastewater Discharge Permit who
proposes to begin or recommence discharging into the POTW must obtain such
permit prior to the beginning or recommencing of such discharge. An application
for this Wastewater Discharge Permit must be filed at least ninety (90) days prior
to the date upon which any discharge will begin or recommence. The Director
may deny or condition the contribution of pollutants by such user in the Industrial
Wastewater Discharge Permit.
Page 18
4.5 Individual Wastewater Discharge Permit Application Contents
A. All users required by the Director shall submit an Industrial Wastewater
Discharge Permit application to the Governing Board, the form for which
shall be provided by the Governing Board. The information required in the
permit application shall, where requested or appropriate included but not
limited to:
(1) Identifying Information.
a. The name and address of the facility, including the name of the
operator and owner.
b. Contact information, description of activities, facilities, and plant
production processes on the premises;
(2) Environmental Permits. A list of any environmental control permits held
by or for the facility.
(3) Description of Operations.
a. A brief description of the nature, average rate of production
(including each product produced by type, amount, processes, and
rate of production), and standard industrial classifications of the
operation(s) carried out by such user. This description should
include a schematic process diagram, which indicates points of
discharge to the POTW from the regulated processes.
b. Types of wastes generated, and a list of all raw materials and
chemicals used or stored at the facility which are, or could
accidentally or intentionally be, discharged to the POTW;
c. Number and type of employees, hours of operation, and proposed or
actual hours of operation;
d. Type and amount of raw materials processed (average and
maximum per day);
e. Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(4) Time and duration of discharges;
(5) The location for monitoring all wastes covered by the permit;
(6) Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
Page 19
combined wastestream formula set out in Section 2.2 (A) (2) (40 CFR
403.6(e)).
(7) Measurement of Pollutants.
a. The Categorical Pretreatment Standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
b. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the
Director, of regulated pollutants in the discharge from each regulated
process.
c. Instantaneous, Daily Maximum, and long-term average
concentrations, or mass, where required, shall be reported.
d. The sample shall be representative of daily operations and shall be
analyzed in accordance with procedures set out in Section 6.10 of
this Ordinance. Where the Standard requires compliance with a
BMP or Pollution prevention alternative, the User shall submit
documentation as required by the Director or the applicable
Standards to determine compliance with the Standard.
e. Sampling must be performed in accordance with procedures set out
in Section 6.11 of this Ordinance.
(8) Any requests for a monitoring waiver (or a renewal of an approved
monitoring waiver) for a pollutant neither present nor expected to be
present in the discharge based on Section 6.4 B [40 CFR 403.12(e)(2)].
(9) Any other information as may be deemed necessary by the Director to
evaluate the permit application.
Incomplete or inaccurate applications will not be processed and will be
returned to the User for revision.
4.6 Application Signatories and Certifications
A. All Wastewater Discharge Permit applications, User reports and certification
statements must be signed by an Authorized Representative of the User
and contain the certification statement in Section 6.14.A.
B. If the designation of an Authorized Representative is no longer accurate
because a different individual or position has responsibility for the overall
operation of the facility or overall responsibility for environmental matters for
the company, a new written authorization satisfying the requirements of this
Section must be submitted to the Director prior to or together with any
reports to be signed by an Authorized Representative.
Page 20
C. A facility determined to be aNon-Significant Categorical Industrial User by
the Director pursuant to 1.4 must annually submit the signed certification
statement in Section 6.14 B.
4.7 Individual Wastewater Discharge Permit Decisions
The Director will evaluate the data furnished by the User and may require
additional information. Within thirty (30) days of receipt of a complete permit
application, the Director will determine whether to issue and individual
wastewater discharge permit. The Director may deny any application for an
individual wastewater discharge permit.
SECTION 5 -INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE
5.1 Individual Wastewater Discharge Permit Duration
An individual Wastewater Discharge Permit shall be issued for a specified time
period, not to exceed three (3) years from the effective date of the permit. Each
individual Wastewater Discharge Permit will indicate a specific date upon which it
will expire.
5.2 Individual Wastewater Discharge Permit Contents
An individual Wastewater Discharge Permit shall include such conditions as are
deemed reasonably necessary by the Director to prevent Pass Through or
Interference, protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management and
disposal, and protect against damage to the POTW.
A. Individual Wastewater Discharge Permits must contain:
(1) A statement that indicates the Wastewater Discharge Permit issuance
date, expiration date and effective date;
(2) A statement that the Wastewater Discharge Permit is nontransferable
without prior notification to the Director in accordance with Section 5.5 of
this Ordinance, and provisions for furnishing the new owner or operator
with a copy of the existing Wastewater Discharge Permit;
(3) Effluent limits, including Best Management Practices, based on
applicable Pretreatment Standards;
(4) Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
Pollutants (or best management practice) to be monitored, sampling
Page 21
location, sampling frequency, and sample type based on Federal, State,
and local law.
(5) A 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 time for
compliance beyond that required by applicable Federal, State, or local
law.
(6) Requirements to control Slug Discharge, if determined by the Director to
be necessary.
B. Individual Wastewater Discharge Permits may contain, but need not be
limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of Pretreatment technology, Pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of Pollutants into the
treatment works;
(3) Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of Pollutants discharged to the POTW;
(5) The unit charge or schedule of User charges and fees for the
management of the Wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and
sampling facilities and equipment, including flow measurement devices;
(7) A statement that compliance with the individual Wastewater Discharge
Permit does not relieve the permittee of responsibility for compliance
with all applicable Federal and State Pretreatment Standards, including
those which become effective during the term of the individual
Wastewater Discharge Permit; and
(8) Other conditions as deemed appropriate by the Director to ensure
compliance with this Ordinance, and State and Federal laws, rules, and
regulations.
Page 22
5.3 Wastewater Discharge Permit Modification
The Director may modify a Wastewater Discharge Permit for good cause,
including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State or local Pretreatment
Standards or requirements;
B. To address significant alterations or additions to the User's operation,
processes or Wastewater volume or character since the time 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 the
POTW and/or it's personnel, or the 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; or
To reflect a transfer of the facility ownership or operation to a new owner or
operator.
5.4 Wastewater Discharge Permit Transfer
Wastewater Discharge Permits may be transferred to a new owner or operator
only if the permittee gives at least sixty (60) days advance notice to the Director
and the Director approves the Wastewater Discharge Permit transfer. The notice
to the Director must include a written certification by the new owner or operator
which:
A. States that the new owner and/or operator has not immediate intent to
change the facility's operation and processes;
B. Identifies the specific dates on which the transfer is to occur; and
Page 23
C. Acknowledges full responsibility for complying with the existing Wastewater
Discharge Permit.
Failure to provide advance notice of a transfer renders the Wastewater
Discharge Permit void as of the date of facility transfer.
5.5 Wastewater Discharge Permit Revocation
The Director may revoke an individual wastewater discharge permit for good
cause, including but not limited to, the following reasons:
A. Failure to notify the Director of significant changes to the Wastewater prior
to the changed discharge;
B. Failure to provide prior notification to the Director of changed conditions
pursuant to Section 6.5 of this Ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the
Wastewater Discharge Permit application;
D. Falsifying self-monitoring reports and certification statements;
E. Tampering with monitoring equipment;
F. Refusing to allow the Director timely access to the facility premises and
records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
Failure to pay Sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a Wastewater survey or the Wastewater Discharge
Permit application;
L. Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
M. Violation of any Pretreatment Standard or Requirement, or any terms of the
Wastewater Discharge Permit or this Ordinance.
Individual Wastewater Discharge Permits shall be voidable upon cessation of
operations or transfer of business ownership. All individual Wastewater
Page 24
Discharge Permits issued to a User are void upon the issuance of a new
individual Wastewater Discharge Permit to that User.
SECTION 6 -REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a
Categorical Pretreatment Standard, or the final administrative decision on a
category determination under 40 CFR 403.6(a) (4), whichever is later,
existing Categorical Industrial Users currently discharging to or scheduled to
discharge to the POTW shall submit to the Director a report which contains
the information listed in paragraph B, below. At least ninety (90) days prior
to commencement of their discharge, New Sources, and sources that
become Categorical Industrial Users subsequent to the promulgation of an
applicable Categorical Standard, shall submit to the Director a report which
contains the information listed in paragraph B, below. A New Source shall
report the method of Pretreatment it intends to use to meet applicable
Categorical Standards. A New Source also shall give estimates of its
anticipated flow and quantity of Pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) All information required in Section 4.5A (1) (a), Section 4.5A (2), Section
4.5A (3) (a), and Section 4.5A (6).
(2) Measurement of Pollutants.
a. The User shall provide the information required in Section 4.5 A (7)
(a) through (d).
b. The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
paragraph.
c. Samples should be taken immediately downstream from
Pretreatment facilities if such exist or immediately downstream from
the regulated process if no Pretreatment exists. If other Wastewaters
are mixed with the regulated Wastewater prior to Pretreatment the
User should measure the flows and concentrations necessary to
allow use of the combined wastestream formula in 40 CFR 403.6(e)
to evaluate compliance with the Pretreatment Standards. Where an
alternate concentration or mass limit has been calculated in
accordance with 40 CFR 403.6(e) this adjusted limit along with
supporting data shall be submitted to the Control Authority;
d. Sampling and analysis shall be performed in accordance with Section
6.10;
Page 25
e. The Director may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial Pretreatment measures;
f. The baseline report shall indicate the time, date and place of
sampling and methods of analysis, and shall certify that such
sampling and analysis is representative of normal work cycles and
expected Pollutant discharges to the POTW.
(3) Compliance Certification. A statement, reviewed by the User's
Authorized Representative as defined in Section 1.4 (3) and certified by a
qualified professional, indicating whether Pretreatment Standards are
being met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additional Pretreatment is required to
meet the Pretreatment Standards and Requirements.
(4) Compliance Schedule. If additional Pretreatment and/or O&M will be
required to meet the Pretreatment Standards, the shortest schedule by
which the User will provide such additional Pretreatment and/or O&M
must be provided. The completion date in this schedule shall not be later
than the compliance date established for the applicable Pretreatment
Standard. A compliance schedule pursuant to this Section must meet the
requirements set out in Section 6.2 of this Ordinance.
(5) Signature and Report Certification. All baseline monitoring reports must
be certified in accordance with Section 6.14 A of this Ordinance and
signed by an Authorized Representative as defined in Section 1.4 (3).
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by
Section 6.1(B) (4) of this Ordinance:
A. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional Pretreatment required for the User to meet the
applicable Pretreatment Standards (such events include, but are not limited
to, hiring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing construction,
and beginning and conducting routine operation);
B. No increment referred to above shall exceed nine (9) months;
C. The User shall submit a progress report to the Director no later than
fourteen (14) days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with the
Page 26
increment of progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established schedule; and
D. In no event shall more than nine (9) months elapse between such progress
reports to the Director.
6.3 Reports on Compliance with Categorical Pretreatment Standard
Deadline
Within ninety (90) days following the date for final compliance with applicable
Categorical Pretreatment Standards, or in the case of a New Source following
commencement of the introduction of wastewater into the POTW, any User
subject to such Pretreatment Standard and Requirements shall submit to the
Director a report containing the information described in Section 4.5A (6) and (7)
and Section 6.1 (B) (2) of this Ordinance. For users subject to equivalent mass
or concentration limits established in accordance with the procedures in 40 CFR
403.6 (c), this report shall contain a reasonable measure of the User's long term
production rate. For all other Users subject to Categorical Pretreatment
Standards expressed in terms of allowable Pollutant discharge per unit of
production (or other measure of operation), this report shall include the User's
actual production during the appropriate sampling period. All compliance reports
must be signed and certified in accordance with Section 4.6 of this Ordinance.
6.4 Periodic Compliance Reports
A. Except as specified in Section 6.4 (C), all Significant Industrial Users must,
at a frequency determined by the Director submit no less than twice per
year (June and December [or on dates specified]) reports indicating the
nature, concentration of Pollutants in the discharge which are limited by
Pretreatment Standards and the measured or estimated average and
maximum daily flows for the reporting period. In cases where the
Pretreatment Standard requires compliance with a Best Management
Practice (BMP) or Pollution prevention alternative, the User must submit
documentation required by the Director or the Pretreatment Standard
necessary to determine the compliance status of the User.
B. The City may authorize an Industrial User subject to a Categorical
Pretreatment Standard to forego sampling of a Pollutant regulated by a
Categorical Pretreatment Standard if the Industrial User has demonstrated
through sampling and other technical factors that the Pollutant is neither
present nor expected to be present in the discharge, or is present only at
background levels from intake water and without any increase in the
Pollutant due to activities of the Industrial User. [see 40 CFR 403.12(e)(2)]
This authorization is subject to the following conditions:
Page 27
(1) The waiver may be authorized where a Pollutant is determined to be
present solely due to sanitary Wastewater discharged from the facility
provided that the sanitary Wastewater is not regulated by an applicable
Categorical Standard and otherwise includes no process Wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period
of the individual Wastewater Discharge Permit, but in no case longer
than 5 years. The User must submit a new request for the waiver before
the waiver can be granted for each subsequent individual Wastewater
Discharge Permit. See Section 4.5 (A) (8).
(3) In making a demonstration that a Pollutant is not present, the Industrial
User must provide data from at least one sampling of the facility's
process Wastewater prior to any treatment present at the facility that is
representative of all Wastewater from all processes.
(4) The request for a monitoring waiver must be signed in accordance with
Section 1.4 (3), and include the certification statement in Section 6.14
(40 CFR 403.6(a) (2) (ii)).
(5) Non-detectable sample results may be used only as a demonstration
that a Pollutant is not present if the EPA approved method from 40 CFR
Part 136 with the lowest minimum detection level for that Pollutant was
used in the analysis.
(6) Any grant of the monitoring waiver by the Director must be included as a
condition in the User's permit. The reasons supporting the waiver and
any information submitted by the User in its request for the waiver must
be maintained by the Director for 3 years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the User's permit
by the Director, the Industrial User must certify on each report with the
statement in Section 6.14 (C) below, that there has been no increase in
the Pollutant in its wastestream due to activities of the Industrial User.
(8) In the event that a waived Pollutant is found to be present or is expected
to be present because of changes that occur in the User's operations,
the User must immediately: Comply with the monitoring requirements of
Section 6.4(A), or other more frequent monitoring requirements imposed
by the Director and notify the Director.
(9) This provision does not supersede certification processes and
requirements established in Categorical Pretreatment Standards, except
as otherwise specified in the Categorical Pretreatment Standard.
Page 28
C. The City may reduce the requirement for periodic compliance reports [see
Section 6.4 (A) (40 CFR 403.12(e)(1))] to a requirement to report no less
frequently than once a year, unless required more frequently in the
Pretreatment Standard or by the [EPA/State].
D. All periodic compliance reports must be signed and certified in accordance
with Section 6.14 (A) of this Ordinance.
E. All Wastewater samples must be representative of the User's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The
failure of a User to keep its monitoring facility in good working order shall
not be grounds for the User to claim that sample results are
unrepresentative of its discharge.
F. If a User subject to the reporting requirement in this section monitors any
regulated Pollutant at the appropriate sampling location more frequently
than required by the Director, using the procedures prescribed in Section
6.11 of this Ordinance, the results of this monitoring shall be included in the
report.
6.5 Reports of Changed Conditions
Each User must notify the Director of any significant changes to the User's
operations or system which might alter the nature, quality, or volume of its
Wastewater at least fifteen (15) days before the change.
A. The Director may require the User to submit such information as may be
deemed necessary to evaluate the changed condition, including the
submission of a Wastewater Discharge Permit application under Section 4.5
of this Ordinance.
B. The Director may issue an individual Wastewater Discharge Permit under
Section 5 of this Ordinance or modify an existing Wastewater Discharge
Permit under Section 5.3 of this Ordinance in response to changed
conditions or anticipated changed conditions.
C. No User shall implement the planned change condition(s) until and unless
the Director has responded to the User's notice.
6.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a Slug Discharge or Slug Load, that might cause potential
problems for the POTW, the User shall immediately telephone and notify the
Page 29
Director of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the User.
B. Within five (5) days following such discharge, the User shall, unless waived
by the Director, submit a detailed written report describing the cause(s) of
the discharge and the measures to be taken by the User to prevent similar
future occurrences. Such notification shall not relieve the User of any
expense, loss, damage, or other liability which might be incurred as a result
of damage to the POTW, natural resources, or any other damage to person
or property; nor shall such notification relieve the User of any fines,
penalties, or other liability which may be imposed pursuant to this
Ordinance.
C. A notice shall be permanently posted on the User's bulletin board or other
prominent place advising employees who to call in the event of a discharge
described in paragraph A, above. Employers shall ensure that all
employees, who could cause such a discharge to occur, are advised of the
emergency notification procedure.
D. Significant Industrial Users are required to notify the Director immediately of
any changes at its facility affecting the potential for a Slug Discharge.
6.7 Reports from Unpermitted Users
All Users not required to obtain an individual Wastewater Discharge Permit shall
provide appropriate reports to the Director as the Director may require.
6.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must notify the
Director within twenty-four (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 Director within thirty (30) days after becoming aware of the
violation. Resampling by the Industrial User is not required if the City performs
sampling at the User's facility at least once a month, or if the City performs
sampling at the User between the time when the initial sampling was conducted
and the time when the User or the City receives the results of this sampling, or if
the City has performed the sampling and analysis in lieu of the Industrial User.
If the City performed the sampling and analysis in lieu of the Industrial User, the
City will perform the repeat sampling and analysis unless it notifies the User of
the violation and requires the User to perform the repeat sampling and analysis.
See 40 CFR 403.12(g) (2).]
Page 30
6.9 Notification of the Discharge of Hazardous Waste
A. Any User who commences the discharge of hazardous waste shall notify
the POTW, the EPA Regional Waste Management Division Director, and
State hazardous waste authorities, in writing, of any discharge into the
POTW of a substance which, if otherwise disposed of, would be 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 User discharges more than one hundred (100) kilograms of
such waste per calendar month to the POTW, the notification also shall
contain the following information to the extent such information is known
and readily available to the User: an identification of the hazardous
constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream discharged during
that calendar month, and an estimation of the mass of constituents in the
wastestream expected to be discharged during the following twelve (12)
months. All notifications must take place no later than one hundred and
eighty (180) days after the discharge commences. Any notification under
this paragraph need be submitted only once for each hazardous waste
discharged. However, notifications of changed conditions must be submitted
under Section 6.5 of this Ordinance. The notification requirement in this
Section does not apply to Pollutants already reported by Users subject to
Categorical Pretreatment Standards under the self-monitoring requirements
of Sections 6.1, 6_3, and 6_4 of this Ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above,
during a calendar month in which they discharge no more than fifteen (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 fifteen (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 aone-time notification. Subsequent
months during which the User discharges more than such quantities of any
hazardous waste do not require additional notification.
C. In the case of any new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the User must notify the Director, the EPA
Regional Waste Management Waste Division Director, and State hazardous
waste authorities of the discharge of such substance within ninety (90) days
of the effective date of such regulations.
D. In the case of any notification made under this Section, the User shall certify
that it has a program in place to reduce the volume and toxicity of
Page 31
hazardous wastes generated to the degree it has determined to be
economically practical.
E. This provision does not create a right to discharge any substance not
otherwise permitted to be discharged by this Ordinance, a permit issued
there under, or any applicable Federal or State law.
6.10 Analytical Requirements
All Pollutant analyses, including sampling techniques, to be submitted as part of
a Wastewater Discharge Permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136 and amendments
thereto, unless otherwise specified in an applicable Categorical Pretreatment
Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques
for the Pollutant in question, or where the EPA determines that the Part 136
sampling and analytical techniques are inappropriate for the Pollutant in
question, sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures, including
procedures suggested by the Director or other parties approved by EPA.
6.11 Sample Collection
Samples collected to satisfy reporting requirements must be based on data
obtained through appropriate sampling and analysis performed during the period
covered by the report, based on data that is representative of conditions
occurring during the reporting period.
A. Except as indicated in Section B and C below, the User must collect
Wastewater samples using 24-hour flow proportional composite sampling
techniques, unless time proportional Composite Sampling or Grab Sampling
is authorized by the Director. Where time proportional Composite Sampling
or Grab Sampling is authorized by the City, the samples must be
representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance,
multiple Grab Samples collected during a 24-hour period may be
composited prior to the analysis as follows: for cyanide, total phenols, and
sulfides the samples may be composited in the laboratory or in the field; for
volatile organics and oil and grease, the samples may be composited in the
laboratory. Composite Samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies
may be authorized by the City, as appropriate. In addition, Grab Samples
may be required to show compliance with Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
Page 32
C. For sampling required in support of baseline monitoring and 90-day
compliance reports required in Section 6.1 and 6_3 [40 CFR 403.12(b) and
(d)], a minimum of four (4) Grab Samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide and volatile organic compounds for
facilities for which historical sampling data do not exist; for facilities for
which historical sampling data are available, the Director may authorize a
lower minimum. For the reports required by paragraphs Section 6.4 (40
CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the
number of Grab Samples necessary to assess and assure compliance by
with applicable Pretreatment Standards and Requirements.
6.12 Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date postmarked.
For reports, which are not mailed, postage prepaid, into a mail facility serviced by
the United States Postal Service, the date of receipt of the report shall govern.
6.13 Recordkeeping
Users subject to the reporting requirements of this Ordinance shall retain, and
make available for inspection and copying, all records of information obtained
pursuant to any monitoring activities required by this Ordinance, any additional
records of information obtained pursuant to monitoring activities undertaken by
the User independent of such requirements, and documentation associated with
Best Management Practices established under Section 2.3 (B). Records shall
include the date, exact place, method, and time of sampling, and the name of the
person(s) taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods used; and the
results of such analyses. These records shall remain available for a period of at
least three (3) years. This period shall be automatically extended for the duration
of any litigation concerning the User or the City, or where the User has been
specifically notified of a longer retention period by the Director.
6.14 Certification Statements
A. Certification of Permit Applications, Users Reports and Initial Monitoring
Waiver. The following certification statement is required to be signed and
submitted by users submitting permit application in accordance with Section 4:
Users submitting baseline monitoring reports under Section 6.1; Users submitting
reports on compliance with categorical Pretreatment Standard deadlines under
Section 6.3; Users submitting periodic compliance reports required by Section
6.4 (A_D), and Users submitting an initial request to forego sampling of a
pollutant on the basis of Section 6.4 (B). The following certification statement
must be signed by an Authorized Representative as defined in Section 1.4 (3).
Page 33
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.
B. Annual Certification for Non-Significant Categorical Industrial Users. A
facility determined to be aNon-Significant Categorical Industrial User by the
Director pursuant to Section 1.4 (47) and Section 4.6 (C) must annually submit
the following certification statement signed in accordance with the signatory
requirements in Section 1.4 (3). This certification must accompany an alternative
report required by the Director.
Based on my inquiry of the person or persons directly responsible for
managing compliance with the categorical Pretreatment Standard under 40
CFR ,I certify that, to the best of my knowledge and belief that during the
period from to (months, days,year):
(a) The facility described as
met the definition of aNon-Significant Categorical
Section 1.4 (47);
(facility name)
Industrial User as described in
(b) The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this period.
This compliance certification is based on the following information.
C. Certification of Pollutants Not Present. Users that have an approved
monitoring waiver based on Section 6.4 (B) must certify on each report with
following statement that there has been no increase in the pollutant in its
wastestream due to activities of the user,
Based on my inquiry of the person or persons directly responsible for
managing compliance with the Pretreatment Standard for 40 CFR (specify
applicable National Pretreatment Standard part(s), I certify that, to the best of my
Page 34
knowledge and belief, there has been no increase in the level of (list
pollutant(s) in the wastewaters due to activities at the facility since filing of the
last periodic report under Section 6.4 (A).
SECTION 7 -COMPLIANCE MONITORING
7.1 Right of Entrv: Inspection and Sampling
The Director shall have the right to enter the premises of any User to determine
whether the User is complying with all requirements of this Ordinance and any
individual Wastewater Discharge Permit or order issued hereunder. Users shall
allow the Director ready access to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, and the performance of
any additional duties.
A. Where a User has security measures in force which require proper
identification and clearance before entry into its premises, the User shall
make necessary arrangements with its security guards so that, upon
presentation of suitable identification, the Director shall be permitted to enter
without delay for the purposes of performing specific responsibilities.
B. The Director shall have the right to set up on the User's property, or require
installation of, such devices as are necessary to conduct sampling and/or
metering of the User's operations.
C. The Director may require the User to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the User
at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated weekly to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
User at the written or verbal request of the Director and shall not be
replaced. The costs of clearing such access shall be born by the User.
E. Unreasonable delays in allowing the Director access to the User's premises
shall be a violation of this Ordinance.
7.2 Search Warrants
If the Director has been refused access to a building, structure, or property, or
any part thereof, and is able to demonstrate probable cause to believe that there
may be a violation of this Ordinance, or that there is a need to inspect and/or
Page 35
sample as part of a routine inspection and sampling program of the Utility
designed to verify compliance with this Ordinance or any permit or order issued
hereunder, or to protect the overall public health, safety and welfare of the
community, the Director may seek issuance of a search warrant from the District
Court Judge of the City of West Memphis, Arkansas, or any other Court of
competent jurisdiction.
SECTION 8 -CONFIDENTIAL INFORMATION
Information and data on a User obtained from reports, surveys, Wastewater
Discharge Permit applications, individual Wastewater Discharge Permits, and
monitoring programs, and from the Director's inspection and sampling activities,
shall be available to the public without restriction, unless the User specifically
requests, and is able to demonstrate to the satisfaction of the Director, that the
release of such information would divulge information, processes, or methods of
production entitled to protection as trade secrets under applicable State law. Any
such request must be asserted at the time of submission of the information or
data. When requested and demonstrated by the User furnishing a report that
such information should be held confidential, the portions of a report which might
disclose trade secrets or secret processes shall not be made available for
inspection by the public, but shall be made available immediately upon request to
governmental agencies for uses related to the NPDES program or Pretreatment
program, and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other effluent data, as
defined at 40 CFR 2.302 shall not be recognized as confidential information and
shall be available to the public without restriction.
SECTION 9 -PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Director shall publish annually, in a newspaper of general circulation that
provides meaningful public notice within the jurisdictions served by the_POTW, a
list of the Users which, at any time during the previous twelve (12) months, were
in Significant Noncompliance with applicable Pretreatment Standards and
Requirements. The term Significant Noncompliance shall be applicable to all
Significant Industrial Users (or any other Industrial User that violates paragraphs
(C), (D) or (H) of this Section) and shall mean:
A. Chronic violations of Wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of all the measurements taken for the
same Pollutant parameter taken during a six (6) month period exceed (by
any magnitude) a numeric Pretreatment Standard or Requirement, including
Instantaneous Limits as defined in Section 2;
B. Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of Wastewater measurements taken for
each pollutant parameter during a six (6) month period equals or exceeds
Page 36
the product of the numeric Pretreatment Standard or Requirement including
Instantaneous Limits, as defined by Section 2 multiplied by the applicable
criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other
Pollutants except pH);
C. Any other violation of a Pretreatment Standard or Requirement as defined
by Section 2 (Daily Maximum, long-term average, Instantaneous Limit, or
narrative standard) that the Director determines has caused, alone or in
combination with other discharges, Interference or Pass Through, including
endangering the health of POTW personnel or the general public;
D. Any discharge of a Pollutant that has caused imminent endangerment to the
public or to the environment, or has resulted in the Director's exercise of its
emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in an individual Wastewater Discharge Permit
or enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide within forty-five (45~ days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
Categorical Pretreatment Standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of Best Management
Practices, which the Director determines will adversely affect the operation
or implementation of the local Pretreatment Program.
SECTION 10 -ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
When the Director finds that a User has violated, or continues to violate, any
provision of this Ordinance, an individual Wastewater Discharge Permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, the
Director may serve upon that User a written Notice of Violation. Within fifteen
(15) days of the receipt of such notice, an explanation of the violation and a plan
for the satisfactory correction and prevention thereof, to include specific required
actions, shall be submitted by the User to the Director. Submission of such a
plan in no way relieves the User of liability for any violations occurring before or
after receipt of the Notice of Violation. Nothing in this Section shall limit the
authority of the Director to take any action, including emergency actions or any
other enforcement action, without first issuing a Notice of Violation.
Page 37
10.2 Consent Orders
The Director may enter into Consent Orders, assurances of compliance, or other
similar documents establishing an agreement with any User responsible for
noncompliance. Such documents shall include specific action to be taken by the
User to correct the noncompliance within a time period specified by the
document. Such documents shall have the same force and effect as the
administrative orders issued pursuant to Sections 10.4 and 10.5 of this
Ordinance and shall be judicially enforceable.
10.3 Show Cause Hearing
The Director may order a User which has violated, or continues to violate, any
provision of this Ordinance, an individual Wastewater Discharge Permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, to appear
before the Director and show cause why the proposed enforcement action should
not be taken. Notice shall be served on the User specifying the time and place
for the meeting, the proposed enforcement action, the reasons for such action,
and a request that the User show cause why the proposed enforcement action
should not be taken. The notice of the meeting shall be served personally or by
registered or certified mail (return receipt requested) at least ten (10) days prior
to the hearing. Such notice may be served on any Authorized Representative of
the User as defined in Section 1.4 (3). A show cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the User.
10.4 Compliance Orders
When the Director finds that a User has violated, or continues to violate, any
provision of this Ordinance, an individual Wastewater Discharge Permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, the
Director may issue an order to the User responsible for the discharge directing
that the User come into compliance within a specified time. If the User does not
come into compliance within the time provided, Sewer service may be
discontinued unless adequate treatment facilities, devices, or other related
appurtenances are installed and properly operated. Compliance orders also may
contain other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the amount of
Pollutants discharged to the Sewer. A compliance order may not extend the
deadline for compliance established for a Pretreatment Standard or
Requirement, nor does a compliance order relieve the User of liability for any
violation, including any continuing violation. Issuance of a compliance order shall
not be a bar against, or a prerequisite for, taking any other action against the
User.
Page 38
10.5 Cease and Desist Orders
When the Director finds that a User has violated, or continues to violate, any
provision of this Ordinance, an individual Wastewater Discharge Permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, or that
the User's past violations are likely to recur, the Director may issue an order to
the User directing it to cease and desist all such violations and directing the User
to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge. Issuance of a cease and
desist order shall not be a bar against, or a prerequisite for, taking any other
action against the User.
10.6 Administrative Fines
A. When the Director finds that a User has violated, or continues to violate, any
provision of this Ordinance, an individual Wastewater Discharge Permit, or
order issued hereunder, or any other Pretreatment Standard or
Requirement, the Director may fine such User in an amount not to exceed
$1,000.00 Such fines shall be assessed on aper-violation, per-day basis.
In the case of monthly or other long-term average discharge limits, fines
shall be assessed for each day during the period of violation.
B. Users desiring to dispute such fines must file a written request for the
Director to reconsider the fine along with full payment of the fine amount
within ten (10) days of being notified of the fine. Where a request has merit,
the Director may convene a hearing on the matter. In the event the User's
request is granted, the payment shall be returned to the User. The Director
may add the costs of preparing administrative enforcement actions, such as
notices and orders, to the fine.
C. Issuance or pursuit of an administrative fine shall not be a bar against, or a
prerequisite for, taking any other action against the User.
10.7 Emeraency Suspensions
The Director may immediately suspend a User's discharge, after informal notice
to the User, whenever such suspension is necessary to stop an actual or
threatened discharge, which reasonably appears to present, or cause an
imminent or substantial endangerment to the health or welfare of persons. The
Director may also immediately suspend a User's discharge, after notice and
Page 39
opportunity to respond, that threatens to interfere with the operation of the
POTW, or which presents, or may present, an endangerment to the environment.
A. Any User notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a User's failure to immediately
comply voluntarily with the suspension order, the Director may take such
steps as deemed necessary, including immediate severance of the Sewer
connection, to prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals. The Director may allow the
User to recommence its discharge when the User has demonstrated to the
satisfaction of the Director that the period of endangerment has passed,
unless the termination proceedings in Section 10.8 of this Ordinance are
initiated against the User.
B. A User that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful contribution and the measures taken to
prevent any future occurrence, to the Director prior to the date of any show
cause or termination hearing under Sections 10.3 or 10.8 of this Ordinance.
Nothing in this Section shall be interpreted as requiring a hearing prior to any
Emergency Suspension under this Section.
10.8 Termination of Discharge
In addition to the provisions in Section 5.5 of this Ordinance, any User who
violates the following conditions is subject to discharge termination:
A. Violation of individual Wastewater Discharge Permit conditions;
B. Failure to accurately report the Wastewater constituents and characteristics
of its discharge;
C. Failure to report significant changes in operations or Wastewater volume,
constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the User's premises for the purpose of
inspection, monitoring, or sampling; or
E. Violation of the Pretreatment Standards in Section 2 of this Ordinance.
Page 40
Such User will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under Section 10.3 of this Ordinance why
the proposed action should not be taken. Exercise of this option by the Director
shall not be a bar to, or a prerequisite for, taking any other action against the
User.
SECTION 11 -JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
When the Director finds that a User has violated, or continues to violate, any
provision of this Ordinance, an individual Wastewater Discharge Permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, the
Director may petition District court through the City Attorney for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or compels
the specific performance of the individual Wastewater Discharge Permit, order, or
other requirement imposed by this Ordinance on activities of the User. The
Director may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the User to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a User.
11.2 Civil Penalties
A. A User who has violated, or continues to violate, any provision of this
Ordinance, an individual Wastewater Discharge Permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement shall be
liable to the Utility for a maximum civil penalty of $1,000.00 per violation, per
day. In the case of a monthly or other long-term average discharge limit,
penalties shall accrue for each day during the period of the violation; and,
each day of continuing violation may be deemed a separate violation.
B. The Director may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the
City.
C. In determining the amount of civil liability, the Court shall take into account
all relevant circumstances, including, but not limited to, the extent of harm
caused by the violation, the magnitude and duration of the violation, any
economic benefit gained through the User's violation, corrective actions by
the User, the compliance history of the User, and any other factor as justice
requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a User.
Page 41
11.3 Criminal Prosecution
A. A User who willfully or negligently violates any provision of this Ordinance,
an individual Wastewater Discharge Permit, or order issued hereunder, or
any other Pretreatment Standard or Requirement shall, upon conviction, be
guilty of a misdemeanor, punishable by a fine of not more than $1,000.00
per violation, per day, or imprisonment for such term as allowed by the law
or both.
B. A User who willfully or negligently introduces any substance into the POTW
which causes personal injury or property damage shall, upon conviction, be
guilty of a misdemeanor and be subject to a penalty of at feast $100.00 but
not more than $500.00 for any one (1) specified offense or violation thereof,
and not less than $100.00 but not more than $1,000.00 for each repetition of
such event or violation, or be subject to imprisonment for such term as
allowed by law, or both. This penalty shall be in addition to any other cause
of action for personal injury or property damage available under State law.
C. A User who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation
filed, or required to be maintained, pursuant to this Ordinance, individual
Wastewater Discharge Permit, or order issued hereunder, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or
method required under this Ordinance shall, upon conviction, be punished
by a fine of $100.00 but not more than $500.00 for any one (1) specified
offense or violation thereof, and not less than $100.00 but not more than
$1,000.00 for each repetition of such event or violation, or be subject to
imprisonment for such term as allowed. This penalty shall be in addition to
any other cause of action for personal injury or property damage available
under State law.
11.4 Remedies Nonexclusive
The remedies provided for in this Ordinance are not exclusive. The Director may
take any, all, or any combination of these actions against a noncompliant User.
Enforcement of Pretreatment violations will generally be in accordance with the
Utility's enforcement response plan. However, the Director may take other action
against any User when the circumstances warrant. Further, the Director is
empowered to take more than one enforcement action against any noncompliant
User.
SECTION 12 -SUPPLEMENTAL ENFORCEMENT ACTION
12.1 Performance Bonds
Page 42
The Director may decline to issue or reissue an individual Wastewater Discharge
Permit to any User who has failed to comply with any provision of this Ordinance,
a previous individual Wastewater Discharge Permit, or order issued hereunder,
or any other Pretreatment Standard or Requirement, unless such User first files a
satisfactory bond, payable to the City, in a sum not to exceed a value determined
by the Director to be necessary to achieve consistent compliance.
12.2 Liability Insurance
The Director may decline to issue or reissue an individual Wastewater Discharge
Permit to any User who has failed to comply with any provision of this Ordinance,
a previous individual Wastewater Discharge Permit, or order issued hereunder,
or any other Pretreatment Standard or Requirement, unless the User first
submits proof that it has obtained financial assurances sufficient to restore or
repair damage to the POTW caused by its discharge.
12.3 Payment of Outstanding Fees and Penalties
The Director may decline to issue or reissue an individual Wastewater Discharge
Permit to any User who has failed to pay any outstanding fees, fines or penalties
incurred as a result of any provision of this Ordinance, a previous individual
Wastewater Discharge Permit, or order issued hereunder.
12.4 Water Suaply Severance
Whenever a User has violated or continues to violate any provision of this
Ordinance, an individual Wastewater Discharge Permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, water service to
the User may be severed. Service will recommence, at the User's expense, only
after the User has satisfactorily demonstrated its ability to comply.
SECTION 13 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Upset
A. For the purposes of this Section, upset means an exceptional incident in
which there is unintentional and temporary noncompliance with Categorical
Pretreatment Standards because of factors beyond the reasonable control
of the User. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper
operation.
B. An upset shall constitute an affirmative defense to an action brought for
noncompliance with Categorical Pretreatment Standards if the requirements
of paragraph (C), below, are met.
Page 43
C. A User who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and the User can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures; and
(3) The User has submitted the following information to the Director within
twenty-four (24) hours of becoming aware of the upset [if this information
is provided orally, a written submission must be provided within five (5)
days]:
a. A description of the Indirect Discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if
not corrected, the anticipated time the noncompliance is expected to
continue; and
c. Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
D. In any enforcement proceeding, the User seeking to establish the
occurrence of an upset shall have the burden of proof.
E. Users shall have the opportunity for a judicial determination on any claim of
upset only in an enforcement action brought for noncompliance with
Categorical Pretreatment Standards.
F. Users shall control production of all discharges to the extent necessary to
maintain compliance with Categorical Pretreatment Standards upon
reduction, loss, or failure of its treatment facility until the facility is restored
or an alternative method of treatment is provided. This requirement applies
in the situation where, among other things, the primary source of power of
the treatment facility is reduced, lost, or fails.
13.2 Prohibited Discharge Standards
A User shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the general prohibitions in Section 2.1(A) of this
Ordinance or the specific prohibitions in Sections 2.1(B)(3) through (14) of this
Ordinance if it can prove that it did not know, or have reason to know, that its
Page 44
discharge, alone or in conjunction with discharges from other sources, would
cause Pass Through or Interference and that either:
A. A Local Limit exists for each pollutant discharged and the User was in
compliance with each limit directly prior to, and during, the Pass Through or
Interference; or
B. No Local Limit exists, but the discharge did not change substantially in
nature or constituents from the User's prior discharge when the City was
regularly in compliance with its NPDES permit, and in the case of
Interference, was in compliance with applicable sludge use or disposal
requirements.
13.3 Bypass
A. For the purposes of this Section,
(1) Bypass means the intentional diversion of wastestreams from any
portion of a User's treatment facility.
(2) Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of
a bypass. Severe property damage does not mean economic loss
caused by delays in production.
B. A User may allow any bypass to occur which does not cause Pretreatment
Standards or Requirements to be violated, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject
to the provision of paragraphs (C) and (D) of this Section.
C. Bypass Notifications
(1) If a User knows in advance of the need for a bypass, it shall submit prior
notice to the Director, at least ten (10) days before the date of the
bypass, if possible.
(2) A User shall submit oral notice to the Director of an unanticipated bypass
that exceeds applicable Pretreatment Standards within twenty-four (24)
hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) days of the time the
User becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of the
bypass, including exact dates and times, and, if the bypass has not been
corrected, the anticipated time it is expected to continue; and steps
Page 45
taken or planned to reduce, eliminate, and prevent reoccurrence of the
bypass. The Director may waive the written report on acase-by-case
basis if the oral report has been received within twenty-four (24) hours.
D. Bypass
(1) Bypass is prohibited, and the Director may take an enforcement action
against a User for a bypass, unless
a. Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
c. The User submitted notices as required under paragraph (C) of this
section.
(6) The Director may approve an anticipated bypass, after considering its
adverse effects, if the Director determines that it will meet the three
conditions listed in paragraph (D)(1) of this Section.
SECTION 14 -MISCELLANEOUS PROVISIONS
14.1 Pretreatment Charges and Fees
The City may adopt reasonable fees for reimbursement of costs of setting up and
operating the City's Pretreatment Program, which may include:
A. Fees for Wastewater Discharge Permit applications including the cost of
processing such applications;
B. Fees for monitoring, inspection, and surveillance procedures including the
cost of collection and analyzing a User's discharge, and reviewing
monitoring reports and certification statements submitted by Users;
C. Fees for reviewing and responding to accidental discharge procedures and
construction;
D. Fees for filing appeals;
Page 46
E. Fees to recover administrative and legal costs associated with the
enforcement activity taken by the Director to address IU noncompliance;
and
F. Other fees as the City may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered by this
ordinance and are separate from all other fees, fines, and penalties
chargeable by the City.
SECTION 15 - SEVERABILITY
The provisions of the Ordinance are severable, and if any provision, paragraph,
word, section, or article of this Ordinance is invalidated by any court of competent
jurisdiction, it shall not affect the remainder of this Ordinance and the remaining
provisions, paragraphs, words, sections and articles shall not be affected and
shall continue in full force and effect.
T
PASSED AND APPROVED this ~ 5 day of Im ~~/ , 2008.
WILLIAM H. JOHNS ,MAYOR
ATTEST:
PARR, CITY CLERK
SPONSORED BY:
RECEIVED
City Cterk's Office
Date/Time~ o o ~? ~ ~'•o o ~,,
By- p R~~-~~' ~~
Page 47