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Home My WebLink AboutIndustrial Wastewater Discharge Permit - Tri-Pac, Inc.Tri-Pac Inc. Industrial Wastewater Discharge Permit page 1 of 36 Tri-Pac Inc. Industrial Wastewater Discharge Permit page 2 of 36 FYI… Tri-Pac Inc.’s permit includes the following requirements found within the discharge permit: • Tri-Pac Inc. (Tri-Pac) shall, within 90 days of the effective date of this discharge permit, submit a Slug Control Plan and a Flow Measurement Plan with the certification statement signed by an Authorized Representative. Please see Part III (E) and (H). • Tri-Pac Inc’s Authorized Representative shall sign with the certification statement (found in Part III (A) (4)) all reports including but not limited to Periodic Compliance Reports (PCR), Slug Control Plans, Flow Measurement Plans, corrective actions in response to permit violations, and any correspondence relating to compliance with this industrial discharge permit. • If Tri-Pac Inc wishes to change the Authorized Representative responsible to receive correspondence from the City, a written designation must be submitted to the City indicating 1) the name of the new Authrorized Representative designated to receive compliance correspondence, 2) their position in the company, 3) a statement that they meet the requirements in Part IV (B)(15) of this permit, 4) complete contact information and 5) an effective date of this diesignation. Please review Part III (I)(3) and Part IV(B)(15) for more details and specific criteria. • Any sample collected in accordance with this permit must be reported with the PCR. • When collecting composite samples, samples must be obtained over a 24 hour period or for the duration of discharge within the 24 hour sampling period including, if applicable, multiple batches. • Within 30 days of the effective date of this permit, Tri-Pac Inc shall commence to notify the City of South Bend via e-mail twenty-four (24) hours in advance of all batch or infrequent discharges to the City’s sewer so that during this time compliance monitoring may be conducted. Please see Part III (C) for more details. • Samples shall be obtained through a flow-proportional sampling technique. If Tri-Pac Inc can demonstrate that time- proportional sampling is as representative as flow-proportional sampling, then a time-proportional sample may be collected. If Tri-Pac Inc chooses to demonstrate that time-proportional sampling is accurate they must do so within 120 days of the effective date of this permit or they shall commence flow-proportional sampling at that time. Please see Part II (B) (1) of your wastewater discharge permit for details. • To be submitted with the PCR, the Certified Operator shall sign one of the following statements: “Pretreatment Standards and Requirements are being met on a consistent basis” or “Pretreatment Standards and Requirements are not being met on a consistent basis. Additional operation and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements”. Please see Part III (A) (3) (a) and and Part III (F) (1). • Transfer of Ownership: If permittee plans to change ownership or transfer of this wastewater discharge permit, permittee shall give the Control Authority at least 30 days notice with written certification by the new owner or operator. See Part IV (B)(11) of permit for more details. • Tri-Pac Inc shall verbally notify the City immediately of discharges that may cause problems to the POTW, including any slugload or accidental discharge, followed by a written verification within five (5) days of the incident. See Part III (E) (2) • If sampling performed by Tri-Pac Inc indicates a violation, Tri-Pac Inc. shall notify the City orally within 24 hours of becoming aware of the violation, submit a written follow up report within five days, and resample and submit the results of the analysis to the Control Authority within thirty (30) days after becoming aware of the violation. See Part III (D) of permit for more details on permit violations. • Tri-Pac Inc shall notify the Control Authority of any significant changes to the permittee’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. See Part III (G) • In the event that an oral notification is required due to a spill or slug to the sewer, or other emergency, the permittee shall immediately call 574-277-8515 and dial zero (0) to reach an operator. See Part III (I) of your permit for details. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 3 of 36 PERMIT BRIEFING MEMO 1. Facility Description Tri-Pac, Inc engages in the mixing, compounding, and formulating of pharmaceutical and health related products in dosage form for consumer use. The blending of chemicals and city water take place to produce pharmaceutical and health related products. Blending materials are bottled to manufacture final products. 2. Discharge description: Wastewater Discharge is made up of wash-down from Process Lines 6, 7, 8, 31, 32, 33 as well as wash-down from Blending Tanks E, F, G, and H. Wash-down consists of circulating soapy and City water through the bottling mechanisms or blending tanks. Wash-down water from each line is collected and transferred to a portable drum. This drum is wheeled from the bottling area to the Bottling Line Wash Water Tote which is staged in the Blending Tank room. The tote is manually discharged via fastened hose to the discharge point, which is a raised, secured manhole inside the Blending Tank area. The four (4) Blend Tanks (E, F, G, & H) blend water-based materials that are used for the production lines 6, 7, 8, 31, 32, & 33. The Tanks are washed at a minimum once every seven days. Wash waters from the Blend Tanks are discharged via fastened hose directly to discharge point, a raised secured manhole. Flow is estimated to be 700 gpd to 1400 gpd discharge. 3. Sample Site Description Sample Site Outfall #001 is located at the West end of the building next to an overhead door between the Warehouse and Pharamaceutical Room #1. Pipes leading from the discharge point to the Sampling Site Outfall #001 run under concrete across the warehouse floor. A Flow Meter and Teflon Sampling tube is installed in the discharge line. Teflon Sampling Tube is brought up through the floor for auto-sampler connection. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 4 of 36 4. Wastewater Treatment Wastewater is not pretreated prior to discharge. 5. Classification Tri-Pac is classified as a B Categorical Industrial User (CIU) as defined in the South Bend Municipal Code which states that all Categorical Industrials Users will be classified at a minimum as a class B. Additionally, Tri-Pac is classified as a Pharmaceutical Manufacturer covered by the Pharmaceutical Manufacturing Point Source Categorical Standards at 40 CFR 439.47 Pretreatment Standards New Source (PSNS) due to the mixing, compounding, and formulating of pharmaceutical and health related products in dosage form. 6. Calculation of Limits Wastewater discharged at Outfall 001 is subject to the Pharmaceutical Manufacturing Point Source Categorical Standard at 40 CFR 439.47 and the more astringent of limits provided in 40 CFR 439.47 or Chapter 17 of the City of South Bend Municipal Code have been applied without modification. There is no need for modification to these limits because categorical and non- categorical wastewaters are not commingled prior to or during discharge. Limits from the South Bend Municipal Code will be applied to all non-categorical wastewater. 7. Monitoring Frequency Monitoring frequencies are based on South Bend’s USEPA approved Industrial Pretreatment Program Monitoring Plan. 8. Industrial Operator Certification Requirement Industrial Operator Requirement: B Industrial operator certification requirements are based on the criteria listed in Indiana Administrative Code, Title 327, 5-22-5. All Industrial Users subject to federal categorical regulations are required to submit reports signed by an operator with at least a B certification from the State of Indiana, regardless of existing treatment complexity. Permit Drafted by: City of South Bend Industrial Pretreatment Group October 19, 2021 Tri-Pac Inc. Industrial Wastewater Discharge Permit page 5 of 36 City of South Bend Department of Public Works Industrial Pretreatment Program Significant Industrial User – Permit No. 218071-92046 In accordance with all the terms of Chapter 17 of the City of South Bend’s Municipal Code, and with any applicable provisions of federal or state law and regulations, permission is hereby granted to: Tri-Pac Inc 3333 N Kenmore Street South Bend IN 46628 for the contribution of wastewater into the City of South Bend Publicly Owned Treatment Works. This permit is granted in accordance with the application filed on 22 March 2021. Effective on: 01 January 2022 Expires on the: 31 December 2026 Any violation of the terms and conditions of this permit shall be deemed a violation of the City of South Bend Municipal Code and will subject the permittee to the sanctions set out in section 17-11 through 17-13 of the Municipal Code. The permittee shall file an application for a renewal permit, a minimum of 90 days prior to the expiration date. Approved By:Board of Public Works _________________ Elizabeth A. Maradik, President _________________ Gary A. Gilot, Member _________________ Jordan V. Gathers, Member _________________ Joseph R. Molnar, Member ____________________ Murray Miller, Member ________________ Attest: Anne Fuchs, Clerk December 14, 2021 Tri-Pac Inc. Industrial Wastewater Discharge Permit page 6 of 36 CONTENTS PART I PART II PART III PART IV ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 EFFLUENT LIMITATIONS MONITORING REQUIREMENTS REPORTING REQUIREMENTS STANDARD CONDITIONS DEFINITIONS ENFORCEMENT RESPONSE PLAN APPEALS PROCEDURE Tri-Pac Inc. Industrial Wastewater Discharge Permit page 7 of 36 Facility Description Tri-Pac, Inc engages in the mixing, compounding, and formulating of pharmaceutical and health related products in dosage form for consumer use. The blending of chemicals and city water take place to produce pharmaceutical and health related products. Blending materials are bottled to manufacture final products. PART I – EFFLUENT LIMITATION A. Sample Port and Collection Location 1. Sample Site Outfall # 001 is located at the West end of the building next to an overhead door between the Warehouse and Pharamaceutical Room #1. The Teflon Sampling Tube is fixed under the Flow Meter Interface. 2. Any discharge of water or waste having a pH lower than 6.0 S.U. or a pH higher than 11.0 S.U. is prohibited. In addition, the permittee’s wastewater discharge shall not exceed the following effluent limitations: Effluent limitations for Sample Site Outfall # 001: Parameter Daily Maximum Limit (mg/L) Monthly Average Limit (mg/L) Arsenic (mg/L) Report* Report* Cadmium (mg/L) Report* Report* Chromium (mg/L) Report* Report* Copper (mg/L) Report* Report* Lead (mg/L) Report* Report* Mercury (mg/L) 0.00019 -na- Nickel (mg/l) Report* Report* Silver (mg/L) Report* Report* Zinc (mg/L) Report* Report* Oil and grease (mg/l) 300 -na- Oil and Grease TPH (mg/l) 100 -na- Acetone 20.7 8.2 n-Amyl acetate 20.7 8.2 Ethyl acetate 20.7 8.2 Isopropyl acetate 20.7 8.2 Methylene chloride 3.0 0.7 *Note: In accordance with the City of South Bend’s “What You Need Is What You Get” allocation method, local Daily Maximum and Monthly Average limits have only been developed for those pollutants that have been observed at or above certain concentrations in each Significant Industrial User’s wastewater discharge. If “Report” appears on the table, it has been determined that an allocation of this pollutant is not necessary. The permittee shall compare any monitoring data for these pollutants with the screening table in Part I (3) below. If pollutant concentrations above the screening levels are observed, a local Daily Maximum and/or Monthly Average limit may be developed for that pollutant. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 8 of 36 a. Daily Maximum Limit means the maximum allowable discharge limit of a pollutant during a calendar day or any 24-hour period that represents a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits 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. In the case of samples collected by the grab method, the daily maximum shall be applied as an Instantaneous Maximum Allowable Discharge Limit or as an Instantaneous Minimum Allowable Discharge Limit as follows: i. Instantaneous Maximum Allowable Discharge Limit – shall mean the maximum concentration or loading of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. ii. Instantaneous Minimum Allowable Discharge Limit – shall mean the minimum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. The lower pH limit is applied as an Instantaneous Minimum Allowable Discharge Limit. b. Monthly Average Limit means the maximum allowable average of daily discharges over a calendar month, calculated as the sum of the concentrations of all daily discharges measured during a calendar month divided by the number of daily discharges measured that month. 3. Discharge Screening Level Limitations have been established to evaluate the need for a limitation for pollutants that are not listed in the Effluent Limitation section of the permit. If a permittee has no limit for a particular pollutant, but observes, through monitoring and analysis, a concentration of that pollutant greater than the listed Discharge Screening Level concentration found in the table below, the permittee shall notify the Control Authority. This notification shall be made in writing within five days of observing the pollutant concentration. Parameter Daily Maximum Screening Level (mg/L) Arsenic (mg/L) 0.2 Cadmium (mg/L) 0.1 Chromium (mg/L) 2.0 Copper (mg/L) 0.3 Lead (mg/L) 0.3 Nickel (mg/L) 0.3 Silver (mg/L) 0.2 Zinc (mg/L) 0.3 Tri-Pac Inc. Industrial Wastewater Discharge Permit page 9 of 36 PART II - MONITORING REQUIRMENTS A. Monitoring Frequency 1. The following parameters shall be monitored at the frequency and with the sampling type stated below. All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this permit shall be conducted using the methods and procedures approved in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable Categorical Pretreatment Standard. The following parameters shall be monitored at Sample Site Outfall # 001 with the methods and at the frequency stated below: Parameter Sampling Frequency Sampling Type Flow, total (gpd) Daily Continuously Flow Monthly (gal) Monthly Continuously Arsenic (mg/L) Quarterly Composite Cadmium (mg/L) Quarterly Composite Chromium (mg/L) Quarterly Composite Copper (mg/L) Quarterly Composite Lead (mg/L) Quarterly Composite Mercury (mg/L) Semi-Annual Grab Nickel (mg/L) Quarterly Composite Silver (mg/L) Semi-Annual Composite Zinc (mg/L) Quarterly Composite Ammonia, Nitrogen (mg/L) Quarterly Composite BOD5 (mg/L) Quarterly Composite Oil and Grease (mg/L) Quarterly Grab Oil and Grease TPH (mg/L) Quarterly Grab pH Quarterly Grab Phosphorus (mg/L) Quarterly Composite T. Suspended Solids (mg/L) Quarterly Composite Acetone (mg/L) Quarterly Grab n-Amyl Acetate (mg/L) Quarterly Grab Ethyl Acetate (mg/L) Quarterly Grab Isopropyl Acetate (mg/L) Quarterly Grab Methylene Chloride (mg/L) Quarterly Grab See Flow Measurement Requirements referenced in Part III - Reporting Requirements. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 10 of 36 B. Monitoring Definitions 1. Composite – Samples are obtained through flow-proportional sampling technique over a 24-hour period or for the duration of discharge within the 24-hour sampling period, including multiple batches of wastewater. If the permittee demonstrates that time-proportional sampling is accurate or as representative as flow-proportional sampling, then a time-proportional sample may be collected. a. If the permittee chooses to demonstrate that time-proportional sampling is accurate or as representative as flow-proportional sampling, the permittee must submit a request, which includes the certification statement found in Part III (A) (4) signed by the Authorized Representative [see Part IV (B) (15)], within 120 days of the effective date of this permit or they shall commence flow-proportional sampling at that time. Request to conduct time-proportional sampling is subject to the Control Authority approval. 2. Grab Sample – A single sample collected from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes and taken at a time representative of normal discharge. 3. Continuously – The permittee shall monitor the discharge flow continuously and submit totalized daily flows with the Periodic Compliance Report (PCR). Each PCR shall include all flow measurements for the entire monitoring period covered in the report. This flow information shall be in addition to the flow data collected during sampling which shall be measured from the start of the sampling event to the end of the sampling event. 4. Daily monitoring frequency requires sampling to be conducted one (1) time in each calendar day. (Report due on the 20th of the following month) 5. Weekly monitoring frequency requires sampling to be conducted one (1) time in each calendar week (Sunday to Saturday). (Report due on the 20th of the following month) 6. Monthly monitoring frequency requires sampling to be conducted a minimum of one (1) time per calendar month. (Report due on the 20th of the following month) 7. Semiannual monitoring frequency requires sampling to be conducted a minimum of one (1) time per semiannual period. (1st Semiannual Period: January to June [Report due on the 20th of July]. 2nd Semiannual Period: July to December [Report due on the 20th of January]) 8. Quarterly monitoring frequency requires sampling to be conducted a minimum of one (1) time per calendar quarter. (1st Quarterly Period: January to March [Report due on the 20th of April]. 2nd Quarterly Period: April to June [Report due on the 20th of July]. 3rd Quarterly Period: July to September [Report due on the 20th of October]. 4th Quarterly Period: October to December [Report due on the 20th of January]) Tri-Pac Inc. Industrial Wastewater Discharge Permit page 11 of 36 9. The following conventional pollutants shall incur a surcharge in excess of the stated limitations below, as stated in Section 17-23(b) of the City of South Bend’s Municipal Code. Surcharge for ammonia (NH3-N) >25 mg/L Surcharge for BOD5 >250 mg/L Surcharge for phosphorus >10 mg/L Surcharge for Total Suspended Solids (TSS) >250 mg/L C. Representative Sampling 1. 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. 2. All wastewater samples must be representative of the permittee’s discharge. 3. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. a. The failure of a permittee to keep its monitoring facility in good working order shall not be grounds for the permittee to claim that sample results are unrepresentative of its discharge. PART III- REPORTING REQUIREMENTS A. Monitoring Reports 1. Monitoring results obtained shall be summarized and reported on an Industrial User Periodic Compliance Report (PCR). The PCRs are due on the twentieth (20th) day of the month following the required monitoring time frame. 2. The PCR shall indicate the nature and concentration of all pollutants in the effluent for which sampling and analysis were performed during the monitoring time frame preceding the submission of each report, including measured flows. The PCRs shall also include all supporting documentation necessary to demonstrate compliance. 3. The PCR shall be signed by a Certified Industrial Wastewater Operator of the State of Indiana indicating whether Pretreatment Standards and Requirements 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 Requirements. a. The Certified Operator shall sign one of the following statements: “Pretreatment Standards and Requirements are being met on a consistent basis.” Tri-Pac Inc. Industrial Wastewater Discharge Permit page 12 of 36 Or “Pretreatment Standards and Requirements are not being met on a consistent basis. Additional operation and maintenance and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.” b. If laboratory analytical data was not reported on the PCR, the requirement for the PCR to be signed by a Certified Industrial Wastewater Operator is not required, unless otherwise indicated by the Director. 4. All reports, including but not limited to PCRs, the Flow Measurement Plan, the Slug Control Plan, and corrective actions in response to permit violations, shall include the following certification statement signed by an Authorized Representative. See Part IV (B)(15) of this permit for requirements concerning the Authorized Representative. “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.” a. 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 must be submitted to the Director prior to or together with any reports to be signed by the Authorized Representative. Please see Part IV B. 15. of this permit for more information on designating a new Authorized Representative. B. Additional Sampling 1. If the permittee monitors their wastewater discharge for any pollutant more frequently than required by this permit, using test procedures in 40 CFR 136 or amendments thereto or otherwise approved by U.S EPA or as specified in the permit, the results of such monitoring shall be included in any calculations of actual daily maximum or monthly average pollutant discharge, and results shall be reported in the specific time frame report submitted to the Control Authority. C. Notification of Batch or Infrequent Discharge 1. Within 30 days of the effective date of this permit, the permittee shall commence to notify the City of South Bend via e-mail twenty-four (24) hours in advance of all batch or infrequent discharges to the City’s sewer so that during this time compliance monitoring may be conducted. The subject line shall include the words “discharge notification” followed by the outfall number, anticipated time of discharge, and the anticipated volume of discharge. The permittee may request a modification of notification requirements. All requests for modification of notification requirements are subject to approval by the City of South Bend. The notification shall be made via e-mail to Pretreatment@SouthBendIN.Gov. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 13 of 36 D. Noncompliance Notification and Re-Sampling 1. The permittee shall notify the Control Authority immediately of discharges that may cause problems to the POTW, including any slugload or accidental discharge. 2. If sampling performed by the permittee indicates a violation, the permittee shall: a. notify the Control Authority orally within twenty-four (24) hours of becoming aware of the violation and; b. submit a written follow up report within five (5) days of becoming aware of the violation, which shall include a description of the violation, the date and time the violation occurred, and plan for investigating the violation, and; c. resample and submit the results of that analysis to the Control Authority within thirty (30) days after becoming aware of the violation. 3. The permittee shall notify the Control Authority of any other noncompliance with this permit, not described in D(1) and D(2) above, in writing within five (5) days of becoming aware of the noncompliance. E. Accidental Discharge/Slug Discharge Control 1. As required by Section 17-10 (b) of the South Bend Municipal Code: within ninety (90) days of the effective date of this permit the permittee shall submit an Accidental Discharge/Slug Control Plan or report as to whether the existing plan is still being implemented. Thereafter, this plan or report as to whether the existing plan is still being implemented shall be updated by the 30th of November on a continuous even two (2) year cycle (i.e. 2022, 2024, 2026...). If an updated plan is not received by the date listed above, a $500.00 fine may be assessed followed by a $500.00 fine for every month following, until an updated Accidental Discharge/ Slug Control Plan is submitted. The Accidental Discharge/ Slug Control Plan 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: i. inspection and maintenance of storage areas. ii. handling and transfer of materials. iii. loading and unloading operations. iv. control of plant site runoff. v. worker training vi. building of containment structures or equipment. vii. measure for containing toxic organic pollutants, including solvents. viii. measures and equipment for emergency response. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 14 of 36 e. The plan shall also include the certification statement found in Part III (A) (4) signed by the Authorized Representative [see Part IV (B) (15)] 2. The permittee shall orally notify the Control Authority immediately upon the occurrence of a slug or accidental discharge of prohibited substances. The notification shall include location of discharge, date and time of occurrence, type of waste, concentration and volume, and corrective action. Immediate notification shall be verbal followed by a written verification within five (5) days of the incident. 3. The permittee shall notify the Control Authority immediately if any changes occur at the facility that affect the potential for a slug or accidental discharge. Additionally, the permittee shall submit a revised plan that reflects those changes. 4. Once submitted, the Accidental Discharge/Slug Control Plan shall be deemed an enforceable part of the permit and shall be implemented as written. Any deviation from the Accidental Discharge/Slug Control Plan shall constitute a permit violation. F. Certified Operator Requirement: 1. As required by Section 17-10 (o)(4)(b) of the South Bend Municipal Code: Tri-Pac Inc. 3701 Progress Drive South Bend IN 46628 Tri-Pac, Inc shall be required to have a Certified Industrial Wastewater Operator of the State of Indiana with the minimum classification listed below, sign all periodic compliance reports, 90 day compliance status reports, and all compliance schedule reports, 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 Requirements. The Certified Operator shall sign one of the following statements: “Pretreatment Standards and Requirements are being met on a consistent basis.” Or “Pretreatment Standards and Requirements are not being met on a consistent basis. Additional operation and maintenance and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.” Industrial Certified Operator Classification: B 2. This permit holder shall have a certified operator, with the minimum classification listed above, sign all periodic compliance reports, 90 day compliance status reports, and all compliance schedule reports. 3. If a certified operator is not signing permittee’s user reports, a $500.00 fine will be assessed followed by a $500.00 fine for every user report submitted, until the certified operator requirement is met. 4. If laboratory analytical data was not reported on the PCR, the requirement for the PCR to be signed by a Certified Industrial Wastewater Operator is not required, unless otherwise indicated by the Director. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 15 of 36 G. Significant Change in Discharge / or Production 1. The permittee shall notify the Control Authority of any significant changes to the permittee’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. 2. For permittees subject to categorical production based mass standards, average rates of production shall be reported in the months of July and January. If at any time the permittee becomes aware that the average production rate has changed or will change by twenty (20) percent or more, the permittee shall notify the Control Authority regarding the change. a. Any permittee operating under a permit incorporating equivalent mass or concentration limits calculated from a Production-Based Standard shall notify the Director within two (2) business days after the permittee has a reasonable basis to know that the production level will significantly change within the next calendar month. Any permittee not notifying the Control Authority of such anticipated change will be required to meet the mass or concentration limit in its permit that were based on the original estimate of the long-term average production rate. H. Flow Measurement Devices 1. The permittee shall submit a Flow Measurement Plan (FMP) within 90 days of the issuance of this permit or report as to whether the existing plan is still being implemented. The FMP shall describe, at a minimum, how the permittee will measure and record water and wastewater flow in their facility, including how wastewater discharged to the sewer will be measured, and shall include the certification statement found in Part III (A) (4) signed by the Authorized Representative [see Part IV (B) (15)]. 2. When internal process flow measurement is requested by the Director, the FMP shall also describe how the flow of any internal processes will be measured. The FMP shall be subject to review by the Control Authority. 3. The permittee shall measure and report the wastewater discharge flow for the duration of each sampling event. Totalized daily flows shall also be submitted with the Periodic Compliance Report (PCR). For batch discharges, the permittee shall report the date and the volume of each and every batch discharge. Each PCR shall include all flow measurements for the entire monitoring period covered in the report. 4. The permittee shall calibrate any flow measurement device as needed, but no less than once every twelve months. The calibration shall be performed by a qualified individual, with the appropriate equipment, and by a method acceptable to the Control Authority. The permittee shall submit all records of calibration to the Control Authority. 5. Spare level sensing and totalizing/recording instrumentation, and sampling repair parts shall be available for immediate installation upon discovery that flow measurement devices are not operating properly, or as described in the FMP. 6. The permittee shall not, at any time, remove, alter, or change any of the flow measurement devices described in the FMP. Any proposed change to the FMP shall be submitted to the Control Authority for approval. If the permittee is unable to measure flow as described in the FMP, the permittee shall immediately notify the Control Authority. I. Reporting Information and Correspondence with the Permittee Tri-Pac Inc. Industrial Wastewater Discharge Permit page 16 of 36 1. Unless otherwise provided in this permit, all correspondence related to this wastewater discharge permit shall be sent to the Control Authority at this address: City of South Bend Division of Environmental Services Industrial Pretreatment Group 3113 Riverside Dr. South Bend IN 46628 2. In the event that an oral notification is required due to a spill or slug to the sewer, or other emergency, the permittee shall call 574-277-8515 and dial zero (0) to reach an operator. 3. All correspondence from the Control Authority to the permittee regarding compliance with this permit will be directed to the Authorized Representative identified in the application in Question A.3. The permittee shall be responsible for all requirements and information in correspondence directed to the attention of this designated individual, including but not limited to due dates. a. Should the permittee wish to change the Authorized Representative responsible to receive correspondence from the Control Authority a written designation must be submitted to the Control Authority indicating the name of the new Authorized Representative designated to receive compliance correspondence, their position in the company, a statement that they meet the requirements in Part IV (B) (15) of this permit, complete contact information, and an effective date of this designation. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 17 of 36 PART IV – STANDARD CONDITIONS A. Prohibited Discharges 1. General prohibitions. No permittee shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. 2. Specific prohibitions. No permittee shall introduce or cause to be introduced certain pollutants, substances, or wastewater into any public sewers or directly or indirectly into the POTW. Those pollutants, substances or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW. The following described pollutants are expressly prohibited: a. 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 one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) using the test methods specified in 40 CFR 261.21. b. 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 regulation issued by the EPA or the IDEM. Toxic pollutants are identified pursuant to Section 307(a) of the Federal Water Pollution Control Act, as amended. c. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper, dishes, cups, milk containers, etc., either whole or ground by garbage grinders. d. 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. e. Wastewater or any liquid having a temperature greater than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius), 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 one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius). f. Trucked or hauled pollutants, except at discharge points designated by the Director. g. Any pollutant that results in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. h. 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. i. 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), whether emulsified or not, in excess of three hundred (300) mg/L, Total Oil and Grease. The hydrocarbon portion of the Total Oil and Grease concentration may not exceed one hundred (100) mg/L. Proper testing Tri-Pac Inc. Industrial Wastewater Discharge Permit page 18 of 36 procedures shall be outlined for each permittee. No permittee shall introduce or cause to be introduced petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Pass Through or Interference. j. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths-horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Board. k. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not. l. 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. m. 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 requirement of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters. n. Any waters or wastes having a pH lower than 6.0, any waters or wastes having a pH in excess of 11.0, or having any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the publicly owned treatment works (POTW), or that interferes with any treatment process. o. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. p. Sludges, screenings, or other residues from the pretreatment of industrial wastes. q. Medical Wastes, except as specifically authorized by the Director. r. Wastewater causing, alone or in conjunction with other sources, the POTW’s effluent to fail a toxicity test. s. Materials which exert or cause: i. Unusual concentrations of inert suspended solids (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). ii. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). iii. Unusual S.S., CBOD, BOD, ammonia-nitrogen, phosphorus, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. iv. Unusual volume of flow or concentration of wastes constituting "slugs," as defined herein. t. 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. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 19 of 36 u. It shall be unlawful for any permittee to place, deposit, permit to be deposited, or discharged in any manner whatsoever, any substance into a sewer at a point different than the proposed sewer connection to the sanitary sewer system. 3. Dilution Prohibition. No permittee 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 permittees who are using dilution to meet applicable Pretreatment Standards or Requirements or in other cases when the imposition of mass limitations is appropriate. 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 the Pretreatment Program. B. General Pretreatment Requirements 1. Power and Authority of Inspectors a. The Director, Inspector and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of the City of South Bend’s Municipal Code. The Director or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries that do not have a direct bearing on the kind and source of discharge to the sewers or waterways of facilities for waste treatment. b. While performing the necessary work on private properties, the Director or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by the negligence or failure of the company to maintain safe conditions in their facility. c. The Director and other duly authorized employees of the City bearing proper credential and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 2. Facilities Operation a. The permittee shall at all times maintain in good working order and operate as efficiently as possible, all pretreatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 20 of 36 3. Bypassing a. The permittee may allow any bypass (i.e., an intentional diversion of any wastestream from any portion of the permittee’s treatment facility) to occur that does not cause any Pretreatment Standards or Requirements to be violated, provided that the bypass is for maintenance essential to assure efficient operation of the facility. b. Any other bypass is prohibited except: i. where it would be unavoidable to prevent loss of life, personal injury or severe property damage. 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. ii. where there was no feasible alternative 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, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been installed to prevent a bypass during normal periods of equipment downtime or preventative maintenance); and iii. where the permittee has submitted notice to the control authority as required below. c. If the permittee knows in advance of the need to bypass, the permittee shall provide verbal notice to the Control Authority, if possible, at least ten (10) days before the date of bypass. In the event of an unanticipated bypass, the permittee shall notify the Control Authority of any bypass that violates any Pretreatment Standard or Requirement within twenty-four (24) hours of becoming aware of the bypass. Within five (5) days of becoming aware of the bypass, the permittee must submit a written report to the Director, unless waived by the Director, containing; i. a description of the bypass and its cause; ii. the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, how long the bypass is expected to continue; and iii. steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 4. Duty to Mitigate a. The permittee shall take all reasonable steps to minimize any adverse impact to the POTW resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring necessary to determine the nature and impact of the non- compliant discharge. 5. Upset Provision a. Upset means an exceptional incident in which there is unintended and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative 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 below are met. c. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating log, or other relevant evidence that: Tri-Pac Inc. Industrial Wastewater Discharge Permit page 21 of 36 i. an upset occurred and the permittee can identify the cause(s) of the upset ii. the facility was at the time being operated in a prudent workman-like manner and in compliance with applicable operation and maintenance procedures; and iii. the permittee 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 submitted within five (5) days): a. a description of the 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. the steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. d. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset shall have the burden of proof. e. The permittee 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. The permittee 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. 6. Administrative Enforcement a. Any permittee found in violation of any applicable local, state, federal law, City of South Bend Municipal Code Chapter 17, or any conditions within this permit will be subject to Administrative Enforcement Action in accordance with the Enforcement Response Plan (ERP) provided in Attachment 2 to this permit. 7. Penalties for False Reporting a. Any person who knowingly 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 permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this permit, shall be subject to administrative fines of not more than $2500 per day per violation and/or civil litigation and/or fines and imprisonment upon criminal conviction. 8. Penalties for Violation of Pretreatment Standards a. Any permittee found in violation of Pretreatment Standards and Requirements (40 CFR 403), the City of South Bend Municipal Code, or this industrial wastewater discharge permit issued by the City of South Bend and any applicable compliance schedules, shall be subject to administrative fines of not more than $2500 per day per violation and/or civil litigation and/or fines and imprisonment upon criminal conviction. 9. Revocation of Permit a. The Director may revoke an individual wastewater discharge permit for good cause, which shall be subject to appeal under Article 2, Chapter 17, Subsection 17-11(c) of the South Bend Municipal Tri-Pac Inc. Industrial Wastewater Discharge Permit page 22 of 36 Code, but the effectiveness of revocation shall not be stayed pending administrative appeal. Reasons for permit revocation by the Director include, but are not limited to the following: i. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge; ii. Failure to provide prior notification to the Director of changed conditions pursuant to Article 2, Chapter 17, Subsection17-10(o)(5); iii. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; iv. Falsifying periodic compliance reports and certification statements; v. Tampering with monitoring equipment; vi. Refusing to allow the Director timely access to the facility premises and records; vii. Failure to meet effluent limitations; viii. Failure to pay fines; ix. Failure to pay sewer charges; x. Failure to meet compliance schedules; xi. Failure to complete a wastewater discharge survey or the wastewater discharge permit application; xii. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or xiii. Violation of any Pretreatment Standard or Requirement, or any terms of this permit or Chapter 17 of the City of South Bend’s Municipal Code. 10. Confidentiality a. Information and data on a permittee 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 permittee specifically requests, and demonstrates, 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 the Indiana Access to Public Records Act (IC 5-14-3- 4(A)(4)). Any such request must be asserted at the time of submission of the information or data by stamping the words “confidential business information” on each page containing such information. When requested and demonstrated by the permittee 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. b. 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. c. All other information which is submitted to the State or Board of Public Works shall be available to the public at least to the extent provided by 40 CFR 2.302. 11. Transfer of Ownership or Control a. This permit may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the individual wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: Tri-Pac Inc. Industrial Wastewater Discharge Permit page 23 of 36 i. Identifies the new owner or operator, including address and telephone number; ii. Identifies the Authorized Representative for the new owner or operator in accordance with Part IV (B)(15) of this permit, including telephone number and email address; iii. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes; iv. Identifies the specific date on which the transfer is to occur; and v. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit. b. Failure to provide advance notice of a transfer renders this permit void as of the date of transfer. 12. Reopening Clause a. This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent limitation or standard issued or approved under section 307(b) of the Clean Water Act if the effluent limitation or standard so issued or approved: i. Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or ii. Controls any pollutant not limited in the permit. b. The permit, as modified or reissued under this paragraph, shall also contain any other requirements of the Clean Water Act when applicable. 13. Records Retention a. Permittees shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this permit, any additional records of information obtained pursuant to monitoring activities undertaken by the permittee independent of such requirements, and documentation associated with Best Management Practices established under Section 17-8 of the South Bend Municipal Code. 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; any information used to demonstrate that the analysis was performed in accordance with methods approved in 40 CFR Part 136; 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 permittee or the City, or where the permittee has been specifically notified of a longer retention period by the Director. 14. Federal and State Pretreatment Requirements a. Compliance with this 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 this wastewater discharge permit. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 24 of 36 15. Authorized Representatives a. The permittee shall be represented by an Authorized Representative and/or Duly Authorized Representative. i. The Authorized Representative or Duly Authorized Representative of the permittee shall be: a. If the Permittee is a corporation: i. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or ii. The manager of one (1) or more manufacturing, production, or operating 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 actions 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. b. If the permittee is a partnership or sole proprietorship: A general partner or proprietor, respectively. c. If the permittee is a Federal, State, or local government 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. ii. The individuals described in paragraphs (a) through (c) above, may designate a Duly Authorized Representative if the authorization is made in writing by the individual described in (a) through (c) above, the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Director. iii. Should the permittee wish to change the Authorized Representative responsible to receive correspondence from the Control Authority a written designation must be submitted to the Control Authority indicating the name of the new Authorized Representative designated to receive compliance correspondence, their position in the company, a statement that they meet the requirements in Part IV (B) (15) of this permit, complete contact information, and an effective date of this designation. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 25 of 36 ATTACHMENT 1: Definitions As used in this Industrial Discharge Permit: Board: shall mean the City of South Bend acting through its Board of Public Works or duly authorized officials or board acting in its behalf. Calendar day: shall mean any 24-hour period that represents a calendar day for the purposes of sampling. Certified Operator: shall mean a person certified by the state of Indiana to sign all user reports 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 Requirements. Director: Director means the Director of Utilities of the City of South Bend, Indiana, or the Director's authorized deputy, agent or representative. Control Authority or Industrial Pretreatment Group: shall mean the Bureau of Wastewater Division of Environmental Services located at: 3113 Riverside Drive, South Bend, IN 46628. Industrial wastes: means any solid, liquid or gaseous substances or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a permittee or a person, and shall further mean any nondomestic waste to a City sewer system. Slug (or slugload): shall mean any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards set forth in section 17-8 of the City of South Bend Municipal Code, herein, or any discharge of a non- routine, episodic nature, including, but not limited to, an accidental spill or non-customary batch discharge. Batch or Infrequent Discharge: shall refer to the discharge produced from a treatment or manufacturing process in which a tank or reactor is filled, the wastewater (or solution) is held or a chemical solution is prepared, and the tank is emptied, resulting in a discrete discharge to the sanitary sewer. Batch or infrequent discharge shall also mean wastewater produced due to cleaning, stabilizing, or conditioning chemical solutions for use in industrial manufacturing and treatment processes as well as the discharge from processes that are not in operation on a regular basis, and from occasional maintenance activities. Batch Composite Sampling: A batch composite sample shall consist of at least three (3) grab samples that are collected throughout the duration of the discharge from the batch tank. At a minimum, the samples shall be collected at the beginning, the middle, and the end of the discharge from each batch tank. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 26 of 36 ATTACHMENT 2: ENFORCEMENT RESPONSE PLAN CITY OF SOUTH BEND INDUSTRIAL PRETREATMENT Tri-Pac Inc. Industrial Wastewater Discharge Permit page 27 of 36 Enforcement Response Plan Outline I. Management Plan A. Permit Application and Classification B. Permitting C. Monitoring D. Field Inspection and Analysis E. Compliance Decisions and Enforcement II. Enforcement Procedures III. Significant Non-Compliance IV. Enforcement Response Examples A. Sampling, Monitoring, Reporting B. Compliance Schedules C. Discharge Limitations D. Non-Compliance Detected Through Inspections or Field Investigations E. Other Non-Compliance V. Timeframes for Responses This Enforcement Response Plan was written with the guidance of U.S. EPA document PB90-185083, Guidance for Developing Control Authority Enforcement Response Plans. Office of Water Enforcement and Permits. U.S. Environmental Protection Agency, Washington, DC 20460 1989. Revised 4/29/2011 Approved by US EPA in a letter dated July 21, 2011 Tri-Pac Inc. Industrial Wastewater Discharge Permit page 28 of 36 This document will describe the enforcement procedures that are used in controlling industrial discharges to the South Bend Publicly Owned Treatment Works. I. Management Plan The pretreatment program for the City of South Bend is administered by the Division of Environmental Services. The responsibilities of the pretreatment program are: 1. Collect and verify industrial discharge data through laboratory analyses. 2. Make recommendations to the Board of Public Works concerning the issuance of discharge permits. 3. Review user discharge monitoring reports. 4. Determine the status of user compliance with federal, state, and local regulations. 5. Write federal, state, and local mandated pretreatment reports. 6. Make recommendations for enforcement actions. Enforcement procedures such as letters of violation, administrative fines, and administrative orders are issued by a Pretreatment Coordinator. Pretreatment Coordinators recommend more serious enforcement responses to the Environmental Compliance Manager and the Director of Environmental Services. Severe violations are reported to the Board of Public Works with recommendations from the Director of Environmental Services. The following information describes in more detail the management procedures which are used in enforcement of the program. A. Permit Application and Classification Lists of Industrial Users (IUs) are evaluated based on operations performed, water usage and discharge, and chemical inventory, among other factors. Industries identified as belonging to one of the following groups are issued industrial wastewater discharge permits, and categorized as either an Industrial User, or a Significant Industrial User. 1.IUs subject to federal categorical standards – SIU 2.IUs that have process wastewater discharge exceeding 25,000 gallons per day – SIU 3.IUs that contribute process wastewater discharge exceeding 5% of the POTW’s dry weather hydraulic or organic loading capacity.- SIU 4.IUs that have a reasonable potential to adversely affect POTW workers, the POTW itself, and the receiving stream. – SIU 5.IUs that have non-significant wastewater discharge streams may or may not be issued an industrial wastewater discharge permit. – IU/SIU B. Permitting The pretreatment staff assesses the information supplied by a user in its permit application. Discharge parameters to be monitored are set based on application information and local requirements, and limits are set in accordance with local, state, and federal regulations. The industrial wastewater discharge permit is issued by the South Bend Board of Public Works. C. Monitoring Tri-Pac Inc. Industrial Wastewater Discharge Permit page 29 of 36 Monitoring consists primarily of the following items: 1. Periodic Compliance Reports submitted to the City of South Bend pretreatment staff as described in each permitted user’s discharge permit. 2. Control Authority (City of South Bend) monitoring including site inspections, and sample collection and analysis. Monitoring events will be conducted both with and without announcement. 3. Compliance report submitted to the City of South Bend pretreatment staff as described in each permitted user’s discharge permit. 4. Other information and reports that convey compliance status which the City of South Bend pretreatment staff may request. D. Field Inspection and Analysis The City of South Bend pretreatment staff collect wastewater discharge samples and inspect industries as required to determine compliance, and to obtain verification of self monitoring data. E. Compliance Decisions and Enforcement Industries found to be out of compliance with federal state, or local requirements are subject to the conditions found in Chapter 17 of the South Bend Municipal Code, described in this Enforcement Response Plan. Informal enforcement actions, letters of violation, administrative fines, and administrative orders are conducted by a Pretreatment Coordinator or by the Director of Environmental Services, depending on the severity of the noncompliance. Enforcement actions which require legal action, criminal investigation, sewer ban, or other penalties may be made by the Board of Public Works upon the recommendation of the Director of Environmental Services. II. Enforcement Response Violations and discrepancies that have been identified are evaluated by the City of South Bend pretreatment staff as to the type of enforcement response necessary. In order to ensure equitable treatment of violators and provide a stronger basis for selection of appropriate responses to violations, the following Enforcement Response Plan should normally be followed. However, certain circumstances or types of violations may require responses that deviate from this plan. The Enforcement Response Plan indicates the type of noncompliance, the circumstances which might vary the type of response and the range of responses for that particular category of noncompliance. The Enforcement Response Plan has been developed with the intention of serving the following purposes. 1. It recommends enforcement responses that are appropriate in relation to the nature and severity of the violation and the overall degree of noncompliance. 2. It provides a guide to encourage a uniform application of enforcement responses to comparable levels in types of violations, and it can be used as a mechanism to review the appropriateness of the response. The Enforcement Response Plan groups various types of violations into the following four categories: 1. Violations of sampling, monitoring, and reporting Tri-Pac Inc. Industrial Wastewater Discharge Permit page 30 of 36 2. Violations of compliance schedules 3. Violations of discharge limitations 4. Violations detected through inspection or field monitoring In order to provide a concise document in a usable format, abbreviations have been used for the types of response. A definition of each abbreviation is listed in increasing order of severity. 1. IA – An Informal Action may be used to respond to minor violations. This is typically conveyed to the industry contact person, either by phone or with a written notice. This type of response is used for very minor violations that only require follow up action at the next compliance event. 2. LOV – A Letter of Violation is the most widely used and is a written notification to the User indicating the type of apparent violation. The LOV will require a response within 14 days which usually consists of a written letter to the Control Authority (POTW – City of South Bend) indicating the reason for the noncompliance and a description of measures that are being taken to eliminate similar future violations. 3. AF – An Administrative Fine is a monetary penalty assessed by the Control Authority for violations of pretreatment standards and requirements. An administrative fine may not exceed $2,500 per day per violation and the Control Authority has discretion in setting the amount of the fine. In the case of long term noncompliance, or noncompliance with a long term average standard, a fine shall accrue for each day of the period of noncompliance. 4. AO – An Administrative Order is issued to a User by the Control Authority and contains necessary corrective measures that need to be carried out by a User to achieve compliance. The four basic types of administrative orders are: Cease and Desist, Consent, Show Cause, and Compliance. A description of each follows. The order would normally contain a short time frame. a. Cease and Desist - 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: (1) Immediately comply with all requirements; and (2) 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. b. Consent - 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. c. Show Cause - 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 Tri-Pac Inc. Industrial Wastewater Discharge Permit page 31 of 36 enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. d. Compliance - 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. 5. LIT – Litigation is the most severe enforcement action and is utilized when a User has not cooperated with the Control Authority or responded to the other enforcement remedies. Litigation defines several courses of action including civil suits for injunctive relief and/or civil penalties, criminal suits, termination of service, etc. These types of actions would all involve the courts and the City Attorney and would follow the procedures necessary for the due process. III. Significant Non-Compliance (SNC) Utilizing the Enforcement Response Plan, Pretreatment Staff will initiate the appropriate response and see that the enforcement tracking files have been updated to show the type of action being taken and the response date. On a quarterly basis the Pretreatment Staff will be responsible for reviewing the compliance file of all Industrial Users for the previous six (6) months to determine significant non-compliance of any industrial user and on an annual basis, the names of all Industrial Users found in significant non-compliance will be published in the South Bend Tribune. A definition of significant non-compliance follows. Instances of Significant Non-Compliance (SNC) are Industrial User Violations which meet one or more of the following criteria: (a) Chronic violations of wastewater Discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l); (b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements taken for the same pollutant parameter Tri-Pac Inc. Industrial Wastewater Discharge Permit page 32 of 36 during a six-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 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 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 human health, welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge; (e) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance; (f) Failure to provide, within thirty (30) days after the due date, required reports, such as baseline monitoring reports, ninety (90) day compliance reports, periodic compliance reports, and reports on compliance with compliance schedules; (g) Failure to accurately report noncompliance; (h) Any other violation or group of violations, 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. Note: A determination of Significant Non-Compliance will not be made if the non-compliance events triggering SNC occurred only in the first 3 month period of any 6 month period being evaluated, and if the events caused the user to be in SNC for the previous 6 month period. If a user is found to be in SNC and continuing violations of the same type occur in the following 6 month period, the events from the previous quarter may be used in determining SNC in the following period. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 33 of 36 IV. Enforcement Response Plan Examples A. Sampling, Monitoring, and Reporting Non-Compliance Circumstances Range of Response Failure to sample, monitor or report Isolated, or infrequent LOV requiring correction within 14 days, AF, AO Failure to sample, monitor, report, and notify Control Authority Isolated or infrequent LOV requiring correction within 14 days, Escalated AF, AO Failure to sample, monitor, report, and notify Control Authority Frequent, or IU does not respond to LOV LOV, AF, AO, SNC Failure to notify of effluent limit violation, or slug discharge Isolated, or infrequent. No known effects. LOV, AF, AO if no response within 14 days Failure to notify of effluent limit violation Frequent or continued violation LOV, AF, AO, SNC, LIT Failure to notify of effluent limit violation, or slug discharge Known environmental or POTW damage LOV, AF, SNC, AO, Lit Failure to submit renewal permit application 90 days prior to permit expiration Number of days will be considered LOV, AF Reporting false information Any instance LIT, Criminal Investigation Tri-Pac Inc. Industrial Wastewater Discharge Permit page 34 of 36 B. Discharge Limitations Non-Compliance Circumstances Range of Response Exceeding Final Limits (categorical, local, or prohibited) Infrequent or isolated minor violation LOV, AF Exceeding Final Limits Infrequent or isolated major violations, exceed TRC limits LOV & AF, AO, LIT if environmental harm results Exceeding Final Limits Violation(s) which are SNC AF, AO, LIT Exceeding Interim Limits No known damages LOV, AF, AO Exceeding Interim Limits Results in known environmental or POTW damage - SNC LOV, AF, AO, LIT Reported Slug load Isolated, no known damage LOV, Show cause, AF, AO Reported Slug load Isolated with known interference, pass through or damage LOV, AF, AO, LIT Reported Slug load Recurring - SNC LOV, AF, AO, LIT Discharge without permit or approval One time, no known damage LOV, AO, AF Discharge without permit or approval One time, results in damage LOV,AF, AO, LIT, or request for criminal investigation Discharge without permit or approval Continuing violation with known damage LIT, request for criminal investigation, sewer disconnect C. Non-compliance detected through inspections or field investigation Non-Compliance Circumstances Range of Response Minor violation of analytical procedures Any instance LOV, AF with continuing violation Major violation of analytical procedures No evidence of intent LOV, AF, AO Major violation of analytical procedures Evidence of negligence or intent - SNC LOV, AF, AO, LIT (possible criminal action) Minor violation of permit condition No evidence of negligence or intent LOV, immediate corrective action required, AF Minor violation of permit condition Evidence of negligence or intent - SNC AF, AO, SNC, LIT (possible criminal action) Major violation of permit condition Evidence of negligence or intent - SNC AF, AO, SNC, LIT (possible criminal action) Tri-Pac Inc. Industrial Wastewater Discharge Permit page 35 of 36 D. Compliance schedules Non-Compliance Circumstances Range of Response Reporting false information Any instance - SNC LIT, criminal investigation Missed interim date Will not cause late final or other interim date LOV Missed interim date Will result in other missed interim dates, violation for valid cause LOV, AO Missed interim date Will result in other missed interim dates, no valid cause - SNC LOV, AO, LIT Missed final date 90 days or more, failure or refusal to comply without a valid cause AO, LIT V. Time frame for responses A. Initial enforcement action responses [involving contact with industrial users and requesting information on corrective or preventative action (s)] will occur within 15 days of becoming aware of violation. B. Follow up actions for continuing or recurring violations will be taken within sixty (60) days of the initial enforcement response. For all continuing violations, the response will include an administrative order with milestones or deadlines. C. Violations which threaten health, property, or environmental quality are considered emergencies and will receive immediate responses such as halting the discharge or terminating service. D. All violations meeting the criteria for Significant Non-Compliance will be addressed with an enforceable order within 30 days of the identification of Significant Non-Compliance. Tri-Pac Inc. Industrial Wastewater Discharge Permit page 36 of 36 ATTACHMENT 3: Appeals Procedure Any permittee desiring to dispute a fine 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 permittee’s appeal is successful, the Director may reconsider to waive or reduce the fine. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. Any User aggrieved by a final action of the Director requiring a permittee to restrict the volume or point of discharge; requiring a permittee to install a storage or flow-control facility; denying a permit transfer; revoking a permit; or issuing any authorized Administrative Enforcement Remedy, may request reconsideration by the Director within fifteen (15) days of such Director action, and the Director shall have thirty (30) days from receipt of request to make a decision related to reconsideration. An administrative appeal from any terms of an individual wastewater discharge permit shall be made as described in the paragraph above, but the effectiveness of the individual wastewater discharge permit shall not be stayed pending the administrative appeal. Appeals to the Director shall be submitted to: Director of Public Utilities 3113 Riverside Drive South Bend, IN 46628 If the ruling made by the Director is unsatisfactory to the person requesting reconsideration, or if the Director fails to act within thirty (30) days from receipt of the request, the permittee may, within seven (7) days after notification of action, or if the Director fails to act, within thirty-five (35) days of the date of request for Director reconsideration, 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. Appeals to the Board of Public Works shall be submitted to: Board of Public Works 1316 County City Building 227 W. Jefferson Blvd South Bend, IN 46601 All appeals shall carbon copy (cc) the City of South Bend’s Pretreatment Coordinator(s). For clarification or additional details about the appeals procedure see the City of South Bend Ordinance Sections 17-10 & 17-11.