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HomeMy WebLinkAboutAmending Chapter 17, article 2, relating to pretreatment requirements for the use of public sewersORDINANCE No. assa Passed by the Common Council of the Ciry of South Bend, Indiana, November 23, 19 98 Attest: ~ City Clerk LORETTA~. DUDAU ' Attest: " "' Presented by me to the Mayor of the City of South Bend, Indiana November 24, President of Common Council 19 98 City Clerk Approved and signed by me November 25, l9 98 Mayor ORDINANCE NO. I~U /~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND 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 industrial wastewater pretreatment requirements into compliance with current federal pretreatment regulations. This Amendment is in response to recommendations made by the EPA after its review of the City's pretreatment program. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Amended Sections: 17-8(b)(3), page 2; 17-8(b)(9), pages 2 & 3; 17-8(b)(11), page 3; 17-8(b)(16), page 3; 17-9(h), page 7; 17-10(a)(4), pages 7 & 8; 17-10(1)(11), page 16 and 17-10(m), page 18. 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 Sec. 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 sewers or 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 aclosed-cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty-five (65) degrees Celsius) 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 3:5 5_0 or having any corrosive property capable of causing damage or hazard to structures, equipment collection systems or personnel of the sewage works, or that interferes with any treatment process. (4) 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. (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 ancUor 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 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). (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 MonthlvAverage Total Arsenic ~9 0.9 A:~ 0.4 Total Cadmium ~ 0_5 -~ 0_2 2 Total Chromium 7i5 3_0 Total Copper 3-9 1_6 3-~ 0_8 Total Cyanide 1.5 ~ 0_7 Total Lead ~9 1_9 8-g 1_0 Total Mercury 0.1 &8~~ 0.05 Total Nickel 3:-9 1.9 ~ 0_8 Total Silver 1_8 0_9 Total Zinc -1~9 3.4 6:8 1_7 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. (11) 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)me/1/1 daily maximum containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit or zero (0) and sixty-five (65) degrees Celsius, however, the hydrocarbon portion of the total oil and grease concentration may not exceed one hundred (100)mg/1. Proper testing procedures shall be outlined in each industry's discharge permit. (12) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor ofthree-fourths-horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Board. (13) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not. (14) 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) 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. (16) Any waters or wastes having a pH in excess of 9~ 10.0. Notwithstanding this provision, New Energy . Com., shall be authorized to discharge at a 3 pH not to exceed 12 in keeping with its odor abatement efforts. (17) 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 requirements in such quantities as to constitute a significant load on the sewage treatment works. d. Unusual volume of flow or concentration of wastes constituting "slugs," as defined herein. (18) 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) It shall be unlawful for any person 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. (c) 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 waste water characteristics and obtain prior approval for discharges. For purposes of this requirement, flow increases of twenty (20) percent 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 4 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. (d) 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. (e) 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. (f) When required by the Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. 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. (g) 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 the 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 atwenty-four 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-hour 5 composites of all outfalls whereas pHs are determined from periodic grab samples.) (h) 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 for 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. (Ord. No. 7942-88, § l; Ord. No. 8409-93, § 3; Ord. No. 8573-95, § 1) 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 article and the NPDES permit. (f) No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted water except where suitable treatment has been provided in accordance with provisions of this article and a NPDES permit. (g) Except as hereinafter provided, it shall be unlawful to 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, 6 employment, recreation or other purposes, situated within the City and abutting on any street, alley orright-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 rp opertX line. (Ord. No. 7942-88, § 1; Ord. No. 8409-93, § 3; Ord. No. 8573-95, § 1) 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 herein. (2) State and local requirements and limitations on discharges shall be met by all discharges 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 Monthly Average Total Arsenic -1-9 0.9 0~ 0.4 Total Cadmium ~ 0.5 -1~ 0.2 Total Chromium 7.5 3.0 7 Total Copper 3:9 1_6 ''.r-~ 0_8 Total Cyanide 1.5 9:5 0_7 Total Lead ~:8 11 9 8~ 1_0 Total Mercury 0.1 8-99§ 0.05 Total Nickel t, 3~8 1.9 -rte ~5 0_8 c n ivtA~-C Total Silver 1~8 0.`9 Total Zinc -1$:9 3.4 6:$ 1_7 All units mg/1. (b) Accidental discharges/slugs: (1) Each significant industrial user shall provide 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, nondomestic 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: 8 a. Is subject to National Categorical Pretreatment Standards as promulgated by the EPA; b. Discharges nondomestic wastewater in the amount equal to or exceeding twenty-five thousand (25,000) gallons per day; c. Contributes a nondomestic waste stream exceeding five (5) percent of the dry weather hydraulic or organic capacity of the wastewater treatment plant; 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 prior to connecting to or discharging into the wastewater system and shall apply for said permit at least ninety (90) days prior to anticipated connection. (d) Permit application; fees: (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 conditions: 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 nonfeasibility. f. Disclosure of site plans, floor plans, mechanical and plumbing plans and details 9 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 review and approval prior to implementation. j. Disclosure of each product produced by type, amount, process or processes and rate of production. 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 dollars ($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 10 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. i. Requirements for reporting the nature of significant changes in wastewater flow or in type and concentration of wastewater constituents. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty (20) percent 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 may be 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. 11 (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 for same immediately upon notification by the City. (3) Any current permittee whose wastewater discharge permit is affected by newly promulgated National Categorical Pretreatment Standards shall, upon notification by the Director, submit all documentation, 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 afive-year duration and shall be valid subject to amendment or revocation as provided in this division. 12 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 one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing 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. Environmental control. 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 indicates points of discharge to the POTW from the regulated processes. d. Flow measurement. Information showing the measured average, or estimated, if approved by the Director, daily and maximum flow, in gallons 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. 13 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. Baseline monitoring reports. All baseline monitoring reports must be signed and certified in accordance with subsection 17-10(1)(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. (4) Each permittee shall monitor the discharge with the frequency prescribed in its wastewater discharge permit. All sampling and analyses shall be performed in accordance with 40 CFR Part 136 and amendments thereto. (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 14 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 one hundred (100) kilograms (two hundred twenty (220) pounds) 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 (thirty-three (33) pounds) of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). A discharge of more than fifteen (15) kilograms (thirty-three (33) pounds) of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires aone-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. 15 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 aone-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 signed by an industrial certified wastewater operator of the State of Indiana, unless otherwise indicated in the user's Hermit. The Director shall specify the certification class required in the user's permit. Additionally, all such reports and all wastewater discharge permit applications must 16 contain the following certification statement and be signed by an authorized representative of the industrial user: "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 [Public] Works may revoke the permit of any user that violates the following conditions of this section, wastewater discharge permit, or orders issued hereunder. 17 (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 characteristics prior to discharge. (4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling. (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 violation(s) of this section, 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 ~istriet distinct offense. (n) 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 section 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 18 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) Judicial enforcement remedies. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this section, 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 section 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 deemed a prerequisite to seeking injunctive relief. (p) Remedies. The provisions of this section are not exclusive remedies. The City reserves the right to take any, all or a combination of these actions against a noncompliant user, separately or concurrently, and may also exercise any other remedies provided by law. (q) 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 (66) percent or more of wastewater measurements taken during asix-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 (33) percent or more of wastewater measurements taken for each pollutant parameter during asix-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. 19 (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 violations(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. Member of the Common Council 1st (;E1-eDIP:G 11 ~ ~ ~,~ ~y PJ~LIC NEARING ~-~ -~f b 3 rd READING ~~-2~j-9c~ NOT APPROVED RED ERRED PASSED ~ ~ '2~ j `~ g COMNIITTEE REPORT TO THE CONIMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 101-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS Respectfully report that they have examined the matter and that in their opinion, this bill comes to the full Council with a favorable recommendation. Charlotte Pfeifer Chairman COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PxoNE219/235-9251 Fax 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS LEWIS N. POWELL DIRECTOR October 29, 1998 Mr. Sean Coleman President, Common Council of the City of South Bend 400 County City Building South Bend, IN 46601 RE: Ordinance Amending Chapter 17 of the South Bend Municipal Code Dear Mr. Coleman: Enclosed is a copy of an ordinance to amend portions of Chapter 17 of the South Bend Municipal Code. As noted more specifically in the Ordinance, these amendments are suggested by US EPA as a result of a Pretreatment Compliance Inspection (PCI) of South Bend's pretreatment program conducted on December 10 and 11, 1997. Specifically, there are two major ordinance revisions: 1) technically derived local pretreatment discharge limits; 2) a requirement that certified operators be required to sign all industrial user reports to the City. EPA's PCI resulted in an administrative order against South Bend's pretreatment program issued August 11, 1998. The order requires revisions to the individual user permits and the City's enforcement responses to significant violations. EPA recommended that the local limits be revised; it is not part of the formal order. However, it was indicated that the lack of technically derived local limits would be a significant violation in a more complete audit of the program by EPA in the future. The first major revision is for technically derived local limits. The current local discharge limitations in South Bend's Sewer Use Ordinance (Chapter 17 of the Municipal Code) have not been technically derived as required by US EPA. The City contracted Lawson Fisher Associates to technically derive new local limits according to US EPA's guidance document Crccidance Manual on the Development and Implementation of Local Discharge Limitations Under the Pretreatment Program. ENGINEERING EA'VIRONMENTAL SERVICES EQUIPMENT' SERVICES CARL LITTRELL, P.E. JOHN,, DILLON, PH.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 219/235-9316 FAx 219/235-9171 FAx 219/277-8980 FAx 219/235-9007 TRANSPORTATION SAM HF.NSLEY 219/235-9444 FAx 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAx 219/235-9728 .r The second major revision is for a locally mandated certified operator requirement. Operator certification requirements for industrial pretreatment discharge permitees are covered by State of Indiana administrative code. South Bend's pretreatment discharge permits cite the Indiana administrative code although South Bend does not officially have the power to enforce the requirement. Also, there have recently been several attempts by lobbyists to remove the state requirement for a certified operator. A local requirement would still be in effect even if the state removed its requirement. A certified operator requirement in South Bend's local ordinance would strengthen the requirement and ultimately enhance compliance. The City has proposed to US EPA to have these ordinance revisions completed by November 30, 1999, so these ordinance revisions need to be on an accelerated time table if at all possible. Please do not hesitate to call me at 235-9251 or Ken Zmudzinski at 277-8515, should you have any questions. Sincerely, €:~~ Lewis N. Powell Director Public Works Enclosure ~.' ~ ~ - 4 ~~9~