HomeMy WebLinkAbout8573-95 Amending Article 2 Chapter 17 Municipal Code Pretreatment Requirements Public Sewers ORDINANCE No. 8573-95
Passed by the Common Council of the City of South Bend, Indiana.
January 9, 19 95
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Attest: City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
January 10, 95
19
City Clerk
IRENE K. GAMMON//7 Approved and signed by me g
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SUBSTITUTE BILL
ORDINANCE NO. -
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING ARTICLE 2 OF CHAPTER 17
OF THE MUNICIPAL CODE RELATING TO PRETREATMENT
REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend portions of Article
2 of Chapter 17 of the Municipal Code to bring the City' s sewage
pretreatment requirements into compliance with current federal
pretreatment regulations . This ordinance is in response to
suggestions made by the EPA after review of our current ordinance
requirements .
NOW THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana, as follows :
SECTION I . Sections 17-8 through 17-10, Division 3 of Article
2, Chapter 17 of the South Bend Municipal Code are amended to read
as follows :
DIVISION 3 . USE OF THE PUBLIC SEWERS
Section 17-8 . Prohibited Discharge Standards .
(a) General Prohibitions . No person shall discharge,
introduce or cause to be discharged or 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 person shall discharge,
introduce or cause to be discharged or introduced any of the
following described pollutants, substances or wastewater into any
public sewersor directly or indirectly into the POTW:
(1) Any gasoline, benzene, naphtha, fuel oil or
other pollutants which create a fire or explosive hazard
to the POTW, including, but not limited to, wastestreams
with a closed-cup flashpoint of less than 1400F (600C)
using the test methods specified in 40 CFR 261 .21 .
(2) Any waters or wastes containing toxic or
poisonous solids, liquids or gases in sufficient
quantity, either singly or by interaction with other
wastes, to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals,
create a public nuisance or create any hazard in the
receiving waters of the sewage treatment plant .
(3) Any waters or wastes having a pH lower than 5 .5
of the sewage works such as, but not limited to ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole
blood, paunch, manure, hair and fleshings, entrails,
paper, dishes, cups, milk containers, etc. , either whole
or ground by garbage grinders .
(5) Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by interaction
with other pollutants, to injure or interfere with any
wastewater treatment process, constitute a hazard to
humans or animals, create a toxic effect in the
receiving waters of the wastewater works, or to exceed
the limitations set forth in the applicable Federal
Categorical Pretreatment Standards or other pretreatment
standards or regulations issued by EPA or the IDEM.
Toxic pollutant (s) are identified pursuant to Section
307 (a) of the Federal Water Pollution Control Act, as
amended.
(6) Any pollutant, 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.
(7) Wastewater or any liquid having a temperature
greater than 1500F (600C) , (65°C) or which will inhibit
biological activity in the treatment plant resulting in
interference, but in no case wastewater or liquid which
causes the temperature at the introduction into the
treatment plant to exceed 1040F (400C) .
(8) Trucked or hauled pollutants, except at
discharge points designated by the Director.
(9) Any wastewater, liquid or other waste containing
concentrations of the following substances in amounts
exceeding the stated values :
Parameter 1-Day Maximum 4-Day Average
Arsenic 1 . 0 0 .2
Cadmium 2 .7 1 .2
Copper 5 . 0 3 .5
Cyanide 1 .5 0 .5
Lead 2 . 0 0 .8
Mercury 0 . 1 0 . 005
Nickel 5 . 0 2 .5
Total Chromium 7 .5 5 . 0
Zinc 10 . 0 6 . 0
All units mg/1 .
(10) Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits
established by the Board in compliance with applicable
State or Federal regulations .
(c) No person shall discharge or cause to be discharged
the following described substances, materials or wastes if it
appears lik opinion of the Board that such wastes can harm
cithcr thc sewers, sewage treatment process or equipment, have an
adverse c €cct on thc receiving am, or can otherwise endanger
prohibited are:
(11) (1) Any water or waste containing total oil and
grease (biodegradable animal and vegetable fats, oil,
waxes and greases and non-biodegradable hydrocarbon oils
and greases) , fats, wax, grease, or oils, whether
emulsified or not, in excess of three efte hundred (300)
daily maximum (100) mg/1 or containing substances which
may solidify or become viscous at temperatures between
thirty-two and one hundred fifty (32 and 150) degrees
Fahrenheit or zero and sixty-five (0 and 65) degrees
Celsius; however, the hydrocarbon portion of the total
oil and grease concentration may not exceed one hundred
(100)mg/l . Proper testing procedures shall be outlined
in each industry' s discharge permit .
(12) (2)Any garbage that has not been properly shredded.
The installation and operation of any garbage grinder
equipped with a motor of three-fourths (3/4) horsepower
(0 .76 hp metric) or greater shall be subject to the
review and approval of the Board.
(13) (3) Any waters or wastes containing strong acid
iron pickling wastes or concentrated plating solutions
whether neutralized or not .
(14) (4) Any waters or wastes containing iron, chromium,
copper, zinc and similar objectionable or toxic
substances; or wastes exerting an excessive chlorine
requirement, to such degree that any such material
received in the composite sewage at the sewage treatment
works exceeds the limits established by the Director for
such materials .
(15) (5) Any waters or wastes containing phenols or
other taste or odor producing substances, in such
concentrations exceeding limits which may be established
by the Board as necessary, after treatment of the
composite sewage, to meet the requirements of the State,
Federal or other public agencies of jurisdiction for
such discharge to the receiving waters.
(16) (6) Any waters or wastes having a pH in excess of
9 .5 . Notwithstanding this provision, New Energy Company
of Indiana, Inc. , shall be authorized to discharge at a
pH not to exceed 12 in keeping with its odor abatement
efforts .
(17) (7) Materials which exert or cause :
a. Unusual concentrations of inert S .S .
(such as, but not limited to, Fullers earth, lime
slurries and lime residues) or of dissolved solids
(such as, but not limited to, sodium chloride and
sodium sulfate) .
b. Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions) .
c. Unusual S .S . , CBOD, BOD,
Ammonia-Nitrogen, Phosphorus, or chlorine
(18) (8) Waters or wastes containing substances which
are not amenable to treatment or reduction by the sewage
treatment processes employed, or are amenable to
treatment only to such degree that the sewage treatment
plant effluent will be compromised.
(19) (9) It shall be unlawful for any person to place,
deposit, permit to be deposited, or discharge in any
manner whatsoever, any substance into a sewer at a point
different than the proposed sewer connection to the
sanitary sewer system.
(c) (d) If any waters or wastes are discharged, or are
proposed to be discharged, to the public sewers, which waters
contain the substances or possess the characteristics enumerated in
this article, and which in the judgment of the Board may have a
deleterious effect upon the sewage works, processes, equipment or
receiving waters, or otherwise create a hazard to life or constitute
a public nuisance, the Board may:
(1) Require new industries or industries with
significant increase in discharges to submit information
on wastewater characteristics and obtain prior approval
for discharges . For purposes of this requirement, flow
increases of twenty percent (20%) or greater, or the
discharge of any previously unreported pollutants shall
be deemed significant.
(2) Reject the wastes in whole or in part for any
reason deemed appropriate by the City.
(3) Require pretreatment of such wastes to within
the limits of normal domestic sewage as defined.
(4) Require control of flow equalization of such
wastes so as to avoid any "slug" loads or excessive
loads that may be harmful to the treatment works .
(5) Require payment of a surcharge on any excessive
flows or loadings discharged to the treatment works to
cover the additional costs of having capacity for and
treating such wastes . If the Board permits the
pretreatment or equalization of waste flows, the design
and installation of the plant and equipment shall be
subject to the review and approval of the Board and
subject to the requirements of all applicable codes,
ordinances and laws .
(e) Interceptors shall be provided by the discharger as
necessary for the removal of grease, flammable wastes, sand, or
other harmful substances . All interceptors shall be of a type and
capacity approved by the Board or its designee, and shall be readily
accessible for cleaning and inspection. The owner and/or operator
of interceptor equipment shall be required to maintain certified
records as to time and date of cleaning and inspection.
(f) When a discharger is required to provide preliminary
treatment, including interceptors or flow equalization facilities,
such equipment shall be maintained by the discharger in satisfactory
operating condition as determined by the Board of Public Works or
its designee.
(g) When required by the Director, the owner or any property
serviced by a building sewer carrying industrial wastes shall
maintained by him so as to be safe and accessible at all times .
Agents of the City, the State Water Pollution Control Agencies and
the USEPA shall be permitted to enter all properties for the purpose
of inspection, observation, measurement, sampling and testing.
(h) All measurements, tests and analyses of the
characteristics of water and wastes to which reference is made in
this ordinance shall be conducted using the methods and procedures
in 40 CFR Part 136, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole,
except for application for NPDES permits and report thereof such
shall be conducted in accordance with rules and regulations adopted
by the USEPA, 40 CFR Part 136 and any subsequent revisions subject
to approval by the City. In the event that no special manhole has
been required, the control manhole shall be considered to be the
nearest downstream manhole in the public sewer to the point at which
the building sewer is connected. Sampling shall be carried out by
customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to
life, limb and property. (The particular analysis involved will
determine whether a twenty-four (24) hour composite of all outfalls
of a premises is appropriate or whether a grab sample or samples
should be taken. Normally, but not always, BOD and S .S . analyses
are obtained from twenty-four (24) hour composites of all outfalls
whereas pHs are determined from periodic grab samples . )
(i) No statement contained in this article shall be
construed as preventing any special agreement or arrangement between
the City and any industrial concern whereby an industrial waste or
unusual strength or character may be accepted by the City for
treatment, subject to payment therefore, by the industrial concern,
at such rates as are compatible with the rate ordinance; provided,
however, that no special agreement or arrangement may be made with
the City which results in the violation of National pretreatment
standards or local limits .
Sec. 17-9 . Discharges Into Sanitary Sewer Prohibited.
(a) No person shall place, deposit or permit to be deposited
in any unsanitary manner on public or private property within the
City or in any area under the jurisdiction of said City, any human
excrement, garbage or other objectionable waste.
(b) No person shall discharge or cause to be discharged to
any sanitary sewer, either directly or indirectly, storm water,
surface water, ground water, roof runoff, subsurface drainage,
cooling water, unpolluted water or unpolluted industrial water.
(c) Storm water, surface water, ground water, roof runoff,
subsurface drainage, cooling water, unpolluted water or unpolluted
industrial process water may be admitted to storm sewers which have
adequate capacity for their accommodation. No person shall use such
sewers, however, without the specific permission of the City.
(d) No new connection shall be made unless there is capacity
available to all downstream sewers, lift stations, force mains and
the sewage treatment plant, including capacity for BOD and S .S .
(e) No person shall place, deposit or permit to be deposited
in any unsanitary manner on public or private property within the
jurisdiction of the City, any wastewater or other polluted water
except where suitable treatment has been provided in accordance with
provisions of this ordinance and the NPDES permit .
construct or maintain any privy, privy vault, septic tank, cesspool,
or other facility intended or used for the disposal of sewage.
(h) The owner of all houses, buildings or properties used for
human occupancy, employment, recreation or other purposes, situated
within the City and abutting on any street, alley or right-of-way in
which there is now located a public sanitary or combined sewer of
the City is hereby required at his expense to install suitable
toilet facilities therein, and to connect such facilities directly
with the proper public sewer in accordance with the provisions of
this ordinance, within ninety (90) days after date of official
notice to do so, provided that said public sewer is within three
hundred (300) feet of the property line.
Sec. 17-10 . Pretreatment of Industrial Wastes .
Pretreatment of industrial wastes from major contributing
industries prior to discharge to the treatment works is required and
is subject to the Rules and Regulations adopted by the EPA (40 CFR
Part 403) , and "Guidelines Establishing Test Procedures for Analysis
of Pollutants" (40 CFR Part 136) , in addition to any more stringent
requirements established by the City and subsequent State or Federal
Guidelines and Rules and Regulations .
(a) Limitations on wastewater strength:
(1) The National Categorical Pretreatment Standards,
located in 40 CFR Chapter I, Subchapter N, Parts 405-
471, are hereby adopted and incorporated by reference
into this code and include amendments to those standards
that occur hereafter as the same are published in the
CFR with effective dates as fixed therein. An
application for modification of the National Categorical
Pretreatment Standards may be considered by the Board of
Public Works when the wastewater treatment plant
achieves consistent removal of the pollutants described
therein.
(2) State and local requirements and limitations on
discharges shall be met by all dischargers when such
requirements and limitations are more stringent than
federal requirements and limitations .
(3) No discharger shall use potable water to dilute
a discharge as a substitute for adequate treatment of
prohibited substances to achieve compliance with the
standards set forth in this division.
(4) Under no circumstances shall a discharger release
water or waste containing concentrations of the following
substances in amounts exceeding the stated values :
Parameter 1-Day-Maximum 4-Day Average
Arsenic 1 . 0 0 .2
Cadmium 2 .7 1 .2
Copper 5. 0 3 .5
Cyanide 1 .5 0 .5
Lead 2 . 0 0 . 8
Mercury 0 . 1 0 . 005
Nickel 5 . 0 2 .5
Total Chromium 7 .5 5 . 0
Zinc 10 . 0 6 . 0
an accidental discharge/slug control plan, which plan is
subject to approval by the Director and shall, thereafter,
be implemented by the Significant Industrial User. Such
plans shall address, at a minimum, the following:
a. Description of discharge practices,
including non-routine batch discharges;
b. Description of stored chemicals;
c. Procedures for immediately notifying the
Director of any accidental or slug discharge,
as required hereafter;
d. Procedures to prevent adverse impact
from any accidental or slug discharge. Such
procedures include, but are not limited to,
inspection and maintenance of storage areas,
handling and transfer of materials, loading
and unloading operations, control of plant
site runoff, worker training, building of
containment structures or equipment, measures
for containing toxic organic pollutants,
including solvents, and/or measures and
equipment for emergency response.
(2) Dischargers shall notify the Director
immediately upon the occurrence of a "slug" or accidental
discharge of substances prohibited by this division. The
notification shall include location of discharge, date and
time of occurrence, type of waste, concentration and
volume, and corrective actions. Immediate notification
may be verbal, followed by a written verification within
five (5) days of the incident .
(c) Wastewater discharge permits :
(1) It shall be unlawful to discharge sewage, non-
domestic wastes, or other wastes to any sewer outlet
within the jurisdiction of the Board of Public Works
without having been issued a wastewater discharge permit
if the discharger:
a. Is subject to National Categorical
Pretreatment Standards as promulgated by the
EPA; or,
b. Discharges nondomestic wastewater in the
amount equal to or exceeding twenty-five
thousand (25, 000) gallons per day; or,
c . Contributes a nondomestic waste stream
exceeding five (5) percent of the dry weather
hydraulic or organic capacity of the
wastewater treatment plan; or,
d. Has a reasonable potential to adversely
affect the treatment plant processes by
inhibition, pass-through of pollutants, sludge
contamination, or endangerment of treatment
plant personnel .
(2) Prospective nondomestic users of any sewer
which are subject to the provisions of paragraph (c) (1) of
this section shall obtain a wastewater discharge permit
(1) Applications for wastewater discharge permits
may be procured from the Director.
(2) Dischargers subject to the provisions of
paragraph (c) (1) of this section shall obtain from,
complete, and file with the Director, a permit application
on a form prescribed by the Board of Public Works . Said
form shall require the following information:
a. Disclosure of name, address, and
location of the discharger.
b. Disclosure of Standard Industrial
Classification (SIC) number according to the
Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
c. Disclosure of wastewater constituents
and characteristics including but not limited
to those mentioned in this division, as
determined by bona fide chemical and
biological analysis .
d. Disclosure of time and duration of
discharges .
e. Disclosure of average daily wastewater
flow rates in gallons per day, including
daily, monthly and seasonal variations, if
any. All flows must be measured unless other
verifiable techniques are approved by the
Board of Public Works due to cost or non-
feasibility.
f. Disclosure of site plans, floor plans,
mechanical and plumbing plans and details to
show all sewers, sewer connections, inspection
manholes, sampling chambers, and appurtenances
by size, location and elevation.
g. Description of activities, facilities
and plant processes on the premises, including
all materials which are or may be discharged
to the sewers .
h. Disclosure of the nature and
concentration of any pollutants or materials
prohibited by this division in the discharge,
including a statement regarding whether or not
compliance is being achieved on a consistent
basis and if not, what additional operation
and maintenance activities and/or additional
pretreatment is required for the discharger to
comply.
i . Where additional pretreatment and/or
operation and maintenance activities are
required to comply with the applicable
pretreatment standard, the discharger must
provide a compliance schedule by which he will
provide the additional pretreatment and/or
implementation of additional operational and
maintenance activities . All pretreatment
plans shall be submitted to the Director for
k. Disclosure of the type and amount of the
raw materials utilized.
1 . All permit applications for new or
modified permits must be signed by a principal
executive officer of the discharger.
(3) The following fees are required for discharge
permits :
a. Each permit will be issued for a base
fee of five hundred ($500 .00) .
b. For each additional sampling point,
there will be a charge of an additional one
hundred dollars ($100 . 00) .
(4) Within sixty (60) days after receipt of the
application for discharge permit, the Director shall
review said application for compliance with the terms and
conditions of this division and shall make recommendations
to the Board of Public Works .
(5) The Board of Public Works shall review the
staff recommendations and shall approve or reject the
application.
(6) If the Board of Public Works finds the
applicant to be in compliance, the Board shall approve the
application and a permit to discharge shall be issued
subject to the following terms and conditions:
a. The unit charge or schedule of user
charges and fees for the wastewater to be
discharged to a municipal sewer.
b. Numerical limits on the average and
maximum wastewater constituents and
characteristics .
c. Limits on the average and maximum rate
and time of discharge or requirements for flow
regulation and equalization.
d. Requirements for installation and
maintenance of inspection and sampling
facilities .
e. Specifications for monitoring programs
which may include sampling locations,
frequency of sampling, number and types of
samples, and standards for analyses and
reporting schedules .
f. Compliance schedules .
g. Requirements for submittal of technical
reports or discharge reports .
h. Requirements for maintaining and
retention of plant records pertaining to
wastewater discharge as specified by this
division, and affording the City' s personnel
access thereto.
are not limited to, flow increases of twenty
percent (20%) or greater, or the discharge of
any previously unreported pollutants .
j . Requirements for notification of slug
discharges .
k. Other conditions as deemed appropriate
by the Board of Public Works to ensure
compliance with this division.
1 . The permit is for a period of five (5)
years, but maybe revoked or rescinded if the
applicant is not in conformity with the
provisions of this Code.
(7) If the Board of Public Works rejects the
application for noncompliance, the Board shall establish
a compliance schedule and require compliance schedule
reports and compliance date reports on forms supplied by
the Director.
(e) Confidentiality:
(1) In accordance with 40 CFR, Part 2, any
information submitted to the City, its departments or
boards pursuant to these regulations may be claimed as
confidential by the submitter. Any such claim must be
asserted at the time of submission in the manner
prescribed on the application form or instructions, or,
in the case of other submissions, by stamping the words
"confidential business information" on each page
containing such information. If no claim is made at the
time of submission, the City may make the information
available to the public without further notice. If
claim is asserted, the information will be treated in
accordance with the procedures in 40 CFR Part 2 (Public
Information) .
(2) Information and data provided to the City
pursuant to this part which is effluent data shall be made
available to the public without restriction.
(3) All other information which is submitted to the
State or City shall be available to the public at least to
the extent provided by 40 CFR, Paragraph 2 .302 .
(f) Permit modifications :
(1) The Board of Public Works reserves the right to
amend any wastewater discharge permit issued hereunder in
order to ensure compliance by the City with applicable
laws and regulations . Within nine (9) months of the
promulgation of a National Categorical Pretreatment
Standard, the wastewater discharge permit of each
discharger subject to such standards shall be revised to
require compliance with such standards within the time
frame prescribed by such standards . All National
Categorical Pretreatment Standards adopted after the
promulgation of this division shall be a part of this
division.
(2) Any discharger required to obtain a discharge
permit under the newly promulgated standards shall apply
information and proposed changes necessary to bring the
discharger into compliance with the new standards . Upon
receipt of said information, the Director shall establish
a compliance schedule whereby the permittee shall attain
compliance with the applicable standards . The permittee
shall be advised of any proposed changes in his permit at
least thirty (30) days prior to the effective date of
change. Any changes in new conditions in the permit shall
include a reasonable time schedule for compliance, not to
exceed the duration specified in the applicable National
Categorical Standards .
(g) Permit duration. All wastewater discharge permits shall
be issued for a five-year duration and shall be valid subject to
amendment or revocation as provided in this division. Under special
circumstances, as determined by the Board of Public Works, a permit
may be issued for a period of less than five (5) years .
(h) Limitations on permit transfer. Wastewater discharge
permits are issued to a specific discharger for a specific operation
and are not assignable to another discharger or transferable to any
other location without notification to the Director and the prior
written approval of the Board of Public Works .
(i) Reporting requirements :
(1) Within either 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
significant industrial users subject to such categorical
pretreatment standards, and currently discharging to or
scheduled to discharge to the POTW, shall be required to
submit to the Director a report which contains the
information listed in paragraph 2 below. At least ninety
(90) days prior to commencement of their discharge, new
sources, and sources that become industrial users
subsequent to the promulgation of an applicable
categorical standard, shall be required to submit to the
Director a report which contains the information listed in
paragraph 2 below. A new source shall also be required to
report the method of pretreatment it intends to use to
meet applicable pretreatment standards . A new source
shall also give estimates of its anticipated flow and
quantity of pollutants discharged.
(2) The industrial user shall submit the information
required by this section including:
a. Identifying Information. The name and
address of the facility including the name of the
operator and owners .
b. Wastewater Discharge- Environmental
Control Permits . A list of any environmental
control - . - - - : ' - - - . -. - permits held by or
for the facility.
c. Description of Operations . A brief
description of the nature, average rate of
production, and standard industrial
classifications of the operation (s) carried out by
such industrial user. This description should
include a schematic process diagram which
per day, to the POTW from regulated process
streams and other stream, as necessary, to allow
use of the combined wastestream formula set out in
40 CFR 403. 6 (e) .
e. Measurement of Pollutants .
1 . Identify the categorical
pretreatment standards applicable to
each regulated process .
2 . Submit 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 .
Instantaneous, daily maximum and long
term average concentrations (or mass,
where required) shall be reported. The
sample shall be representative of daily
operations and shall be analyzed in
accordance with procedures set out
herein.
3 . Sampling must be performed in
accordance with procedures set out
herein.
f. Certification. A statement reviewed by
the industrial user' s authorized representative
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 .
g. Compliance Schedule. If additional
pretreatment and/or O&M will be required to meet
the pretreatment standard; the shortest schedule
by which the industrial user will provide such
additional pretreatment and/or O&M. The
completion date in this schedule shall not be
later than the compliance date established for the
applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the
requirements set out herein.
h. All baseline monitoring reports must be
signed and certified in accordance with Subsection
17-10 (i) (11) below.
(3) Any permittee subject to a pretreatment standard
set forth in this division shall submit to the Director,
during the months of June and December, unless required
more frequently by the discharge permit, a periodic
compliance report on forms provided or prescribed by the
Director indicating the nature and concentration of
prohibited or regulated substances in the effluent .
Included in the report shall be a record of all measured
or estimated average and maximum daily flows during the
reporting period, computed by verifiable techniques as
required by the applicable discharge permit.
(5) Reports of monitoring events shall be filed with
the Director as required by the wastewater discharge
permit . The reports shall contain all results of analyses
required by the permit, including flow conditions and the
nature and concentration of those prohibited substances
specified in the applicable categorical standards . The
reports shall also specify sampling location, date, time
and techniques, analysis date, analyst and analysis
methods, and results of all analyses .
(6) If sampling performed by an industrial user
indicates a violation, the industrial user must notify the
Director within twenty-four (24) hours of becoming aware
of the violation. The industrial user shall also repeat
the sampling and analysis and submit the results of the
report to the Director within thirty (30) days after
becoming aware of the violation. The industrial user is
not required to resample if the City performs monitoring
at the industrial user at least once a month, or if the
City performs sampling between the industrial user' s
initial sampling and when the industrial user receives the
results of this sampling, or if the industrial user' s
regular monitoring activity will result in samples being
taken within thirty (30) days of the industrial user
becoming aware of the violation, unless, directed by the
Director to do so.
(7) Any industrial user who commences the discharge
of hazardous waste shall notify the Director, the EPA
Regional Waste Management Division Director, and State
hazardous waste authorities in writing of any discharge
into the POTW of a substance which, if otherwise disposed
of, would be a hazardous waste under 40 CFR Part 261 .
Such notification must include the name of the hazardous
waste as set forth in 40 CFR Part 261, the EPA hazardous
waste number, and the type of discharge (continuous, batch
or other) . If the industrial user discharges more than
100 kilograms (220 lbs . ) , of such waste per calendar month
to the POTW, the notification shall also contain the
following information to the extent such information is
known and readily available to the industrial user: an
identification of the hazardous constituents contained in
the wastes, an estimation of the mass and concentration of
such constituents in the wastestream discharged during the
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
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 discharges must be submitted as
required by law. The notification requirement in this
section does not apply to pollutants already reported
under the self-monitoring requirements set out above.
a. Dischargers are exempt from the
requirements of paragraph (6) , above, during a
calendar month in which they discharge no more
than fifteen (15) kilograms (33 lbs . ) of hazardous
wastes, unless the wastes are acute hazardous
wastes as specified in 40 CRF 261 .30 (d) and
261 .33 (e) . A discharge of more than fifteen (15)
kilograms (33 lbs . ) of non-acute hazardous wastes
hazardous waste do not require additional
notification.
b. 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
industrial 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 .
c. In the case of any notification made
under this section, the industrial user shall
certify that it has a program in place to reduce
the volume and toxicity of hazardous wastes
generated to the degree it has determined to be
economically practical .
d. All industries permitted by the City
shall make a one time notification to the Director
on the City' s "Hazardous Waste Notification Form"
stating if the company is subject to the reporting
conditions under this subsection.
(8) All permittees shall retain and preserve for no
less than three (3) years, any records, books, documents,
memoranda, reports, correspondence and any and all
summaries thereof, relating to monitoring, sampling and
analyses made in connection with its discharge. All
records which pertain to matters which are the subject of
administrative adjustment or any other enforcement or
litigation activities brought by the Board pursuant hereto
shall be retained and preserved by the permittee until all
enforcement activities have concluded and all periods of
limitation with respect to any and all appeals have
expired.
(9) Any person who makes any false statement,
representation or certification in any application,
record, report, plan or other document filed or required
to be maintained pursuant to this division, or who
falsifies, tampers with, or renders inaccurate any
monitoring device or method required under this division,
may be assessed a civil penalty of not more than two
thousand five hundred dollars ($2, 500 . 00) .
(10) All permittees subject to Federal Categorical
Pretreatment Standards will be required to file all
reports as described in 40 CFR 403, which is incorporated
herein by reference, including amendments that may
hereafter be made as the same are published in the Code of
Federal Regulations . These reports shall include, but not
be limited to, baseline monitoring reports, compliance
schedule reports, compliance date reports and periodic
compliance reports .
(11) All industrial user reports required by this
section shall be certified by a qualified professional,
indicating whether pretreatment standards are being met on
a consistent basis, and, if not, whether additional
operation and maintenance and/or additional pretreatment
is required to meet the pretreatment standards and
"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 . "
(12) Compliance schedule reports must be submitted by
any nonresidential discharger not subject to categorical
standards who is not in compliance with the terms and
conditions of this division.
(j) Emergency suspension of service and permit . The Director
may immediately suspend a user' s discharge (after informal notice to
the user) whenever such suspension is necessary in order 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 opportunity to respond) that
threatens to interfere with the operation of the POTW, or which
presents or may present an endangerment to the environment .
(1) 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 shall 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
shall 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
proceedings have been initiated as provided hereafter.
(2) 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.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
(k) Revocation of Permit. The Board of Works may revoke the
permit of any user that violates the following conditions of this
ordinance, wastewater discharge permit, or orders issued hereunder.
(1) Violation of wastewater discharge permit
conditions .
(2) Failure to accurately report the wastewater
constituents and characteristics of its discharge.
(3) Failure to report significant changes in
operations or wastewater volume, constituents and
(5) Violation of the discharge standards in Section
17-8, above, or of the pretreatment standards in this
section.
Such user will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause as set out
below why the proposed action should not be taken. Nothing in this
section shall be interpreted, however, as requiring a hearing prior
to emergency suspension under subsection (j) above.
(1) Show Cause Hearing. The Director may order any user which
causes or contributes to violations (s) of this ordinance, wastewater
discharge permits, or orders issued hereunder, or any other
pretreatment standard or requirements, to appear before the Director
and show cause why a proposed enforcement action should not be
taken. Notice shall be served on the user specifying the time and
place for the hearing, the proposed enforcement action, the reasons
for such action, and a request that the user show cause why this
proposed enforcement action should not be taken. The notice of the
hearing 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. Whether or not the user appears as ordered, immediate
enforcement action may be pursued following the hearing date. A
show cause hearing shall not be a prerequisite for taking any other
action against the user.
(m) Administrative Fines . Any person who violates or fails
to comply with any of the provisions of this Division shall be
subject to a fine in an amount not to exceed two thousand five
hundred dollars (2, 500 . 00) . In the case of a continuing violation,
each day shall constitute a separate and distinct offense.
(n) (m) Appeals . Any user affected by any decision, action or
determination, including cease and desist orders, made by the
Director, interpreting or implementing the provisions of this
ordinance, may file with the Director a written request for
reconsideration within ten (10) days of such decision, action, or
determination, setting forth in detail the facts supporting the
user' s request for reconsideration.
If the ruling made by the Director is unsatisfactory to the
person requesting reconsideration, he may, within ten (10) days
after notification of action, file a written appeal to the Board of
Public Works . The written appeal shall be heard by the Board within
thirty (30) days from the date of filing. The Board of Public Works
shall make a final ruling on the appeal within thirty (30) days of
the close of the meeting. The Director' s decision, action, or
determination shall remain in effect during such period of
reconsideration and appeal .
(o) (n) Judicial Enforcement Remedies. Whenever a user has
violated a pretreatment standard or requirement or continues to
violate the provisions of this ordinance, wastewater discharge
permits or orders issued hereunder, or any other pretreatment
requirement, the Director may petition the Circuit or Superior Court
for St . Joseph County for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other
requirement imposed by this ordinance on activities of the
industrial user. Such other action as appropriate for legal and/or
equitable relief may also be sought by the City. A petition for
injunctive relief need not be filed as a prerequisite to taking any
other action against a user, nor shall any other remedy herein be
r
by law.
(ct) , (p) Annual publication of significant violators . The
Director shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the industrial users which, during the previous twelve (12) months,
were in significant noncompliance with applicable pretreatment
standards and requirements . The term significant noncompliance
shall mean:
(1) Chronic violations of wastewater discharge
limits, defined here as those in which sixty-six percent
(66%) or more of wastewater measurements taken during a
6-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount .
(2) 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 6-month period equals or
exceeds the product of the daily maximum limit or the
average limit multiplied by the applicable criteria (1 .4
for BOD, TSS, fats, oils and grease, and 1 .2 for all other
pollutants except pH) .
(3) Any other discharge violation that the Director
believes has caused, along or in combination with other
discharges, interference or pass through (including
endangering the health of Bureau personnel or the general
public) .
(4) Any discharge of pollutants that has caused
imminent endangerment to the public or to the environment,
or has resulted in the City' s exercise of its emergency
authority to halt or prevent such a discharge.
(5) Failure to meet, within ninety (90) days of the
scheduled date, a compliance schedule milestone contained
in a wastewater discharge permit or enforcement order for
starting construction, completing construction, or
attaining final compliance.
(6) Failure to provide within thirty (30) days after
the due date, any required reports, including baseline
monitoring reports, ninety (90) day compliance reports,
periodic self-monitoring reports, and reports on
compliance with compliance schedules .
(7) Failure to accurately report noncompliance.
(8) Any other violation (s) which the Director
determines will adversely affect the operation or
implementation of the local pretreatment program.
SECTION II . This ordinance shall be in full force and effect
from and after its adoption by the Common Council, approval by the
Mayor, and legal publication.
�#
Me-r of th- Common Council
„,/,,OW
4oUTH 8'..
\` - d City of South Bend
t*k : Joseph E. Kernan, Mayor
,..1865 ...
Department of Public Works
John E. Leszczynski, Director
January 5, 1995
Mr. Eugene Ladewski, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Dear Mr. Ladewski:
I am attaching for filing a substitute bill amending portions
of Chapter 17 of the South Bend Municipal Code relating to
pretreatment requirements for the use of the public sewers.
This substitute bill incorporates two minor changes to the
bill as originally filed. First, Section 17-8 (b) (11) has been
modified to clarify that the oil and grease limitations outlined in
this subsection are daily maximums, as opposed to monthly averages.
Secondly, Section 17-8 (b) ( 16) changes the pH limitation for New
Energy from 12. 5 to 12. Both of these modifications are in
response to comments from an EPA official after his review of our
proposed ordinance.
Your support and favorable consideration of this substitute
bill is respectfully requested.
Sincerely,
1 / 0r .
.John Leszczyns i, `Director
Department of Public Works
Attachment
E /
JAN - 61991 1 1
X04 5' 3 ,, ,,I.
County-City Building • South Bend, Indiana 46601 • 219/ 5l . �. - .. -
Engineering Environmental Services Equipment Services Transportation Water Works
Carl Littrell, P.E. John J. Dillon, Ph.D. Matt Chlebowski Sam Hensley John F Stancati
235-9251 277-8515 235-9316 235-9444 235-9322
FAX (219) 235-9171 FAX (219) 277-8980 FAX (219) 235-9007 FAX (219) 235-9272 FAX(219)235-9728