Agenda 12/13/2011 Item #16C1212/13/2011 Item 16.C.12.
EXECUTIVE SUMMARY
Recommendation to direct the County Manager or his designee to amend Ordinance No. 2003 -18,
the Collier County Industrial Pretreatment Ordinance, to conform with the United States
Environmental Protection Agency Model Pretreatment Ordinance as required by Florida
Department of Environmental Protection.
OBJECTIVE: To comply with specific conditions within Florida Department of Environmental
Protection (FDEP) permits, numbers FLO141399 and FL0141356, for operations of the North
and South Water Reclamation Facilities (wastewater treatment facilities) and the associated
domestic transmission and conveyance wastewater collection system.
CONSIDERATIONS: On April 22, 2003, the Board of County Commissioners (Board), as Ex-
officio the Governing Board of the Collier County Water -Sewer District ( CCWSD), adopted
Ordinance No. 2003 -18, the Industrial Pretreatment Ordinance (Ordinance). The Ordinance
regulates the proper and legal usage of the sewer system for disposal of industrial waste for the
protection of the environment, public and employee health, and the domestic transmission and
conveyance wastewater collection system and treatment facilities.
The FDEP is requiring the CCWSD to update the Ordinance to comply with specific
requirements of the Domestic Wastewater Facility Permits for both of the CCWSD's water
reclamation facilities and the domestic transimission and conveyance wastewater collection
system. These requirements were placed on the FDEP permits for each facility in accordance
with Rule 62- 625.500(2)(a), Florida Administrative Code (F.A.C).
Updates to the Ordinance will be guided by the requirements and recommendations of FDEP
utilizing the F.A.C., the United States Environmental Protection Agency's Model Pretreatment
Ordinance, and the Code of Federal Regulations and applicable permit requirements.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The
contemplated ordinance amendments will not result in additional financial impact to the industrial
users.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. - JBW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary nor with the contemplated ordinance amendments.
RECOMMENDATION: That the Board direct the County Manager or his designee to amend
Ordinance No. 2003 -18 to comply with specific conditions within FDEP permits, numbers
FLO141399 and FL0141356, for operations of the North and South Water Reclamation Facilities
and the domestic transmission and conveyance wastewater collection system.
Prepared By: Millie Kelley, Wastewater Department Environmental Compliance Manager
Attachments: Current Industrial Pretreatment Ordinance No. 2003 -18 and EPA Model Pretreatment Ordinance
adopted by FDEP
Packet Page -2015-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.12.
12/13/2011 Item 16.C.12.
Item Summary: Recommendation to direct the County Manager or his designee to amend
Ordinance No. 2003 -18, the Collier County Industrial Pretreatment Ordinance, to conform with
the United States Environmental Protection Agency Model Pretreatment Ordinance as required
by Florida Department of Environmental Protection.
Meeting Date: 12/13/2011
Prepared By
Name: Jon Flomerfelt
Title: Chemist
11/16/2011 10:06:37 AM
Submitted by
Title: Manager - W/W Environmental Compliance,Wastewater
Name: Millie Kelley
11/16/2011 10:06:38 AM
Approved By
Name: Millie Kelley
Title: Manager - W/W Environmental Compliance,Wastewater
Date: 11/16/2011 11:22:37 AM
Name: Steve Messner
Title: Plant Manager,Water
Date: 11/16/2011 11:25:03 AM
Name: HapkeMargie
Title: VALUE MISSING
Date: 11/16/2011 1:10:36 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 11/17/20115:03:07 PM
Packet Page -2016-
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 11/27/20119:14:45 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11/28/2011 10:41:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/28/20114:10:59 PM
Name: OchsLeo
Title: County Manager
Date: 11/29/2011 4:16:54 PM
Packet Page -2017-
12/13/2011 Item 16.C.12.
[w
12/13/2011 Item 16.C.12.
lip
ORDINANCE NO. 2003- 18
C�WER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE FOR
WECT AND INDIRECT CONTRIBUTIONS INTO THE WASTEWATER
LLECTION AND TREATMENT SYSTEMS OF THE COLLIER COUNTY
WATER -SEWER DISTRICT; DEFINITIONS; ABBREVIATIONS; PROVIDING
FOR SUPPLEMENTAL SERVICE CHARGES; SCOPE OF APPLICATION OF
THIS ORDINANCE; RULES AND REGULATIONS; PROVIDING FOR
MONITORING AND INSPECTIONS; VIOLATIONS AND PENALTIES;
APPENDICES FOR RATES, FEES AND CHARGES; CONFIDENI�-A ITV.-
PUBLIC RECORDS LAW; DECLARATION OF EXCLUSION FROWA_ -THE
-11
ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR CONFLIti`_AND'
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CQ..JLIEW,
'
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING, -W4-•
EFFECTIVE DATE.
om �a
WHEREAS, the original Collier County Water -Sewer District, also mown
as the County Water -Sewer District of Collier County, was approved on
November 4, 1969 by the voters of Collier County in accordance with the
requirements of Chapter 153, Part II, Florida Statutes; and
WHEREAS, Chapter 88 -499, Laws of Florida, a Special Act of the
Florida Legislature, reestablished the District and provides for all rights, duties,
powers, jurisdictions, obligations, responsibilities and interests of both Districts
created pursuant to Chapter 153, Part II, Florida Statutes; and
WHEREAS, Chapter 88 -499, Laws of Florida, and any modifications
thereto have been codified in the Code of Laws and Ordinances of Collier
County, Florida as Sections 262 -631 through 262 -653; and
WHEREAS, Sections 262 -631 through 262 -653 of the Collier County
Codification is included in part and in whole, including any subsequent
amendments thereto, as an attachment to the Ordinance; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida is the Ex- off icio governing Board of the District; and
WHEREAS, uniform requirements for direct and indirect contributors into
the wastewater collection and treatment systems are in the public interest; and
WHEREAS, the District intends to comply with all applicable State and
Federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (Chapter 40 of the Code of Federal Regulations, Part
403); and
1
Packet Page -2018-
a
12/13/2011 Item 16.C.12.
WHEREAS, all interceptors and/or separators shall be subject to the
standards set forth in the Florida Building Code, Plumbing Sections 1003.1 —
1003.5; and
WHEREAS, the District intends to prevent the introduction of pollutants
into the District's wastewater system which will interfere with the operation of
the system or contaminate the resulting sludge; and
WHEREAS, the District intends to prevent the introduction of pollutants
into the District's wastewater system which will pass through the system,
inadequately treated, into receiving waters or into the atmosphere, or otherwise
be incompatible with the system; and
WHEREAS, the District intends to improve the opportunity to recycle and
reclaim wastewater and sludge from the system; and
WHEREAS, the District intends to provide for equitable distribution of the
cost of the District's wastewater system; and
WHEREAS, the District intends to provide for the regulation of direct and
indirect contributors to the District's wastewater system through the issuance of
permits to certain non - domestic users and through enforcement activities; and
WHEREAS, this Ordinance shall apply to the District and to persons
outside the District who are users of the County Publicly Owned Treatment
Works.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX- OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER
DISTRICT, that
SECTION ONE: Definitions and Abbreviations
A. Definitions
Unless the context specifically indicates otherwise, the meaning of terms.
used in this Ordinance shall be as follows:
Packet Page -2019-
12/13/2011 Item 16.13.12.
1. "Administrator" shall mean the ;administrator of the U.S.
Environmental Protection Agency or his duly authorized
representative.
2. "Authorized Representative" shall be a principle executive officer
of at least the level of vice president if the industrial user is a
corporation; a general partner or proprietor if the industrial user is
a partnership or sole proprietorship; or an individual if such
representative is responsible for the overall operation of the
facility.
3. TOD" (denoting Biochemical Oxygen Demand) shall mean the
quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days at
20 °C, expressed in milligrams per liter.
4. 'Building Drain" shall mean that part of the lowest horizontal
piping of a drainage system which receives the discharge from
soil, waste and other drainage pipes inside the walls of a building
and conveys it to the building sewer, beginning five (5) feet (1.5
meters) outside the inner face of the building wall.
5. "Building Sewer" shall mean the extension from the building drain
to the public sewer or other place of disposal.
6. "Carbonaceous Biological Oxygen Demand" (CBOD) shall mean
a quantitative measure of the amount of dissolved oxygen
required for the biological oxidation of carbon- containing
compounds in a sample.
7. "Chemical Oxygen Demand" (COD) shall mean a measure of
oxygen equivalent of that portion of the organic matter in a
sample that is susceptible to oxidation by a strong chemical
oxidant.
8. "Cooling Water" shall mean the water discharged from a building
or structure subsequent to use of that water for purposes
connected with air conditioning, cooling, refrigeration, or for other
Packet Page -2020-
a
12/13/2011 Item 16.C.12.
purposes to which the only pollutant added to that discharged
water is heat.
9. "County" shall mean Collier County, the Board of County
Commissioners of Collier County, Florida, or the duly authorized
staff, agent or the representative acting on behalf of the Board of
County Commissioners to supervise and/or manage the operation
of the Publicly Owned Treatment Works, which includes
administration of this Ordinance.
10. "Direct Discharge" shall mean the discharge of treated or
untreated wastewater directly to any surface water of the State of
Florida.
11. "Discharge Permit" shall mean a regulatory document issued by
the County to Industrial Users. The purpose of these permits is to
control the discharge of pollutants and slug loads.
12. "Discharge Quality Bond" shall mean a Bond for the permit years
payable to the County and District and conditioned upon the
Industrial User's faithful compliance with the conditions of this
ordinance and all other State and Federal regulations relating to
water pollution control.
13. "District" shall mean the Collier County Water -Sewer District
including the Collier County Public Utilities Division and
Wastewater Department and any of its Sub - Districts.
14. "Domestic Wastewater" shall mean wastewater discharged into
the sanitary sewers in which the concentration of total suspended
solids and BOD is not more than 250 mg/L, and COD is not more
than 375 mg/L, and Total Phosphorous is not more than 15 mg/L,
and Total Kjeldahl Nitrogen is not more than 40 mg/L; and total
flow is not more than 25,000 gallons per day. Wastewater that
exceeds any of these stated items is thereby not "domestic
wastewater."
Packet Page -2021-
12/13/2011 Item 16.C.12.
15. "Easement' shall mean legal rights for specific uses of land by the
grantee of the easement and/or all beneficiaries of the respective
easement. Easements convey an interest in real property.
16. "Environmental Protection Agency (EPA)" shall mean the United
States Environmental Protection Agency, or where appropriate
the term may also be used as a designation for the Administrator
or other duly authorized official of said Agency.
17. "FOG Program" shall mean Fats, Oil & Grease Program.
18. "Garbage" shall mean food wastes from the domestic and
commercial preparation, cooking and dispensing of food, and
from the handling, storage and sale of produce with no particle
greater than one -half (1/2) inch (1.27 centimeters) in any
dimension.
19. "Grease" shall mean any material that is extractable from an
acidified sample of a waste by hexane or other designated
solvent and as determined by the appropriate procedure in
"Standard Methods" for the Examination of Water and Waste
Manual, American Water Works Association (Includes Fats and
Oils).
20. "Grease Interceptor" shall mean a pretreatment device designed
and installed to separate animal fats, oils and other grease from
entering the wastewater system.
21. "Grease Trap" shall mean a pretreatment device designed and
installed to separate animal fats, oils and other grease from
entering the wastewater system.
22. "Hauled Waste" shall mean any water and /or waste, which has
been removed and transported from any pit, sump, holding tank,
septic tank; portable toilet, wastewater treatment facility or
industrial facility.
23. "Indirect Discharge" shall mean the discharge or introduction of
non - domestic pollutants from any source into wastewater facilities
Packet Page -2022-
12/13/2011 Item 16.C.12.
as regulated under Section 307(b), (c), or (d) of the Clean Water
Act of 1977, as now or hereafter amended or superceded from
time to time. Now
24. "Industrial User" shall be an Indirect Discharger that is the focus
of control efforts under the national pretreatment program;
includes all indirect dischargers subject to national categorical
pretreatment standards, and all other indirect dischargers that
contribute 25,000 gpd or more of process wastewater, or which
make up five percent (5 %) or more of the hydraulic or organic
loading to the municipal treatment plant, subject to certain
exceptions. (40 CFR 403.3 (t)) as now or hereafter amended or
superceded from time to time.
25.
"Industrial Waste Surcharge" shall mean the monetary charge
made in excess of the sewer service charge for all wastewater
over and above normal wastewater.
26.
"Industrial Wastes" shall mean the liquid wastes discharged from
industrial manufacturing processes, trades or businesses that has a
characteristics exceeding domestic wastewaters.
27.
"Infiltration/inflow" shall mean ground water and surface waters,
which leaks into the sewers through cracked pipes, joints,
manholes or other openings.
28.
"Interference" shall mean the inhibition or disruption of the
Publicly Owned Treatment Works processes or its operation,
which contributes to a violation of any requirement of the County's
state issued operating permit.
29.
"Manhole" shall mean a hole for which sewer, drains and pipes
can be accessed for maintenance, repairs and sample collection.
30.
"May" is permissive as defined by the District.
31.
"National Categorical Pretreatment Standard" or "Pretreatment
Standard" shall mean any regulation promulgated by EPA in
accordance with Sections 307 (b) and (c) of the Clean Water Act
C
Packet Page -2023-
12/13/2011 Item 16.C.12.
of 1977 that applies to a specific category of industrial users and
provides limitations on the introduction of pollutants into the
publicly owned treatment works. The term includes the prohibited
discharge standards under 40 CFR 403.5, including local limits
(40 CFR 403.3), as now or hereafter amended or superseded
from time to time.
32. "Natural Outlet" shall mean any outlet into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
33. "Noncompliance" shall mean any violation of any part of this
Ordinance, local limits, industrial wastewater discharge permit, or
National Categorical Pretreatment Standard.
34. "Oil Separator' shall mean a pretreatment device designed and
installed to separate petroleum based oil and grease from
wastewater.
35. "Owner" shall mean persons desiring or receiving service or any
individual or entity that holds any title to real estate regarding the
building or facility receiving wastewater service, including any
tenant by the entireties, any co- owner, any tenant in common,
etc.
36. "Person" shall mean any individual, firm, partnership, company,
government entity, association, society, corporation, or similar or
dissimilar group or entity.
37. "pH" shall mean the logarithm (base 10) of the reciprocal of the
weight of hydrogen ions in grams per liter of solution.
38. `Pollution" shall mean the man -made or man - induced alteration of
the chemical, physical, biological or radiological integrity of water.
39. "Pollutant" shall mean any dredged soil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munition, chemical
waste, biological material, radioactive material, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and/or industrial,
Packet Page -2024-
12/13/2011 Item 16.C.12.
municipal, agricultural or other waste discharged into any surface
water or ground water of the State of Florida.
40. "Pretreatment or Treatment" shall mean the reduction of the
amount of pollutant(s), the elimination of pollutant(s), or the
alteration of the nature of pollutant properties of a wastewater to a
less harmful degree prior to or in lieu of discharging or otherwise
introducing such pollutant(s) into a County Publicly Owned
Treatment Works.
41. "Pretreatment Requirements" shall mean any substantive or
procedural requirement related to pretreatment other than a
National Categorical Pretreatment Standard imposed on a non -
domestic wastewater discharger.
42. "Private Sewage Disposal System" shall mean any individual on-
site sewage treatment and disposal system such as septic tanks,
cesspools and similar facilities but not including package sewage
treatment plants.
43. "Publicly Owned Treatment Works ( POTWS)" shall mean a
treatment works that is owned by the District. This definition
includes sewers that convey wastewater to the treatment works,
but does not include pipes, sewers or other conveyances not
connected to a facility providing wastewater treatment.
44. "Public Sewer" shall mean a sewer that is owned by or is
controlled by a public authority. This does not include utilities
regulated by the Collier County Water/Wastewater Authority.
45. 'Public Utilities Administrator" shall mean the individual
designated by the Collier County Board of County Commissioners
or by the County Manager to supervise the operation of the
POTWS or that individual's duly authorized deputy, agent or
representative.
Packet Page -2025-
r
12/13/2011 Item 16.C.12.
46. "Sanitary Sewer" shall mean a sewer that carries sewage and to
which storm, surface waters and ground waters are not
intentionally admitted.
47. "Sewage" shall mean a combination of the water - carried wastes
from residences, business buildings, institutions and /or industrial
establishments, together with such ground waters and surface
and storm waters as may be present.
48. "Sewage Treatment Plant" shall mean all facilities that treat
and /or dispose of sewage.
49. "Sewage Works" shall mean all facilities collecting, pumping,
treating and disposing sewage.
50. "Sewer" shall mean a pipe or conduit for carrying sewage.
51. "Shall' and "Will' are mandatory as defined by the District.
52. "Significant Violation" shall mean a violation that remains
uncorrected for forty -five (45) days after notification of
noncompliance; or which is part of a pattern of noncompliance
over a twelve (12) month period; or which involves a failure to
accurately report noncompliance; or which results in the POTWS
exercising its emergency authority to immediately halt or
immediately eliminate a discharge.
53. "Slug" shall mean any discharge of water, sewage or industrial
waste in concentration of any given constituent or in quantity of
flow that may cause upset of the POTWS operation or exceeds
for any period of duration longer than fifteen (15) minutes or more
than five (5) times the average twenty -four (24) hour
concentration of flows during normal operation.
54. "State" shall mean the State of Florida, including any regulatory
agency within the Florida State government having jurisdiction
over a particular subject or topic of concern in the context of this
Ordinance.
Packet Page -2026-
12/13/2011 Item 16.C.12.
55. "Standard Industrial Classification" "(SIC)" shall mean a
classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, in 1972, as now or hereafter amended
or superseded from time to time.
56. "Storm Drain" (sometimes "storm sewer ") shall mean a sewer that
carries storm and surface waters and drainage, but excludes
sewage and industrial wastes other than unpolluted cooling water.
57. "Supplemental Service Charge" shall mean a monthly
supplemental service charge for additional services required to
monitor the wastes being discharged by users included in the
Pretreatment Program and the Fats, Oil and Grease Program.
58. "Total Suspended Solids" shall mean solids that either float on the
surface of, or are in suspension in water, sewage or other liquids,
and which are removed by laboratory filtering.
59. 'Toxic Pollutant' shall mean any pollutant or combination of
pollutants listed as a toxic pollutant in the toxin regulations listed
in the CWA Clean Water Act SECTION 307 promulgated by the
Administrator of the Environmental Protection Agency under the
provisions of the Clean Water Act, as now or hereafter amended
or superceded from time to time.
60. "User" shall mean any person who contributes, causes, permits
or suffers any contribution of wastewater into the County's
POTWS.
61. "Wastewater" shall mean a combination of the water - carried
wastes from residence, business building, institution, and/or
industrial establishment, together with such ground, surface and
storm waters as may be present.
62. "Wastewater Director" shall mean the individual designated by the
Public Utilities Administrator to supervise operations of the
POTWS.
Packet Page -2027-
a
12/13/2011 Item 16.C.12.
63. "Watercourse" shall mean a canal or channel in which a flow of
A. The following Rules and Regulations apply throughout the geographic
areas encompassing Collier County, including within municipalities, but
limited to wastewater dischargers that are then directly or indirectly
provided wastewater service by the District. To the extent, if any, that
this Ordinance conflicts with any then applicable building code, plumbing
code or other technical code, the most restrictive provision shall apply.
B. Discharge of Industrial Waste.
1. Any Owner discharging Industrial Wastes into the wastewater
collection system at the time of passage of this Ordinance shall
submit a discharge permit application on the required form not
Packet Page -2028-
water occurs, continuously or intermittently.
B. Abbreviations
1.
"ASTM"
American Society for Testing and Materials
2.
"BOD"
Biochemical Oxygen Demand
3.
"CBOD"
Carbonaceous Biological Oxygen Demand
4.
"CFR"
Code of Federal Regulations
5.
"COD"
Chemical Oxygen Demand
6.
"FDEP"
Florida Department of Environmental Protection
7.
"EPA"
U.S. Environmental Protection Agency
8.
"FOG"
Fats, Oil and Grease
9.
"mg/V
Milligram per liter
10.
"NPDES"
National Pollutant Discharge Elimination System
11.
"POTWS"
Publicly Owned Treatment Works
12.
"ppm"
Parts Per Million
13.
"SIC"
Standard Industrial Classification
14.
"TSS"
Total Suspended Solids
15.
"TKN"
Total Kjeldahl Nitrogen
16.
"WEF"
Water Environment Federation
SECTION
TWO: Scope
of Application of this Ordinance: Rules and
Regulations
A. The following Rules and Regulations apply throughout the geographic
areas encompassing Collier County, including within municipalities, but
limited to wastewater dischargers that are then directly or indirectly
provided wastewater service by the District. To the extent, if any, that
this Ordinance conflicts with any then applicable building code, plumbing
code or other technical code, the most restrictive provision shall apply.
B. Discharge of Industrial Waste.
1. Any Owner discharging Industrial Wastes into the wastewater
collection system at the time of passage of this Ordinance shall
submit a discharge permit application on the required form not
Packet Page -2028-
12/13/2011 Item 16.C.12.
later than six (6) months after the effective date of this Ordinance.
All industrial wastewater dischargers proposing to discharge into
the District's wastewater system must file with the District on
forms furnished by the District an additional application for
discharge permit, clearly indicating the volume, the strength and
the characteristics of waste discharged or to be discharged into
the Public Sewer. If determined necessary by the District,
analyses of the representative wastes must be made promptly by
an approved independent laboratory and be submitted promptly
with the application. Following initial approval, any change in the
use of the premises or change in production or operation thereof
which causes an alteration in the water use, waste volume,
strength or other characteristics relevant to the purposes of this
Ordinance, must require a promptly amended application to be
filed for approval by the District prior to implementing the
proposed alteration to the premises. All discharge permit and
amended discharge permit applications will require payment of a
fee. to be paid when the application is filed. All review costs, in
addition to the basic discharge permit fee, shall be borne by the
permit applicant and must be paid in full prior to issuance of any
discharge permit.
2. It shall be unlawful for any User of the District sewers to
discharge industrial wastes into the public sewers without having
obtained a discharge permit from the District. Applications for
such discharge permits shall be made to the District on forms
provided by the District. All information that the District deems
necessary to determine potential impacts to the POTWS shall be
provided by the applicant.
3. Discharge permits shall be issued to the applicants by the District
upon finding that the information set forth in the application will
conform to the provisions of this Ordinance, and that the A"%�
IWANO
Packet Page -2029-
0
12/13/2011 Item 16.C.12.
proposed use will be compatible with the capacity, process,
treatment and nutrient load of the District wastewater facilities.
Discharge permits shall be valid for a term of three (3) years from
the date of issuance unless surrendered to, or revoked by, the
District upon the determination that an industrial user is
exceeding the peak quality and volume of effluent set forth in the
original application and /or discharge permit conditions. In the
event an Industrial User proposes to make any change in the
peak quality and volume of effluent during the term of the permit,
resulting from increase in production and/or changes in the
production profile, beyond the scope of the discharge permit,
such User shall file with the District an amended application for a
permit authorizing such change. Such permit shall not be
reassigned or transferred to a new Owner, new User, or to
different premises without the approval of the District. Discharge
permits shall be renewed by completing the permit application
form and subsequent review of the application and historical
compliance records.
4. Applications must be signed by the Owner of the premises or his
duly authorized agent, and signed by the authorized
representative of the District showing payment to the District and
County of the applicable connection charges and impact fees
provided for prior to the initiation of the services.
5. All applicants for service, whether or not such service is to be
provided to property within the District area, expressly agree as a
condition of acceptance of service to abide by the rules and
regulations delineated herein.
6. All cost and expenses related to the installation and connection of
the building sewer shall be the responsibility of the Owner. The
Owner shall indemnify the District from any loss or damage that
Packet Page -2030-
12/13/2011 Item 16.C.12.
may directly or indirectly be occasioned by the installation of the
building sewer.
.
C. Discharge Quality Bond.
To further assure compliance with the requirements of this Ordinance, all
permitted Industrial Users, before receipt of the respective User's
discharge permit, must deposit with the District a "Discharge Quality
Bond" for the permit years. The Bond shall be payable to the County
and District and shall be conditioned upon the Industrial User's faithful
compliance with the provision of this Ordinance and all State and
Federal Regulations relating to water pollution control. Said bond shall
be further conditioned upon the Industrial User's prompt payment of all
charges assessed to the Industrial User by the District under this
Ordinance resulting from the Industrial User's failure to comply with any
of the provisions herein, and to the Industrial User fully indemnifying and
protecting the County and the District from any and all penalties,
damages and/or claims for penalties and damages (including attorney's
fees and costs for defending any and all such claims, including appeals)
arising or resulting from the Industrial User's failure to comply with any
provision of this Ordinance and/or the State and Federal Regulations
relating to water pollution control. The amount of the discharge quality
bond shall be set forth by Resolution of the Board of County
Commissioners. The bond shall be approved by the County Attorney as
a condition of issuance of any such discharge permit.
D. General Prohibitions.
1. No user shall discharge, cause to be discharged, or suffer the
discharge, of any storm water, surface water, groundwater, roof
run -off, subsurface drainage, uncontaminated cooling water
and/or unpolluted industrial process water(s) to the County
wastewater collection system.
2. No person shall enter, obstruct, uncover or tamper with any
portion of the County sewer system, or connect to same, or
Packet Page -2031-
a
12/13/2011 Item 16.C.12.
discharge any wastewater or any other substance directly or
indirectly into a manhole or other opening in the County sewerage
system except in strict compliance with all requirements
established in this (or incorporated by reference into Ordinance)
and through service sewers approved by the Wastewater
Director. The Wastewater Director may grant permission and
establish requirements and policies for such direct discharge. No
person shall remove or demolish any building or structure that
has any plumbing fixtures connected directly or indirectly to the
County sewer without first notifying the District of such intent. All
openings in or leading to the County sewer line or lines caused by
such work shall be sealed watertight and inspected by the District
before being backfilled.
3. No person shall fill, backfill over, cover or obstruct access to any
sewer manhole.
4. No person shall erect any improvement, structure or building over
County sewer lines without prior express written permission to do
so by the County's Wastewater Director.
5. Other discharge limitations established to prevent interferences
with the operation or performance of the POTWS are specified by
the following.
E. Specific Prohibitions.
1. No User shall contribute, cause or suffer, to be contributed,
directly or indirectly, any pollutant or wastewater which does or
which will interfere with the operation or performance of the
POTWS. These general prohibitions apply to all Users of a
POTWS whether or not the User is subject to the National
Categorical Pretreatment Standards or any other Federal, State,
or Local Pretreatment Standards or requirements. A User shall
not contribute any of the following substances to any POTWS:
Packet Page -2032-
12/13/2011 Item 16.C.12.
a. Any liquid, solid or gas which by reason of their nature or
quantity are, or may be, sufficient - alone or by interaction
with other substances - to cause fire or explosion or
otherwise be injurious in any other way to the PO1WS or
to the operation of the POlWS. At no time shall two (2)
successive readings on an explosion hazard meter at the
point of discharge into the system (or at any point in the
system) be more than five percent (5 %), nor shall any
single reading over ten percent (10 %) of the Lower
Explosive Limit (LEL) of the meter. Prohibited materials
include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ether, alcohol, ketone, aldehyde,
peroxide, chlorate, perchlorate, bromate, carbide, hydride,
sulfide and/or any other substance(s) which the County,
District, the State or the EPA has notified the User is a
hazard to the system.
b. Any solid or viscous substance(s) which may cause
obstruction to the flow in the sewer or otherwise cause
interference with the operation of any wastewater
treatment facility such as, but not limited to, grease, animal
gut(s) or tissue(s), paunch manure, bone(s), hair hide(s) or
fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw,
wood or metal shavings, grass clippings, rags, spent
grains, spent hops, used birth control and/or feminine
hygiene product(s), wastepaper, wood, plastic(s), gas, tar,
asphalt residue(s), residue(s) from refining or processing of
fuel, or lubricating oil, mud, or glass grinding or polishing
waste(s), and any garbage particles greater than one -half
inch (1/2 ") in any dimension must be shredded. Waste
human blood and blood products are prohibited in the
Packet Page -2033-
12/13/2011 Item 16.C.12.
sewer system and shall always be classified and managed
as infectious waste and should be treated by sterilization or
incineration. After sterilization, the liquid portion can be
safely poured off into a drain without violating this
Ordinance.
C. Any wastewater having any corrosive properties capable of
causing damage or hazard to any structure, equipment,
and /or personnel of the POTWS.
d. Any wastewater containing any toxic pollutant(s) in
sufficient quantity, either singularly or by interaction with
other pollutant(s), to injure or interfere with any wastewater
treatment process, constitute a hazard to humans and/or
animals, create a toxic effect in any receiving water(s) of
the POTWS, or exceed any limitation(s) set forth in the
National Categorical Pretreatment Standards. A toxic
pollutant shall include, but not be limited to, any pollutant
then identified as such pursuant to Section 307(a) of the
Clean Water Act of 1977, as now or hereafter amended or
superceded from time to time.
e. Any noxious or malodorous liquid(s), gas(es), or solid(s)
which either singularly or by interaction with other waste(s)
are sufficient to create a public nuisance or a hazard to life,
or are sufficient to prevent entry into any sewer for
maintenance and/or repair.
f. Any substance which may cause the POTWS effluent or
any other product of the POTWS such as residue(s),
sludge(s), or scum(s) to be unsuitable for reclamation
and/or re -use, or to interfere with the reclamation process.
In no instance shall a substance discharged to the POTWS
cause the POTWS to be in noncompliance with sludge use
and/or disposal criteria, guideline(s) or regulation(s) under
Packet Page -2034-
12/13/2011 Item 16.C.12.
Section 405 of the Clean Water Act of 1977 and 40 CFR
Part 503, as now or hereafter amended or superceded
from time to time; also any criteria, guideline(s), or
regulation(s) applicable to sludge use and /or disposal
pursuant to the Solid Waste Disposal Act, the Clean Air Act
of 1977, the Toxic Substances Control Act, or State of
Florida Criteria applicable to the sludge management
method being used.
g. Any substance that may cause the POTWS to violate its
State of Florida operating permit(s) and /or any receiving
water quality standard(s).
h. Any wastewater with objectionable color not removed in or
by the treatment process, such as, but not limited to, dye
waste(s) and/or vegetable tanning solution(s).
L Any wastewater having a temperature that will or does
inhibit biological activity in the POTWS resulting in
interference, and in no instance shall any wastewater have
a temperature at the introduction into the POTWS that
exceeds 402C (104 °F).
j. Any waste or waste containing any fat(s), wax, grease or
oil(s), whether emulsified or not, in excess of one hundred
(100) mg/L, or containing substances which may solidify or
become viscous at temperatures between thirty -two (32 °F)
and one hundred four (1042F) (04C and 40 °C).
k. Any pollutant(s), including oxygen demanding pollutant(s)
(BOD, etc.) released at a flow rate and/or pollutant'
concentration which a User knows, or has reason to know,
will cause interference in the POTWS. In no instance shall
a slug load have a flow rate or contain concentration or
qualities of pollutant(s) that exceed for any time period
longer than fifteen (15) minutes more than five times the ariW*
Packet Page -2035-
12/13/2011 Item 16.C.12.
average twenty-four (24) hours concentration, quantities,
or flow during normal operation.
I. Any wastewater containing any radioactive waste(s) or
isotope(s) of such half -life or concentration as may exceed
any limit(s) established under then applicable State and/or
Federal Regulations.
M. Any garbage that has not been properly shredded (see
Section 2, paragraph E, item b.) The installation and
operation of any garbage grinder equipment with a motor
of three - fourths horsepower (0.76 hp metric) or greater
shall be subject to the review and approval of the Public
Utilities Administrator or designee.
n. Any water(s) or waste(s) containing strong acid iron
pickling waste(s), or concentrated plating solution(s),
whether or not neutralized.
o. Any water(s) or waste(s) containing iron, chromium,
copper, zinc, and similar objectionable toxic substance(s)
and /or waste(s) exerting an excessive chlorine requirement
as defined by the District, to such degree that any such
material received in the composite sewage at the sewage
treatment works or facility exceeds any limit(s) established
by the Public Utilities Administrator for such materials.
P. Any water(s) or waste(s) containing phenol(s) or other
taste or odor - producing substance(s), in such
concentrations (exceeding any limit(s) established by the
Public Utilities Administrator) after treatment of the
composite sewage so as to meet all requirements of
Florida, Federal and/or other public agency (or agencies)
with jurisdiction over any such discharge(s) to percolation
ponds, reclaimed water system, or groundwater wells.
q. Material which exert or cause:
Packet Page -2036-
12/13/2011 Item 16.C.12.
L Concentration(s) of inert suspended solid(s) (such
as, but not limited to, sodium chloride and/or sodium
sulfate) differing from that typically found in
domestic wastewater.
ii. High BOD, chemical oxygen demand, or chlorine
requirement(s) in such quantities as to constitute a
higher loading than normal wastewater on the
sewage treatment workers.
iii. High volume of flow or concentration of waste(s)
constituting slugs.
r. Water(s) or waste(s) containing substance(s) which are not
amenable to treatment or to reduction by the sewage
treatment processes then employed, or are amenable to
treatment only to such degree that the sewage treatment
plant effluent cannot meet all requirements of other
agencies having jurisdiction over discharge to any
percolation ponds, reclaimed water system or groundwater
wells.
S. Any wastewater, which causes a hazard to human life or
creates any public or private nuisance.
t. Petroleum oil, non - biodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or
pass through.
U. Any trucked or hauled pollutants which result in the present
of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety
problems.
V. Sludges, screenings, or other residues from the
pretreatment of industrial wastes.
W. Medical wastes, except as specifically authorized by the
Division. AM*
Packet Page -2037-
12/13/2011 Item 16.C.12.
X. Detergents, surface - active agents, or other substances,
which may cause excessive foaming in the POTW.
- F. Local Limits.
1. All sewage service customers are prohibited at all times to
discharge the following above their indicated concentrations:
a. Cyanide 0.4 mg/L
b. Arsenic 0.4 mg /L
C. Cadmium 0.10 mg/L
d. Total Chromium 0.9 mg/L
e. Copper 0.1 mg/L
f. Lead 0.2 mg/L
g. Mercury 0.03 mg/L
h. Nickel 0.9 mg /L
L Silver 0.1 mg /L
j. Zinc 0.9 mg /L
k. Oil /Grease 100 mg /L
I. pH > 5.5 - < 11.0 pH Units
The concentration set forth above shall automatically be deemed
to be amended to comply with then applicable Florida and/or Federal
regulations because those regulations are hereby deeded to supersede
this Ordinance.
G. National Categorical Pretreatment Standards. Upon promulgation of the
National Categorical Pretreatment Standards for a particular industrial
subcategory, the Federal Standard, if more stringent than limitations
imposed under this Ordinance for sources in that subcategory, shall
immediately supersede any limitations imposed under this Ordinance.
The District (as a courtesy) shall try to notify all affected Users of the
applicable reporting requirements under 40 CFR, Section 403.12, as
now or hereafter amended or superceded from time to time.
Packet Page -2038-
a
12/13/2011 Item 16.C.12.
H. Slug Discharges.
1. Each User shall provide the District protection from slug
discharge of prohibited materials or other substance(s) regulated
by this Ordinance. Facilities to prevent slug discharge of
prohibited materials shall be provided and maintained at no cost
or expense to the County. Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the District for review, and shall be approved by the District
before any commencement of construction of the respective
facility. Expenses for such review shall be borne by the User and
shall be paid in full prior to final approval for the proposed
construction. All existing Users shall complete such a plan within
one (1) year of the issuance of the respective Discharge Permit.
No User who commences contribution to the POTWS after the
effective date of this Ordinance shall be permitted to introduce
pollutants into the system until slug discharge procedures have
been submitted for approval to, and have been approved by, the
District. Review and approval of such plans and operating
procedures shall not relieve the Industrial User from its
responsibility to modify the User's facility as necessary to meet
the requirements of this Ordinance.
I. Pretreatment Standards.
1. Users shall provide necessary wastewater treatment as required
to comply with this Ordinance and shall achieve and maintain
compliance with all National Categorical Pretreatment Standards
within the time limitations as specified by the Federal;
Pretreatment Regulations. Any facilities required to pre -treat
wastewater to a level acceptable to the District shall be designed,
constructed, operated, and maintained by the User at no expense
to the County and require prior approval from the District.
Packet Page -2039-
d
12/13/2011 Item 16.C.12.
2. All records relating to compliance with the referenced
Pretreatment Standards shall be in Collier County and shall
promptly and at no cost be made available for inspection and/or
copying by the County, the District, the State, and/or the EPA.
J. Alternative Discharge Limits. The User(s) may seek, at their expense,
modified Categorical Pretreatment Standards by obtaining a removal
allowance, using the combined waste stream formula, and /or obtaining a
fundamentally different factor variance through the procedures then
outlined in 40 CFR, Part 403, as now or hereafter amended or
superceded from time to time.
K. Excessive Discharge. No User shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the
limitations of the National Categorical Pretreatment Standards, or in any
other pollutant- specific limitation of the County, the District, or the State.
L. Pretreatment Facilities.
1. Approval of Pretreatment Facilities. If the District permits the
pretreatment or equalization of waste flows, the design and
installation of the plant(s) and/or equipment shall be subject to the
review and approval of the District, and be subject to all
requirements of all then applicable codes, ordinances, and/or
laws.
2. Maintenance of Pretreatment Facilities. Where preliminary
treatment or flow equalizing facilities are provided for any water(s)
or waste(s), they shall be maintained continuously in satisfactory .
and effective operation by Owner and at no expense to the
County.
M. Fats, Oils and Grease (FOG) Program.
1. Use of Interceptors and Grease Traps under the FOG Program.
All interceptors and Grease Traps shall be of a type and capacity
Packet Page -2040-
12/13/2011 Item 16.C.12.
approved by the District and shall be located as to be readily and
easily accessible for planning, cleaning and inspection. The
minimum size of interceptors and grease traps shall be in
conformance with the Florida Building Code; Sections 1003.1 —
1003.5. Wastewater with large amounts of grease shall not be
discharged into the wastewater system and all grease traps shall
be maintained in efficient operation at all times by the owner at no
expense to the County. The owner shall be responsible for proper
removal and/or disposal by appropriate means of captured
material, and shall maintain within Collier County written records,
the dates, amounts and means of disposal, all of which records
are subject to review by the County upon demand. Every
hospital, nursing home, jail, cafeteria, grocery store and
restaurant (and any other establishment where food is handled or
prepared for consumption or distribution) shall maintain all grease
traps located on the premises, and all oil separators shall be
maintained on a regular basis and must be functioning properly at
all times, including but not limited to vehicle maintenance centers
(recreational or otherwise), body shop, machine shop and /or any
storage and/or use of any petroleum base product(s). The owner
and/or operator of a premise or business upon prior notice and at
all reasonable times shall make each interceptor, grease trap or
oil separator on the property open and available for immediate
inspection by the County, and shall promptly provide the County
with copies of all receipts for grease removal. Upon completion of
an on -site inspection, the inspector may issue a written notice to
the facility representative to document any discrepancies,
noncompliances, enforcement actions, special instruction(s) or
other guidance identified during the compliance evaluation. Each
business shall pay a monthly Supplemental Service Charge as
established by Resolution of the Board of County Commissioners. AM R%,
Packet Page -2041-
n
12/13/2011 Item 16.C.12.
The use of any chemical(s) to dissolve grease is not permitted in
the wastewater collection system. If grease accumulates in any
wastewater collection line(s), the owner or operator shall be billed
for all direct and indirect costs and expenses of cleaning such
lines and for any other expenses incurred by the County with
regard thereto.
2. Fats, Oils and Grease Program. Wastewater containing cooking
oil should not be discharged into the wastewater system.
N. Use of Manholes. When required by the District, the Owner of any
property serviced by a building sewer carrying industrial wastes shall
install a suitable manhole built in accordance with the Collier County
Utility Technical Standards Manual together with such necessary meters
and other appurtenances in the building sewer to facilitate observation,
sampling, and measurement of all wastes. Such manhole, when
required by the District, shall be constructed in accordance with plans
approved by the District. The manhole shall be installed by the Owner at
no expense to the County. Each such manhole shall be maintained by
Owner so as to be safe and accessible at all times.
O. No person shall discharge or cause to be discharged to Collier County's
sewer system any water and/or waste which has been removed and
transported from any pit, sump, holding tank, septic tank, wastewater
treatment facility, industrial facility or any other facility unless expressly
authorized by the District in advance and in writing. Such water and/or
waste is referred in this Ordinance as "hauled waste" Under no
circumstances may hauled hazardous waste, as defined in 40 CFR 261
be discharged to any District facility. Hauled waste of commercial or
industrial origin or hauled waste of unusually high strength may be
discharged only if the original source of the waste has received
expressed prior written approval from the District.
P. Measurements, Tests and Analysis. All measurements, tests, and
analyses of the characteristics of waters and wastes to which references
Packet Page -2042-
12/13/2011 Item 16.C.12.
is made in this Ordinance shall be determined in accordance with the
then latest edition of "Standard Methods for the Examination of Water
and Wastewater", published by American Water Works Association, (or
its successor in function) and shall be determined at the manhole
provided, or upon suitable samples taken at said manholes, shall be
carried out by customarily accepted methods in Collier County to reflect
the effect of constituents upon sewage works and to determine the
existence of hazard(s) to life, limb, and/or property. The particular
analyses involved will determine whether a twenty -four (24) hour
composite of all outfalls of a site or premise is appropriate, or whether a
grab sample (or samples) should be taken. Normally, but not always,
BOD and total suspended solids analyses are obtained from twenty -four
(24) hour composites of all outfalls where pH samples are determined
from periodic grab samples.
Q. Special Arrangements.
1. Nothing in this Ordinance shall prevent any special agreement or
arrangement between the District and any industrial concern,
whereby an industrial waste (or wastes) of unusual strength
and/or character may be accepted by the District for treatment,
when, in the judgment of the District, acceptance of same by the
District will aid in treatment of such waste(s) by that industrial
concern.
2. Determination of Acceptability. In forming the opinion as to the
acceptability of the wastes, the District will consider such factors
as the quantities of subject wastes in relation to flows and
velocities in the sewers, materials of construction of the sewers,
nature of the sewage treatment plant, degree of treatability of
wastes in the sewage treatment plant, and other relevant factors.
R. State Requirements; Federal Requirements. State requirements and
limitations shall supersede this Ordinance if more restrictive than this
Ordinance, and if Federal requirement(s) supersede the State
Packet Page -2043-
12/13/2011 Item 16.C.12.
Requirement(s), the Federal requirement(s) shall control unless the
Federal requirement provides otherwise.
S. County's and District's Right of Revision. The County and District
reserve the right to establish by Ordinance more stringent limitations or
requirements on discharges to the wastewater disposal system if
deemed necessary to comply with the objectives of this Ordinance.
SECTION THREE: Reporting Requirements.
A. Baseline Report.
1. Within one hundred and eighty (180) days after the effective date
of a Categorical Pretreatment Standard, all Industrial Users
subject to National Categorical Pretreatment Standards shall
deliver to the District a written report containing not less than the
following information:
(a) The name and address of the facility including the name of
the operator and all Owners of five or greater percent of
the entity;
(b) A list of any environmental control permits held by (or for)
the facility;
(c) A brief (but complete) description of the nature, average
rate of production and Standard Industrial Classification of
the operations. This description must include a schematic
diagram of points of discharge to the POTWS from
regulated processes;
(d) The measured maximum single day flow, peak one (1)
hour flow, and the average daily flow from each process.
stream, in gallons per day;
(e) The Pretreatment Standards applicable to each regulated
process. The User shall deliver to the County the results
of sampling and analysis identifying the nature and
concentration of regulated pollutants in the discharge from
Packet Page -2044-
12/13/2011 Item 16.C.12.
each process. These samples shall be representative of
daily operations and include both maximum and average
daily concentration. Where feasible, samples must be
obtained through flow proportional composite sampling
techniques specified in the applicable Categorical
Pretreatment Standard. Where composite sampling is not
feasible, a grab sample may be accepted. Where stream
flow is less than or equal to two hundred and fifty thousand
(250,000) gallons per day, the user must take three (3)
samples within a (2) two -week period. Where stream flow
is greater than two hundred and fifty thousand (250,000)
gallons per day, the User must take six (6) samples within
a (2) two -week period. Samples should whenever possible
be taken immediately downstream from the regulated
process if no pretreatment exists. Sampling and analysis
shall be performed in accordance with the techniques then
prescribed in 40 CFR Part 136, or then existing
amendments thereto. Where 40 CFR Part 136 does not
contain sampling or analytical techniques for the pollutant
in question, or where the Public Utilities Administrator
determines that Part 136 sampling and analytical
techniques are inappropriate for the pollutant in question,
sampling and analysis shall be performed by using
validated analytical methods, as approved by the
Environmental Protection Agency Administrator. The
District may allow the submission of a baseline report,
which utilizes only historical data if that data provides
information is sufficient to determine the need for
pretreatment measures. The baseline report shall indicate
the time, date, and place of sampling and methods of
analysis, and shall certify that such sampling and analyses
Packet Page -2045-
0
12/13/2011 Item 16.C.12.
is representative of normal work cycles and expected
pollutant discharges to the POTWS; and
(f) A statement reviewed and signed by an authorized
representative of the Industrial User and certified by a
qualified professional engineer indicating whether National
Categorical Pretreatment Standards are being met on a
consistent basis and, if not, whether additional operation
and maintenance and/or additional pretreatment is
required to the industrial user to meet the National
Categorical Pretreatment Standards and associated
Pretreatment Requirements.
B. Compliance Schedule Reports.
1. The District shall require Industrial Users to develop compliance
schedules required to meet National Categorical Pretreatment
Standards. The proposed compliance schedule shall be
submitted to the District for review and approval. This schedule
shall be the time limits required for industrial users to provide
additional pretreatment and /or operation and maintenance in
order to meet these pretreatment standards. The completion date
of this schedule shall not be later than the compliance date
established for the applicable National Categorical Pretreatment
Standard.
2. The schedule shall contain increments of progress in the form of
specific dates for completion of major events leading to the
construction and operation of required pretreatment facilities
necessary for the Industrial User to meet the applicable National
Categorical Pretreatment Standards. No increment of such
schedule shall exceed nine (9) months. No later, than 14 days
following each date in the schedule and the final date for
compliance, the industrial User shall submit a progress report to
the District including whether or not it complied with the
Packet Page -2046-
12/13/2011 Item 16.C.12.
increments of progress to be met on such date and, if not, the
date on which it expects to comply with this increment of
progress, the reason for the delay and measures being taken to
return to the schedule established.
C. 90 -day Compliance Report.
1. An Industrial User then subject to the National Categorical
Pretreatment standards and associated Pretreatment
Requirements will submit to the District within ninety (90) days
following the date for final compliance with said Pretreatment
Standards and Requirements, or in the case of a new connector
following commencement of wastewater discharge to the
POTWS, a report indicating the nature and concentration, as well
as the maximum single day, peak one hour and average daily
flow, of all pollutants limited by said Pretreatment Standards and
associated Pretreatment Requirements being discharged to the
POTWS.
2. This report must indicate whether the applicable National
Categorical Pretreatment Standards and associated
Requirements are being met on a consistent basis, and if not,
what additional operation and maintenance procedures and/or
Pretreatment have been (or will be) implemented to bring the user
into compliance with the then applicable National Categorical
Pretreatment Standards and associated Pretreatment
Requirements. This statement must be signed by an authorized
representative of the industrial user and must be certified by a
qualified engineering professional.
D. Periodic Compliance Reports.
1. A User then subject to the National Categorical Pretreatment
Standards and associated Pretreatment Requirements must
submit to the District during the months of June and December,
unless required more frequently in said Pretreatment Standards
13^
Packet Page -2047-
a
12/13/2011 Item 16.C.12.
or by the District, a written report indicating the nature and
concentration of pollutants in the effluent that are limited by the
referenced Pretreatment Standards. In addition, this report must
include a record of the maximum single day and average daily
flows being discharged during the reporting period.
2. At the discretion of the District and in consideration of such
factors as local high or low flow rates, holiday, budget cycles, etc.,
the District may decide to alter the months during which the
compliance reports are to be submitted by the particular User.
These reports shall be signed by an authorized representative of
the Industrial User prior to submittal.
E. The District may impose quantum limitations on Users in order to meet
the applicable National Categorical Pretreatment Standards and
associated Pretreatment Requirements, or in other cases where the
imposition of quantum limitations are appropriate in the judgment of the
District. In each such case, the compliance report must indicate the
quantity of pollutants regulated by said Pretreatment Standards to be
discharged by the User. These reports must contain the results of
sampling and analyses of the discharge, and must include a record of
the flow, nature and concentration, or quantity in pounds where
requested by the District of pollutants contained therein which are limited
by the applicable Pretreatment Standards and associated Pretreatment
Requirements. The frequency of monitoring will be prescribed in the
referenced Pretreatment Standards. All analysis will be preformed in
accordance with the procedures established by the EPA Administrator
pursuant to Section 304(g) of the Clean Water Act of 1977 and;
contained in 40 CFR, Part 136 and then existing amendments thereto, or
with any other applicable and relevant test procedures approved by the
EPA Administrator. Sampling will be performed in accordance with the
techniques approved by the EPA Administrator. Where 40 CFR, Part
136 does not include a sampling or analytical technique for the pollutant
Packet Page -2048-
12/13/2011 Item 16.C.12.
in question, sampling and analyses will be performed in accordance with
the procedures set forth in the then current EPA publication entitled
"Sampling and Analysis Procedures for Screening of Industrial Effluents
for Priority Pollutants" dated April, 1977, and then existing amendments
thereto, or with any other sampling and analytical procedures then
approved by the EPA Administrator.
F. Notice of Potential Problems.
1. In the case of a slug discharge, the User must immediately
telephone and notify the POTWS of the details of the incident,
including the exact location of the discharge, type(s) of waste(s),
concentration(s) and volume(s), and corrective action(s). The
amount of information must be sufficient to enable the District to
be able to evaluate the severity of the incident.
2. Within five (5) working days following a slug discharge, the User
shall deliver to the District a detailed written report describing the
cause of the discharge and all measures taken (to be taken) by or
on behalf of the User to prevent any and all future occurrences.
Such notification shall not relieve the User of any expense, loss,
damage, or other liability which may be incurred as a result of
damage to the POTWS, fish kills or any other damage to person
and/or property; nor shall such notification relieve the User of any
fines, civil penalties and/or other liability, duty or responsibility
which may be imposed by this Ordinance and/or by any other
applicable rule, regulation and/or law.
3. A notice shall be permanently posted on the User's bulletin board
or other prominent place advising its employees who to call in the
event of a dangerous discharge. All employers shall ensure that
all of its respective employees who may cause or suffer such a
dangerous discharge to occur are aware of the emergency
notification procedure.
Packet Page -2049-
a
12/13/2011 Item 16.C.12.
G. Noncompliance Notification. User must notify the POTW within twenty -
four (24) hours of becoming aware of any violation of this Ordinance or
any potential problems, which may occur due to the user's discharge.
H. Periodic Compliance Report for Industrial Users not subject to National
Categorical Standards. User must provide the POTW with the most
current information on the User's discharge. This report will be
submitted twice a year on dates provided by the District.
1. Notification of Changed Discharge. User must notify the POTW of any
anticipated changes in wastewater characteristics and/or flow, which
may affect treatment.
J. Notification of Hazardous Wastes Discharge. Within 180 days after
commencement of a discharge, User must notify the POTW, the
USEPA, and the State of Florida of hazardous wastes per 40 CFR Part
261.
K. Notice of Upset. Within twenty -four (24) hours of becoming aware of an
upset condition, User must notify POTW of unintentional and temporary
noncompliance with categorical standards, and within five (5) working
days a written submission including the following information is required:
1. Description of discharge and cause of noncompliance.
2. Period of noncompliance. Include dates and times. If upset is not
corrected included anticipated. duration.
3. Measures take to reduce, eliminate and prevent recurrence of
noncompliance.
L. Notice of Bypass
1. User must notify the POTW of noncompliance and potential
problems, which may occur due to a bypass condition.
2. Notice must be received ten (10) days prior to the date of the
bypass.
3. If bypass is unplanned, oral notice must be received with 24
hours of User becoming aware of bypass. A written notification
must follow within five (5) days.
Packet Page -2050-
12/13/2011 Item 16.C.12.
SECTION FOUR: Monitoring and Inspections
A. Monitoring Facilities. The District shall require construction, operation
and maintenance, at no expense to the County, of monitoring facilities to
allow inspection of the building sewer and/or internal drainage systems,
and sampling and flow measurement of the waste being discharged to
the POTWS. Appropriate valves shall be included in design and
construction of such facilities to immediately and effectively halt
discharges under situations described by Section Two of this Ordinance.
The monitoring facility should normally be situated on the User's
premises, but when such a location would be impractical or cause undue
hardship to the User, the District may, if feasible, permit the monitoring
facility to be constructed in public right -of -way and be located so that it
would not be obstructed by landscaping or parked vehicles. Ample room
shall be provided in the area of such sampling manhole or facility to
allow accurate sampling and preparation of sampling for analyses. The
facility, sampling, and measuring equipment shall be maintained at all
times in a safe and proper operating condition at no expense to the
County. Whether constructed on public or private property, the sampling
and monitoring facility shall be constructed in accordance with the
District's requirements and all applicable local construction standards
and/or specifications.
B. Inspection and Sampling. The District shall inspect the facilities of any
User to ascertain whether the purpose of this Ordinance is being met
and that all requirements are being complied with. Persons or
occupants of the premises where wastewater is being generated and/or
discharged to the POTWS shall allow the representative of the District,
the State, or the EPA, immediate, free and ready access at all
reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination and/or records duplication, or
otherwise in the performance of any of their duties. The County
(District), the State, and the EPA shall have the right to set up on the
Packet Page -2051-
H
12/13/2011 Item 16.C.12.
User's property such devices as are necessary to conduct sampling,
inspection, compliance monitoring and/or metering operations. In
instances where a User has security measures in force which would
require proper identification and clearance before entry into the
premises, the User shall make necessary arrangements with their
security guards so that upon presentation of suitable identification,
personnel from Collier County /District, the State, and/or the EPA shall be
permitted to enter, freely and without delay, for the purposes of
performing their work.
C. Powers and Authority of Inspectors.
1. Duly authorized employees of the County/District bearing proper
credentials and identification shall be admitted to all properties for
the purpose of inspection, observation, measurement, sampling
and testing pertinent to discharge to the sewer system in
accordance with this Ordinance.
2. While performing work on private properties referred to herein,
the authorized employees of the District shall observe all safety
rules applicable to the premises as established by the Owner.
3. Duly authorized employees of the District bearing proper
credentials and identification shall be permitted to freely and
immediately enter all private properties through which the District
holds an easement for the purpose of, but not limited to,
inspections, observation, measurement, sampling, repair and/or
maintenance of any portion of the wastewater facilities lying within
said easement, shall be done in full accordance with the terms of
the duly negotiated easement pertaining to the private property'
involved.
4. Duly authorized employees of the County/District shall provide
notice to any violator(s) that the violator has committed a violation
of this Ordinance (including rules and regulations incorporated
herein by reference) and shall establish a reasonable time period
Packet Page -2052-
12/13/2011 Item 16.C.12.
within which the violator must correct violation(s) that are curable
or correctable. Such time period shall generally be no more than
thirty (30) days. If, upon personal investigation, an inspector finds
that the violator has not corrected the violation within the case
specific specified time period for compliance, an inspector may
issue a citation to the violator. An inspector does not have to
provide the violator with a reasonable time period to correct the
violation if the inspector has reason to believe that the violation
presents a serious threat to the public health, safety, and/or
welfare, or if the violation is irreparable or irreversible.
SECTION FIVE: Violation and Penalties
A. Violations. Notice of Violation, Consent Orders, Show Cause Hearing
(a) When the District finds that a user has violated, or continues to
violate, any provision of this Ordinance, or order hereunder, or
any pretreatment standard or other requirement
( "Noncompliance "), the District may serve upon that User a
written Notice of Violation in person, or by facsimile, by certified
mail or by any lawful means of service. Within ten (10) work
days of receipt of this notice, the User shall deliver to the District
a written detailed plan for satisfactory correction of all noticed
violations and for prevention of further recurrences thereof.
Submission of this plan in no way relieves the User of liability for
any violations occurring before or after receipt of the Notice of
Violation. Nothing in this Section shall limit the authority of the
District to take action, including emergency actions or any other
enforcement action, without first issuing a Notice of Violation.
(b) The District may enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an
agreement with any User responsible for noncompliance. Such
documents must include specific action to be taken by the User
Packet Page -2053-
H
12/13/2011 Item 16.C.12.
to correct the noncompliance within a time period specified by
the document. Such documents shall be judicially enforceable.
(c) The District may order a User who has received a notice of
violation to appear before the District and show cause why the
proposed enforcement action should not be taken. Notice shall
be served on the User specifying the time and place for the
meeting, the proposed enforcement action, the reasons for such
action, and a request that the User show cause why the
proposed enforcement action should not be taken. The notice of
the meeting shall be served personally or by registered or
certified mail (return receipt requested) at least twenty (20) work
days prior to the hearing. Such notice may be served on any
authorized representative of the User. A show cause hearing
shall not be a bar against, or prerequisite to, taking any other
action against the User.
1. Should any violation of any condition of this Ordinance occur,
User will be subject to the penalties described in subparagraph B
of this Section.
2. Upset
(a) An upset does not constitute noncompliance to the extent
caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
(b) An upset shall provide an affirmative defense to
noncompliance provided that proper notification and
documentation are demonstrated. User must demonstrate
that the facility was being properly maintained and
operated at the time of upset.
3. Temporary Bypass
(a) User may allow any Temporary Bypass that does not
violate pretreatment standards.
Packet Page -2054-
12/13/2011 Item 16.C.12.
(b) Temporary Bypass which violates pretreatment standards
is prohibited unless it was necessary to prevent loss of life,
personal injury, or severe property damage.
(c) User must provide the District prompt written notification of
justification for any such Temporary Bypass within twenty
four (24) hours of occurrence.
B. Penalties.
1. When the District determines that a User(s) is contributing to the
POTWS, any of the prohibited discharges in such amount(s),
which do (or which threaten to) interfere with the operation of the
POTWS, or may present an endangerment to the environment,
the District has authority to immediately halt or immediately
prevent any such discharge(s) to the POTWS. The District shall
provide the User notice of this action in accordance with Section
5, paragraph F of this Ordinance.
2. Subsequent to such notice, the District may allow the User up to
thirty (30) days to deliver a response, which response must
include the cause of the discharge and all corrective measures
taken or to be taken. Wastewater service shall not be resumed
until all such corrective measure(s) as needed have been
undertaken to eliminate all threats of interference and /or
endangerment to the environment.
3. Following this specified response period in the specific instance,
the District, as it determines necessary, shall begin development
of effluent limitation(s) and a compliance schedule for such User
to correct all interference(s) with the POTWS.
4. Any person who fails or refuses to obey or comply with or violates
any provision of this Ordinance may be prosecuted in the same
manner as misdemeanors are prosecuted. Such person upon
conviction of such offense shall be punished by a fine (as
specified herein) for each violation, or by imprisonment not to ,,,■
Packet Page -2055-
12/13/2011 Item 16.C.12.
exceed sixty (60) days in the County jail, or both, in the discretion
of the Court. Pursuant to the authority of Chapter 162.09, Florida
Statutes, the fine is not to exceed one thousand dollars ($1,000)
per day per violation for a first violation, five thousand dollars
($5,000) per day for a repeat violation. In determining the amount
of the fine, if any, the trier of fact may consider the gravity of the
violation, any actions taken by the violator to correct the violation,
and any previous violations committed by that violator. Each
violation or non - compliance shall be considered a separate and
distinct offense. Further, each day of continued violation or non-
compliance may be considered as a separate offense. All
expenses incurred by the County in regulating the incident, will be
paid by the offending User(s).
5. Nothing herein contained shall prevent or restrict the County or
District from taking such other lawful action in any court of
competent jurisdiction as is necessary to prevent or remedy any
violation or non - compliance. Such other lawful actions shall
include, but shall not be limited to, an equitable action for
injunctive relief or an action at law for damages.
6. Further, nothing in this Ordinance shall be construed to prohibit
the County from prosecuting any violation of this Ordinance by
means of a Code Enforcement Board established pursuant to the
authority of Chapter 162, Florida Statutes. Furthermore,
enforcement in Court shall not prevent referral of the violation to
any Code Enforcement Board. In addition, if the violator is within
the jurisdiction of the Collier County Water/Wastewater Authority,'
the matter may also be referred for enforcement to that Authority.
If the violator is a tenant, licensee or use permittee of the Collier
County Airport Authority, such violation shall also be a violation of
the respective lease, license or use agreement.
Packet Page -2056-
12/13/2011 Item 16.C.12.
7. All remedies and penalties provided for in this Section shall be
cumulative and independently available to the County and
District, and the County and District shall be authorized to pursue
any and all remedies set forth in this Section to the full extent
allowed by law.
B. All aspects of Sections 1 -6 of the Collier County Code of Laws
and Ordinance also apply to this Ordinance.
C. Authority to Disconnect Service.
The District may terminate water and wastewater disposal services and
disconnect a User from the system when:
1. Acid(s) or chemical(s) damaging to the sewer lines or the
treatment process are released into the sewer causing rapid or
greater then normal deterioration of these structures, or
interfering with proper conveyance and/or treatment of
wastewater; or
2. A governmental agency informs the District that the effluent from
m. M
the wastewater treatment plant is no longer of a quality permitted
for discharge into a percolation pond, reclaimed water system or
groundwater well, or it is found that the User is delivering
wastewater to the District's system that cannot be sufficiently
treated or requires treatment that is not provided by the District as
normal domestic treatment; or
3. The User discharges industrial waste or wastewater that is in
violation of the permit issued by the District; or
4. The User discharges wastewater at an uncontrollable, variable
rate, in sufficient quantity to cause an imbalance in the
wastewater treatment systems; or
5. The User fails to pay a monthly bill for water or sanitary sewer
services when due, or
6. The User repeats a discharge of prohibited waste(s) into public
sewer.
a
Packet Page -2057-
12/13/2011 Item 16.C.12.
C. Reasonable Service Conditions.
1. The District reserves the right to refuse to provide, or to cease
providing, water and /or wastewater services to any connector for
any good reason(s) which shall include, but not be limited to, use
of water or contribution of wastewater in such manner or form as
to be injurious or detrimental to the general welfare of the system,
its customers, or the community. The District may require that
pretreatment flow regulations or other remedial, preventive, or
corrective facilities be installed (at no expense to the County)
when the situation warrants provision and use of such facilities.
2. The District is authorized to immediately halt and/or immediately
eliminate upon notice to the User in accord with Section 5,
paragraph E of this Ordinance, any actual or threatened
discharge of pollutants to the POTWS, which does present (or
may present) an imminent or substantial endangerment to the
health or welfare of any person or any animal.
D. Suspension of Services.
1. The District may suspend the wastewater treatment service
and /or effluent permit when such suspension is deemed to be
necessary, in the opinion of the District, in order to stop an actual
or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of
persons, to the environment, causes interference to the POTWS
or causes the District to violate any condition of its FDEP Permit.
2. Any person notified of a suspension of the wastewater treatment
service and /or the effluent permit shall immediately stop or'
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the District shall
take such steps as by the District are deemed to be necessary,
including initiation of legal action by the County Attorney and
immediate severance of the sewer connection, to prevent or
Al
Packet Page -2058-
0
12/13/2011 Item 16.C.12.
minimize damage to the POTWS system or endangerment to any
individuals. Absent other compelling reason(s) not to do so, the
District shall reinstate the effluent permit and /or the wastewater
treatment service upon proof of the elimination of the non-
complying discharge. A detailed written statement submitted by
the User describing the cause(s) of the harmful contribution and
the measures taken to prevent future occurrence shall be
submitted to the District within fifteen (15) calendar days of the
date.of occurrence.
E. Revocation of Permit.
1. Any User who violates any of the following conditions of this
Ordinance or applicable State and Federal regulations, is subject
to having its permit revoked in accordance with the following
procedures:
2. Failure of a User to report factually the wastewater constituents
and characteristics of his discharge.
(a) Failure of the User to report significant changes in
operations, or wastewater constituents and characteristics.
(b) Refusal of reasonable access to the user's premises for
the purpose of inspection or monitoring.
(c) Violation of conditions of the permit.
F. Notice of Disconnection, Suspension, Revocation. The District shall
attempt to notify User in writing prior to disconnecting, spending or
revoking User's service or permit. Said notice should inform User of the
sections of this Ordinance being violated, state what corrective action
must be taken, and state the time period necessary for said corrective `
action. Failure to comply with the notice may result in disconnection,
suspending or revoking User's service or permit. However, in
emergency situations the District may disconnect, suspend or revoke
User's service or permit prior to notification. User will, whenever
eo
Packet Page -2059-
I
12/13/2011 Item 16.C.12.
possible, be notified as soon as is reasonably possible after said action
is taken.
SECTION SIX: Confidentiality, Public Records Law.
A. Confidential Information.
1. Information and data on a User obtained from reports,
questionnaires, permit applications, permits and monitoring
programs and inspections shall be available to the public or other
governmental agency without restriction unless the user
specifically requests confidentiality and demonstrates to the
satisfaction of the County Attorney that the requested
confidentiality is lawful applying the public records laws of the
State of Florida, which are as of the effective date of this
Ordinance is Chapter 119, Florida Statutes.
2. When requested by the User furnishing a report, portions of said
report, if any, which might disclose trade secrets or secret
processes shall not be made available for inspection by the
public, but shall be made available upon written request to the
government agencies for uses related to this Section, the State
disposal permitting system and/or the State and Federal
pretreatment programs provided, however, that such portions of a
report shall be available for use by the State or other State
agencies in judicial review or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and
characteristics will not be recognized as confidential information.
B. Notwithstanding any of the provisions of this Section, nothing shall be
construed to imply that the County can or will violate any public records;
laws or any United States Government or Federal Act or Law, requiring
disclosure of public records or otherwise. Any release of information or
disclosure made by the County (including the District) in compliance with
any such law(s) renders the County immune from any cause or claims
based on any release of any such information.
Packet Page -2060-
12/13/2011 Item 16.C.12.
SECTION SEVEN: Service Charge and Fees
A. The Board of County Commissioners as Ex- officio Board of the Collier
County Water -Sewer District hereby adopts the Rates, Fees, and
Charges as set forth in Schedule 1; inclusive, appended hereto as
Appendix A, which shall be imposed upon all Users of the Collier County
Water -Sewer District services within the District boundaries and outside
the District boundaries subject to appropriate mutual agreements.
These rates, fees, and charges may be changed from time to time by
Resolutions of the Board of County Commissioners as Ex- officio Board
of the Collier County Water -Sewer District, provided the Board holds an
advertised public hearing with regard to the Schedule amendments. The
hearing may be placed on the Board's Summary Agenda and remain
there for final action of the Board if no one removes the matter from that
part of the agenda.
B. Charges and Fees.
1. The District may adopt charges and fees which may include but
are not limited to:
(a) Fees for reimbursement of costs of setting up and
operating the District's pretreatment program;
(b) Fee for monitoring, inspection and surveillance
Packet Page -2061-
procedures;
(c)
Fee for reviewing accidental discharge procedures and
construction;
(d)
Fees for permit applications;
(e)
Fees for filing appeals;
(f)
Fees for consistent removal (by the District) of pollutants
otherwise subject to Federal Pretreatment Standards;
(g)
Amount of effluent bond;
(h)
Fees for special arrangements; and
(i)
Other fees as the District may deem necessary to carry out
the requirements contained herein.
Packet Page -2061-
12/13/2011 Item 16.C.12.
2. Wastewater system Users determined by the County to be included in
the "FOG" (Fats, Oil and Grease) Program shall pay a monthly
Supplemental Service Charge to be established by Resolution of the
Board of County Commissioners. These charges are to pay for
additional services required to monitor wastes being discharged by such
Users. This charge shall be separate and distinct from the excess
strength sewage service charge. This Supplemental Service Charge will
be levied to cover costs for:
(a) Monitoring, inspections and surveillance procedures;
(b) Collection and analyses of wastewater samples;
(c) Collection and evaluation of monitoring data;
(d) Equipment servicing by an independent service company;
and
(e) Other requirements deemed necessary to implement the
pretreatment program as delineated in this Ordinance.
These fees are related solely to the matters covered by this Ordinance and are
separate from all other fees chargeable by the District.
SECTION EIGHT: Liberal Construction: Declaration of Exclusions from
the Administrative Procedures Act.
The provisions of this Ordinance shall be liberally construed to effectively
carry out its purpose in the interest of public health, safety, welfare and
convenience. No part of any administrative procedures law(s), rules and/or
regulations applies to this Ordinance. The laws, rules and regulations that will
apply will be those of the forum to which the matter is referred for enforcement.
SECTION NINE- Conflict and Severability.
The provisions of this Article shall be liberally construed to effectively carry
out its purpose in the interest of public health, safety, welfare and/or
convenience. If any section, phrase, sentence or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed separate, distinct, and independent
Packet Page -2062-
12/13/2011 Item 16.C.12.
provision, and such holding shall not affect the validity of the remaining portions
thereof.
SECTION TEN — Inclusion In the Code of Laws and Ordinances.
The provisions of this Article shall become and be made a part of the
Code of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section ", "article ", or any other appropriate
word.
SECTION ELEVEN - Effective Date.
This Ordinance shall become effective upon being filed with the
Department of State, but the revised rates shall not go into effect until the 1st
day of June, 2003.
PASSED AND DULY adopted by the Board of County Commissioners as Ex-
officio Board of the Collier County Water -Sewer District this _day
of , 2003.
ATTESTED
CLERK
_., • c � :any ®��..
fleputV , rlC
= �test,si, to Chairman's
sfpnititre, Rnly.
'D^' .C.. J ..
••IIJII:+..
Approved as to form and
legal sufficiency:
Thom s . Palmer,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS. OF.......
COLLIER COUNTY, FLORIDA AS
EX- OFFICIO PID ARD gy THE CQLLIER
COUNTY ER -S R DISTRICT
TOM HENNING, Chairman '-
4-22-0-3
This ordinance filed with the
Secretory of S te's Office the
2 day of , I - &g
and acknowledgement f that
fill received the its � day
Of
,
ow,er c
Packet Page -2063-
12/13/2011 Item 16.C.12.
COLLIER COUNTY WATER -SEWER DISTRICT
UNIFORM REGULATIONS FOR DIRECT
APPENDIX A — SCHEDULE 1
The Sewer Surcharge is a mechanism to recover costs incurred when
treating high strength wastes discharged by some industrial and commercial
users to the wastewater system. These additional funds are needed to cover
the cost of operations and maintenance at the Publicly Owned Treatment
Works (POTW) and laboratory.
A. Rates For Excess Strength Wastewater
A customer discharging excess strength wastewater into the
County's wastewater system shall be assessed a laboratory
charge based on the cost of collecting and analyzing samples
used to determine the strength and characteristics of the waste.
Where automatic sampling equipment is required by the County
or requested by the customer and such equipment is owned
and/or maintained by the County, a monthly sampling charge
shall be assessed based on the cost to the County of operation
and maintenance of the equipment plus depreciation. The
customer must be responsible for security of the automatic
sampler.
A customer discharging excess strength waste into the
wastewater system shall be assessed normal strength
wastewater charges in addition to excess strength charges
calculated according to the following formula:
Excess Strength Fee ($) =[Y/X —1 ] x [Z] x [0.5 x A]
Y = Measured concentration of wastewater constituent.
X = Concentration of constituent in normal strength wastewater.
Z = Thousands of gallons of excess strength wastewater discharged into the
County's wastewater system.
A = Normal strength wastewater rate per thousand gallons.
Excess strength charges shall be applicable only to the following
conventional constituents: COD, Total Suspended Solids and Total K]eldahl
Nitrogen. When COD is indicative of the excess wastewater strength, it shall be
the preferred measurement parameter. Where the wastewater contains no
more than one excess strength constituent, the charge shall be based on the
constituent, which results in the greatest charge.
Packet Page -2064-
12/13/2011 Item 16.C.12.
WASTEWATER PRETREATMENT PROGRAM
APPENDIX B — SCHEDULE OF FEES, RATES AND CHARGES
ITEM
CHARGE
Industrial User Permit Application Fee (based on 7 -man hours
per permit)
$ 155.00
Industrial User Amended Permit Application Fee (based on 5
man hours per permit
$ 110.00
Industrial User Permit Fee Discharge in gallons per day 0-
24,999
$ 300.00
Industrial User Permit Fee Discharge in gallons per day 25,000-
49,999
$ 450.00
Industrial User Permit Fee Discharge in gallons per day 50,000-
99,999
$ 600.00
Industrial User Permit Fee Discharge in gallons per day greater
than or equal to 100,000 per day
$ 750.00
Review of accidental discharge procedures and construction
(based on 3 man -hours per review)
$ 65.00
*Monthly Supplemental Service Charge (FOG) Program
Establishments
$ 12.00
* *Total Suspended Solids Analysis SS
$ 15.00
** Total K'eldahl Nitrogen (TKN)
$ 15.00
"Chemical Oxygen Demand Analysis COD
$ 15.00
Industrial User Inspection
$ 75.00
Automatic Sampler Usage Fee Per Day
$ 40.00
*Monthly Supplemental Service Charge For Establishments that fall under the
Fats, Oil and Grease Program (FOG). Charges are based on two inspections
annually, sampling and analysis of COD and TSS and report preparation.
** The cost of any laboratory analysis expenses incurred by the Collier County
Wastewater Department for purposes of an individual user with the Sewer Use
Ordinance shall be charged to the user, who shall reimburse the County
promptly upon receipt of said charge. This charge is subject to increase or
decrease according to the prevailing average cost per test.
Packet Page -2065-
12/13/2011 Item 16.C.12.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2003 -18
Which was adopted by the Board of County Commissioners on
the 22nd day of April, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board _it,
r- M.
County Commissioners of Collier County, Florida, this 233a-`",�V-zdat
of April, 2003.
r*t
co
rn —
-,,7 r
D W
.v.rr? N
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio-t-o Board of
County* thyiw°i. Qners
v f r. `;�.:
By: `'4t,rk. cia`�,L. Morgan,
Cleril .
Packet Page -2066-
12/13/2011 Item 16.C.12.
EPA MODEL
PRETREATMENT ORDINANCE
w
O C7
Z Q
O�
Office of Wastewater Management/
Permits Division
January 2007
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460
EPA 833 -13-06 -002
Packet Page -2067-
12/13/2011 Item 16.C.12.
Ordinance Key
Required Pretreatment Streamlining Rule changes are designated as a Required Streamlining Rule
Change in 10 point font bold italics.
[Informational notes are in brackets in 10 point bold font]
Optional requirements (not- required by 40 CFR Part 403) are labeled: " {optional)" in 10 point bold font.
Packet Page -2068-
12/13/2011 Item 16.C.12.
1 EPA MODEL PRETREATMENT ORDINANCE
2
3 INTRODUCTION
4
5 The United States Environmental Protection Agency (EPA), Office of Wastewater
6 Management, Water Permits Division has prepared this Model Pretreatment Ordinance. It is for
7 use by municipalities operating Publicly Owned Treatment Works (POTWs) that are required to
8 develop pretreatment programs to regulate industrial discharges to their systems. The model
9 ordinance should also be useful for communities with POTWs that are not required to implement
10 a pretreatment program in drafting local ordinances to control nondomestic dischargers within
11 their jurisdictions.
12
13 A municipality should not adopt the model ordinance verbatim. Instead, the model
14 ordinance should be used as a guide for adopting new or revised provisions of local law to
15 implement and enforce a pretreatment program that fulfills requirements set out in the Code of
16 Federal Regulations (CFR). The municipality must consider conditions at its POTW and consult
17 State law to determine what adjustments might need to be made to the model ordinance and what
18 provisions are authorized under State law. Many provisions in the model ordinance contain
19 blanks or brackets; these indicate that the provision must be adapted to the POTW's
20 circumstances. Also, bracketed notes in bold, 10 point print are provided for certain provisions,
21 explaining issues the municipality must consider when crafting local provisions. To remove the
22 line numbering go to File > Page Setup > Layout. Under Preview and Apply to: select Whole
23 document order. Then click on Line Numbers and deselect Add line numbering.
24
25 Some provisions in the model ordinance are not strictly required by the General
26 Pretreatment Regulations (40 CFR Part 403); however, they have been included because they
27 may be useful in ensuring that the municipality has adequate legal authority to effectively
28 implement its local pretreatment program. In addition, the model ordinance includes additional,
29 other provisions that, while included in the "Pretreatment Streamlining Rule (October 14, 2005,
30 70 FR 60134) are not required elements of a local pretreatment program. These provisions are
31 designated as optional, and are indicated as such in the ordinance by " {optional} ". Furthermore,
32 POTWs considering adopting the non - required provisions of the Pretreatment Streamlining Rule
33 should verify with their Approval Authority to determine whether these optional items are
34 available for implementation. Where a municipality either must adopt a provision similar to the
35 one in the model ordinance or develop its own means of accomplishing that section's objective,
36 the section is preceded by a bracketed note explaining the municipality's options. Other
37 provisions, such as the model ordinance's statement of purpose and effective date, are necessary
38 only to the extent that they are typical of any local ordinance.
39
40 POTWs should be aware that any change to their pretreatment ordinance is considered a
41 modification to their approved pretreatment program. All modifications to a POTW's approved
42 pretreatment program must be submitted to the Approval Authority in accordance with 40 CFR
43 403.18. It is EPA's expectation that States will review POTW ordinances to ensure that the
44 ordinances are consistent with State law. POTWs should request this review from their States.
45
d
Packet Page -2069-
46
47
48
49
50
51
12/13/2011 Item 16.C.12.
EPA Regions and representatives of various States and municipalities provided valuable
comments in helping to prepare this document.
This EPA Model Pretreatment Ordinance also is available on EPA's Web site at
htt,o: / /www.epa.gov /npdes /pretreatment in Adobe PDF77 format.
Packet Page -2070-
12/13/2011 Item 16.C.12.
Packet Page -2071-
EPA Model Pretreatment Ordinance
52
TABLE OF CONTENTS
53
+
54
Page
55
SECTION
1— GENERAL PROVISIONS
1
56
1.1
Purpose and Policy
1
57
1.2
Administration
2
58
1.3
Abbreviations
2
59
1.4
Definitions
2
60
SECTION
2-- GENERAL SEWER USE REQUIREMENTS
9
61
2.1
Prohibited Discharge Standards
9
62
2.2
National Categorical Pretreatment Standards
11
63
2.3
State Pretreatment Standards
14
64
2.4
Local Limits
14
65
2.5
[City's] Right of Revision
16
66
2.6
Dilution
16
67
SECTION
3— PRETREATMENT OF WASTEWATER
16
68
3.1
Pretreatment Facilities
16
69
3.2
Additional Pretreatment Measures
16
70
3.3
Accidental Discharge /Slug Discharge Control Plans
17
71
3.4
Hauled Wastewater
17
72
SECTION
4— INDIVIDUAL WASTEWATER DISCHARGE PERMITS [and GENERAL
73
PERMITS
{optional }]
18
74
4.1
Wastewater Analysis
18
75
4.2
Individual Wastewater Discharge Permit [and General Permit {optional}]
76
Requirement
18
77
4.3
Individual Wastewater Discharge [and General {optional}] Permitting: Existing
78
Connections
19
79
4.4
Individual Wastewater Discharge [and General {optional}] Permitting: New
80
Connections
19
81
4.5
Individual Wastewater Discharge [and General {optional}] Permit Application
82
Contents
19
83
4.6
Wastewater Discharge Permitting: General Permits
21
84
4.7
Application Signatories and Certifications
22
85
4.8
Individual Wastewater Discharge [and General {optional}] Permit Decisions
22
86
SECTION
5— INDIVIDUAL WASTEWATER DISCHARGE [AND GENERAL {optional }]
87
PERMIT ISSUANCE
23
88
5.1
Individual Wastewater Discharge [and General {optional}] Permit Duration
23
89
5.2
Individual Wastewater Discharge Permit [and General Permit {optional)] Contents
23
90
5.3
Permit Issuance Process {optional)
25
91
5.4
Permit Modification
25
92
5.5
Individual Wastewater Discharge Permit [and General Permit {optional}] Transfer
27
Packet Page -2071-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
93
5.6
Individual Wastewater Discharge Permit [and General Permit loptionall]
94
Revocation
27
95
5.7
Individual Wastewater Discharge Permit [and General Permit loptionall]
96
Reissuance
28
97
5.8
Regulation of Waste Received from Other Jurisdictions
28
98
SECTION 6- REPORTING REQUIREMENTS
30
99
6.1
Baseline Monitoring Reports
30
100
6.2
Compliance Schedule Progress Reports
31
101
6.3
Reports on Compliance with Categorical Pretreatment Standard Deadline
32
102
6.4
Periodic Compliance Reports
32
103
6.5
Reports of Changed Conditions
35
104
6.6
Reports of Potential Problems
35
105
6.7
Reports from Unpermitted Users
36
106
6.8
Notice of Violation/Repeat Sampling and Reporting
36
107
6.9
Notification of the Discharge of Hazardous Waste
36
108
6.10
Analytical Requirements
37
109
6.11
Sample Collection
37
110
6.12
Date of Receipt of Reports
38
111
6.13
Recordkeeping
38
112
6.14
Certification Statements
39
113
SECTION 7- COMPLIANCE MONITORING
41
114
7.1
Right of Entry: Inspection and Sampling
41
15
SECTION 8- CONFIDENTIAL INFORMATION
42
116
SECTION 9- PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
42
117
SECTION
10- ADMINISTRATIVE ENFORCEMENT REMEDIES
43
118
10.1
Notification of Violation
44
119
10.2
Consent Orders
44
120
10.3
Show Cause Hearing
44
121
10.4
Compliance Orders
44
122
10.5
Cease and Desist Orders
45
123
10.6
Administrative Fines
45
124
10.7
Emergency Suspensions
46
125
10.8
Termination of Discharge
46
126
SECTION
11- JUDICIAL ENFORCEMENT REMEDIES
47
127
11.1
Injunctive Relief
47
128
11.2
Civil Penalties
47
129
11.3
Criminal Prosecution
48
130
11.4
Remedies Nonexclusive
48
131
SECTION
12- SUPPLEMENTAL ENFORCEMENT ACTION
49
132
12.1
Penalties for Late Reports {Optional}
49
Packet Page -2072-
12/13/2011 Item 16.C.12.
148 SECTION 16— EFFECTIVE DATE 54
149
150
Packet Page -2073-
EPA Model Pretreatment Ordinance
133
12.2 Performance Bonds {Optional}
49
134
12.3 Liability Insurance {Optional}
49
135
12.4 Payment of Outstanding Fees and Penalties {Optional}
49
136
12.5 Water Supply Severance {Optional}
49
137
12.6 Public Nuisances {Optional}
50
138
12.7 Informant Rewards {Optional}
50
139
12.8 Contractor Listing {Optional}
50
140
SECTION 13— AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
50
141
13.1 Upset
50
142
13.2 Prohibited Discharge Standards
51
143
13.3 Bypass
52
144
SECTION 14— WASTEWATER TREATMENT RATES - [RESERVED]
53
145
SECTION 15— MISCELLANEOUS PROVISIONS {Optional}
53
146
15.1 Pretreatment Charges and Fees {Optional}
53
147
15.2 Severability {Optional}
53
148 SECTION 16— EFFECTIVE DATE 54
149
150
Packet Page -2073-
12/13/2011 Item 16.C.12.
Packet Page -2074-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
151 EPA MODEL PRETREATMENT ORDINANCE
152
153
154 ORDINANCE NO. [ ]
155
156 SECTION 1— GENERAL PROVISIONS
157
158 1.1 Purpose and Policy
159
160 This ordinance sets forth uniform requirements for Users of the Publicly Owned Treatment
161 Works for the [City of ] and enables [the City] to comply with all applicable State and
162 Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 et
163 seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations
164 [CFR] Part 403). The objectives of this ordinance are:
165
166 A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works
167 that will interfere with its operation;
168
169 B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works
170 that will pass through the Publicly Owned Treatment Works, inadequately treated, into
171 receiving waters, or otherwise be incompatible with the Publicly Owned Treatment
172 Works;
173
174 C. To protect both Publicly Owned Treatment Works personnel who may be affected by
175 wastewater and sludge in the course of their employment and the general public;
176
177 D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly
178 Owned Treatment Works;
179
180 E. {optional} To provide for fees for the equitable distribution of the cost of operation,
181 maintenance, and improvement of the Publicly Owned Treatment Works; and
182
183 F. To enable [the City] to comply with its National Pollutant Discharge Elimination
184 System permit conditions, sludge use and disposal requirements, and any other Federal or
185 State laws to which the Publicly Owned Treatment Works is subject.
186
187 This ordinance shall apply to all Users of the Publicly Owned Treatment Works. The ordinance
188 authorizes the issuance of individual wastewater discharge permits [or general permit {optional}];
189 provides for monitoring, compliance, and enforcement activities; establishes administrative
190 review procedures; requires User reporting; [and provides for the setting of fees for the equitable
191 distribution of costs resulting from the program established herein. (optional} [Note: Not all
192 programs distribute the cost of the program through fees (some come out of the general budget) so Section 15
193 may not be applicable to your municipality and indicates that it is optional to have pretreatment charges and
194 fees.]
195
Packet Page -2075-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
196 1.2 Administration
97
198 Except as otherwise provided herein, [the Superintendent] shall administer, implement, and
199 enforce the provisions of this ordinance. Any powers granted to or duties imposed upon [the
200 Superintendent] may be delegated by [the Superintendent] to a duly authorized [City] employee.
201
202 1.3 Abbreviations
203
204 The following abbreviations, when used in this ordinance, shall have the designated meanings:
205
206 BOD — Biochemical Oxygen Demand
207 BMP — Best Management Practice
208 BMR — Baseline Monitoring Report
209 CFR — Code of Federal Regulations
210 CIU — Categorical Industrial User
211 COD — Chemical Oxygen Demand
212 EPA — U.S. Environmental Protection Agency
213 gpd — gallons per day
214 IU — Industrial User
215 mg /1— milligrams per liter
216 NPDES — National Pollutant Discharge Elimination System
217 NSCIU — Non - Significant Categorical Industrial User
218 POTW — Publicly Owned Treatment Works
219 RCRA — Resource Conservation and Recovery Act
20 SIU — Significant Industrial User
221 SNC — Significant Noncompliance
222 TSS — Total Suspended Solids
223 U.S.C. — United States Code
224
225 1.4 Definitions
226
227 Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
228 ordinance, shall have the meanings hereinafter designated.
229
230 [Note: Each of the terms and phrases defined below are used at least once in the ordinance. When the
231 municipality adopts its final version of the ordinance, it should delete from this Section all terms not used.]
232
233 A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean
234 Water Act, as amended, 33 U.S.C. section 1251 et seq.
235
236 B. Approval Authority. [Note: Designate the State as the Approval Authority if the State has an
237 EPA - approved pretreatment program. Alternatively, designate the appropriate Regional
238 Administrator of EPA as the Approval Authority in a nonapproved State.]
239
Packet Page -2076-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
240 C. Authorized or Duly Authorized Representative of the User.
241
242 (1) If the User is a corporation:
243
244 (a) The president, secretary, treasurer, or a vice - president of the corporation in
245 charge of a principal business function, or any other person who performs similar
246 policy or decision - making functions for the corporation; or
247
248 (b) The manager of one or more manufacturing, production, or operating
249 facilities, provided the manager is authorized to make management decisions that
250 govern the operation of the regulated facility including having the explicit or
251 implicit duty of making major capital investment recommendations, and initiate
252 and direct other comprehensive measures to assure long -term environmental
253 compliance with environmental laws and regulations; can ensure that the
254 necessary systems are established or actions taken to gather complete and
255 accurate information for individual wastewater discharge permit [or general
256 permit {optional }] requirements; and where authority to sign documents has been
257 assigned or delegated to the manager in accordance with corporate procedures.
258
259 (2) If the User is a partnership or sole proprietorship: a general partner or
260 proprietor, respectively.
261
262 (3) If the User is a Federal, State, or local governmental facility: a director or
263 highest official appointed or designated to oversee the operation and performance
264 of the activities of the government facility, or their designee.
265
266 (4) The individuals described in paragraphs 1 through 3, above, may designate a
267 Duly Authorized Representative if the authorization is in writing, the
268 authorization specifies the individual or position responsible for the overall
269 operation of the facility from which the discharge originates or having overall
270 responsibility for enviromnental matters for the company, and the written
271 authorization is submitted to [the City].
272
273 D. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
274 biochemical oxidation of organic matter under standard laboratory procedures for five (5)
275 days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg /1).
276
277 E. Best Management Practices or BMPs means schedules of activities, prohibitions of
278 practices, maintenance procedures, and other management practices to implement the
279 prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include
280 treatment requirements, operating procedures, and practices to control plant site runoff,
281 spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. (Note:
282 BMPs also include alternative means (i.e., management plans) of complying with, or in place of
283 certain established categorical Pretreatment Standards and effluent limits.]
284
3
Packet Page -2077-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
285 F. Categorical Pretreatment Standard or Categorical Standard. Any regulation
86 containing pollutant discharge limits promulgated by EPA in accordance with sections
287 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of
288 Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471.
289
290 G. Categorical Industrial User. An Industrial User subject to a categorical Pretreatment
291 Standard or categorical Standard.
292
293 H. [City]. [The City of ] or [the City Council of ].
294
295 I. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all
296 compounds, both organic and inorganic, in water.
297
298 J. Control Authority. The [City]
299
300 K. Daily Maximum. The arithmetic average of all effluent samples for a pollutant
301 collected during a calendar day.
302
303 L. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant
304 during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the
305 daily discharge is the total mass discharged over the course of the day. Where Daily
306 Maximum Limits are expressed in terms of a concentration, the daily discharge is the
307 arithmetic average measurement of the pollutant concentration derived from all
308 measurements taken that day.
09
310 M. Environmental Protection Agency or EPA. The U.S. Environmental Protection
311 Agency or, where appropriate, the Regional Water Management Division Director, the
312 Regional Administrator, or other duly authorized official of said agency.
313
314 K. Existing Source. Any source of discharge that is not a "New Source."
315
316 L. Grab Sample. A sample that is taken from a wastestream without regard to the
317 flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
318
319 M. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from
320 any nondomestic source.
321
322 N. Instantaneous Limit. The maximum concentration of a pollutant allowed to be
323 discharged at any time, determined from the analysis of any discrete or composited
324 sample collected, independent of the industrial flow rate and the duration of the sampling
325 event. [Note: If the POTW would like the flexibility to measure compliance with either a single grab
326 sample or sample representative of the discharge day, the POTW should establish both Daily
327 Maximum and Instantaneous Limits.]
328
329 O. Interference. A discharge that, alone or in conjunction with a discharge or discharges
330 from other sources, inhibits or disrupts the POTW, its treatment processes or operations
331 or its sludge processes, use or disposal; and therefore, is a cause of a violation of [the
4
Packet Page -2078-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
332 City's] NPDES permit or of the prevention of sewage sludge use or disposal in
333 compliance with any of the following statutory/regulatory provisions or permits issued
334 thereunder, or any more stringent State or local regulations: section 405 of the Act; the
335 Solid Waste Disposal Act, including Title II commonly referred to as the Resource
336 Conservation and Recovery Act (RCRA); any State regulations contained in any State
337 sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal
338 Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
339 Research, and Sanctuaries Act.
340
341 P. Local Limit. Specific discharge limits developed and enforced by [the City] upon
342 industrial or commercial facilities to implement the general and specific discharge
343 prohibitions listed in 40 CFR 403.5(a)(1) and (b).
344
345 Q. Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
346 pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
347 potentially contaminated laboratory wastes, and dialysis wastes.
348
349 R. Monthly Average. The sum of all "daily discharges" measured during a calendar
350 month divided by the number of "daily discharges" measured during that month.
351
352 S. Monthly Average Limit. The highest allowable average of "daily discharges" over a
353 calendar month, calculated as the sum of all "daily discharges" measured during a
354 calendar month divided by the number of "daily discharges" measured during that month.
355
356 T. New Source.
357
358 (1) Any building, structure, facility, or installation from which there is (or may
359 be) a discharge of pollutants, the construction of which commenced after the
360 publication of proposed Pretreatment Standards under section 307(c) of the Act
361 that will be applicable to such source if such Standards are thereafter promulgated
362 in accordance with that section, provided that:
363
364 (a) The building, structure, facility, or installation is constructed at a site at which
365 no other source is located; or
366 (b) The building, structure, facility, or installation totally replaces the process or
367 production equipment that causes the discharge of pollutants at an Existing
368 Source; or
369 (c) The production or wastewater generating processes of the building, structure,
370 facility, or installation are substantially independent of an Existing Source at the
371 same site. In determining whether these are substantially independent, factors
372 such as the extent to which the new facility is integrated with the existing plant,
373 and the extent to which the new facility is engaged in the same general type of
374 activity as the Existing Source, should be considered.
375
376 (2) Construction on a site at which an Existing Source is located results in a
377 modification rather than a New Source if the construction does not create a new
5
Packet Page -2079-
1W
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
378 building, structure, facility, or installation meeting the criteria of Section (1)(b) or
79 (c) above but otherwise alters, replaces, or adds to existing process or production
-180 equipment.
381
382 (3) Construction of a New Source as defined under this paragraph has commenced
383 if the owner or operator has:
384
385 (a) Begun, or caused to begin, as part of a continuous onsite construction program
zn
386
387 (i) any placement, assembly, or installation of facilities or equipment; or
388 (ii) significant site preparation work including clearing, excavation, or
389 removal of existing buildings, structures, or facilities which is necessary for
390 the placement, assembly, or installation of new source facilities or equipment;
391 or
392
393 (b) Entered into a binding contractual obligation for the purchase of facilities or
394 equipment which are intended to be used in its operation within a reasonable time.
395 Options to purchase or contracts which can be terminated or modified without
396 substantial loss, and contracts for feasibility, engineering, and design studies do
397 not constitute a contractual obligation under this paragraph.
398
399 U. Noncontact Cooling Water. Water used for cooling that does not come into direct
400 contact with any raw material, intermediate product, waste product, or finished product.
401
)2 V. Pass Through. A discharge which exits the POTW into waters of the United States in
403 quantities or concentrations which, alone or in conjunction with a discharge or discharges
404 from other sources, is a cause of a violation of any requirement of [the City's] NPDES
405 permit, including an increase in the magnitude or duration of a violation.
406
407 W. Person. Any individual, partnership, copartnership, firm, company, corporation,
408 association, joint stock company, trust, estate, governmental entity, or any other legal
409 entity; or their legal representatives, agents, or assigns. This definition includes all
410 Federal, State, and local governmental entities.
411
412 X. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
413
414 Y. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
415 garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological
416 materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
417 dirt, municipal, agricultural and industrial wastes, and certain characteristics of
418 wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
419
420 Z. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants,
421 or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of,
422 introducing such pollutants into the POTW. This reduction or alteration can be obtained
423 by physical, chemical, or biological processes; by process changes; or by other means,
A
Packet Page -2080-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
424 except by diluting the concentration of the pollutants unless allowed by an applicable
425 Pretreatment Standard.
426
427 AA. Pretreatment Requirements. Any substantive or procedural requirement related to
428 pretreatment imposed on a User, other than a Pretreatment Standard.
429
430 BB. Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited
431 discharge standards, categorical Pretreatment Standards, and Local Limits.
432
433 CC. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions
434 against the discharge of certain substances; these prohibitions appear in Section 2.1 of
435 this ordinance.
436
437 DD. Publicly Owned Treatment Works or POTW. A treatment works, as defined by
438 section 212 of the Act (33 U.S.C. section 1292), which is owned by [the City]. This
439 definition includes any devices or systems used in the collection, storage, treatment,
440 recycling, and reclamation of sewage or industrial wastes of a liquid nature and any
441 conveyances, which convey wastewater to a treatment plant.
442
443 EE. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical
444 toilets, campers, trailers, and septic tanks.
445
446 FF. Sewage. Human excrement and gray water (household showers, dishwashing
447 operations, etc.).
448
449 GG. Significant Industrial User (SIU).
450
451 Except as provided in paragraphs (3) and (4) of this Section, a Significant
452 Industrial User is:
453
454 (1) An Industrial User subject to categorical Pretreatment Standards; or
455
456 (2) An Industrial User that:
457
458 (a) Discharges an average of twenty -five thousand (25,000) gpd or more of
459 process wastewater to the POTW (excluding sanitary, noncontact cooling and
460 boiler blowdown wastewater);
461 (b) Contributes a process wastestream which makes up five (5) percent or more of
462 the average dry weather hydraulic or organic capacity of the POTW treatment
463 plant; or
464 (c) Is designated as such by [the City] on the basis that it has a reasonable
465 potential for adversely affecting the POTW's operation or for violating any
466 Pretreatment Standard or Requirement.
467
468 {Optional} [Note: The following provision may be included in the local ordinances only if authorized under
469 State law. Criteria for reduced reporting must also include any criteria defined in applicable State
470 requirements.]
F
Packet Page -2081-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
471
72
(3) The [City] may determine that an Industrial User subject to categorical
473
Pretreatment Standards is a Non - Significant Categorical Industrial User rather
474
than a Significant Industrial User on a finding that the Industrial User never
475
discharges more than 100 gallons per day (gpd) of total categorical wastewater
476
(excluding sanitary, non - contact cooling and boiler blowdown wastewater, unless
477
specifically included in the Pretreatment Standard) and the following conditions
478
are met:
479
480 (a) The Industrial User, prior to [City's] finding, has consistently complied with
481 all applicable categorical Pretreatment Standards and Requirements;
482 (b) The Industrial User annually submits the certification statement required in
483 Section 6.14 B [see 40 CFR 403.12(q)], together with any additional information
484 necessary to support the certification statement; and
485 (c) The Industrial User never discharges any untreated concentrated wastewater.
486
487 (4) Upon a finding that a User meeting the criteria in Subsection (2) of this part
488 has no reasonable potential for adversely affecting the POTW's operation or for
489 violating any Pretreatment Standard or Requirement, [the City] may at any time,
490 on its own initiative or in response to a petition received from an Industrial User,
491 and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such
492 User should not be considered a Significant Industrial User.
493
494 HH. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which
95 could cause a violation of the prohibited discharge standards in Section 2.1 of this
496 ordinance. A Slug Discharge is any Discharge of a non - routine, episodic nature,
497 including but not limited to an accidental spill or a non - customary batch Discharge,
498 which has a reasonable potential to cause Interference or Pass Through, or in any other
499 way violate the POTW's regulations, Local Limits or Permit conditions.
500
501 11. Storin Water. Any flow occurring during or following any form of natural
502 precipitation, and resulting from such precipitation, including snowmelt.
503
504 JJ. [Superintendent]. The person designated by [the City] to supervise the operation of
505 the POTW, and who is charged with certain duties and responsibilities by this ordinance.
506 The term also means a Duly Authorized Representative of the [Superintendent].
507
508 KK. Total Suspended Solids or Suspended Solids. The total suspended matter that floats
509 on the surface of, or is suspended in, water, wastewater, or other liquid, and that is
510 removable by laboratory filtering.
511
512 LL. User or Industrial User. A source of indirect discharge.
513
514 MM. Wastewater. Liquid and water - carried industrial wastes and sewage from
515 residential dwellings, commercial buildings, industrial and manufacturing facilities, and
516 institutions, whether treated or untreated, which are contributed to the POTW.
L
Packet Page -2082-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
517
518 NN. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which
519 is designed to provide treatment of municipal sewage and industrial waste.
520
521 SECTION 2— GENERAL SEWER USE REQUIREMENTS
522
523 2.1 Prohibited Discharge Standards
524
525 A. General Prohibitions. No User shall introduce or cause to be introduced into the
526 POTW any pollutant or wastewater which causes Pass Through or Interference. These
527 general prohibitions apply to all Users of the POTW whether or not they are subject to
528 categorical Pretreatment Standards or any other National, State, or local Pretreatment
529 Standards or Requirements.
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
B. Specific Prohibitions. No User shall introduce or cause to be introduced into the
POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, wastestreams with a closed -cup flashpoint of less than 140
degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.0 [or more than _ 1, or otherwise
causing corrosive structural damage to the POTW or equipment;
[Note: The municipality should be aware that the General Pretreatment Regulations at 40 CFR 403.5(b) do
not set an upper pH limit, although many municipalities find such a limit necessary or useful. If the
municipality wishes to set an upper pH limit, it should insert one in this Section. 40 CFR 261.22 established
that wastes discharged with a pH over 12.5 are considered corrosive hazardous wastes and therefore, the
POTW would need to comply with applicable requirements under the Resource Conservation and Recovery
Act and implementing regulations for Treatment, Storage, and Disposal facilities if such wastes are delivered
to the POTW by truck, rail, or dedicated pipe. Accordingly, if the POTW chooses to prohibit discharge of
characteristic hazardous wastes, the upper pH limit must be no greater than 12.5.1
(3) Solid or viscous substances in amounts which will cause obstruction of the
flow in the POTW resulting in Interference [but in no case solids greater
than inch(es) ( ") or centimeter(s) (_ cm) in any
dimension];
(4) Pollutants, including oxygen- demanding pollutants (BOD, etc.), released in a
discharge at a flow rate and /or pollutant concentration which, either singly or by
interaction with other pollutants, will cause Interference with the POTW;
(5) Wastewater having a temperature greater than [_degrees F (_degrees
C)], or which will inhibit biological activity in the treatment plant resulting in
Interference, but in no case wastewater which causes the temperature at the
introduction into the treatment plant to exceed 104 degrees F (40 degrees C);
Packet Page -2083-
E
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
564 (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin,
'65 in amounts that will cause Interference or Pass Through;
_)66
567 (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within
568 the POTW in a quantity that may cause acute worker health and safety problems;
569
570 (8) Trucked or hauled pollutants, except at discharge points designated by [the
571 Superintendent] in accordance with Section 3.4 of this ordinance;
572
573 {Note: Discharge prohibitions B.(1) through B.(8) are mandatory National Pretreatment Standards
574 and must be included in the ordinance; discharge prohibitions B.(9) through B.(18) below are
575 optional.}
576
577 (9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
578 either singly or by interaction with other wastes, are sufficient to create a public
579 nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or
580 repair; {optional}
581
582 (10) Wastewater which imparts color which cannot be removed by the treatment
583 process, such as, but not limited to, dye wastes and vegetable tanning solutions,
584 which consequently imparts color to the treatment plant's effluent, thereby
585 violating [the City's] NPDES permit; {optional}
586
587 (11) Wastewater containing any radioactive wastes or isotopes except in
-88 compliance with applicable State or Federal regulations; {optional}
_,89
590 (12) Storm Water, surface water, ground water, artesian well water, roof runoff,
591 subsurface drainage, swimming pool drainage, condensate, deionized water,
592 Noncontact Cooling Water, and unpolluted wastewater, unless specifically
593 authorized by [the Superintendent]; {optional}
594
595 (13) Sludges, screenings, or other residues from the pretreatment of industrial
596 wastes; {optional}
597
598 (14) Medical Wastes, except as specifically authorized by [the Superintendent] in
599 an individual wastewater discharge permit [or a general permit {optional}];
600 {optional}
601
602 (15) Wastewater causing, alone or in conjunction with other sources, the
603 treatment plant's effluent to fail toxicity test; (optional)
604
605 (16) Detergents, surface- active agents, or other substances which that might cause
606 excessive foaming in the POTW; {optional}
607
608 (17) Fats, oils, or greases of animal or vegetable origin in concentrations greater
609 than [ ( ) mg/1]; [Note: Numeric limits for these pollutants may be placed in
610 Section 2.41 {optional}
10
Packet Page -2084-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
611
612 (18) Wastewater causing two readings on an explosion hazard meter at the point
613 of discharge into the POTW, or at any point in the POTW, of more than F-
614 percent (_ %)] or any single reading over �— percent C____ %)] of the
615 Lower Explosive Limit of the meter. (optional)
616
617 Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored
618 in such a manner that they could be discharged to the POTW.
619
620 2.2 National Categorical Pretreatment Standards
621
622 Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I,
623 Subchapter N, Parts 405 -471.
624
625 [Note: State procedures for incorporation by reference must be followed. EPA regulations at 40 CFR 403.13
626 authorize a C1U to obtain a variance from a categorical Pretreatment Standard if the C1U can prove,
627 pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge
628 are fundamentally different from the factors considered by EPA when developing the categorical
629 Pretreatment Standard. The POTW might need to include a provision authorizing it to incorporate or
630 recognize revised Standards if the User has obtained an FDF variance from EPA on the basis of 40 CFR
631 403.13. That CLU's Standards would be replaced by the revised FDF variance Standard.]
632
633 A. Where a categorical Pretreatment Standard is expressed only in terms of either the
634 mass or the concentration of a pollutant in wastewater, [the Superintendent] may impose
635 equivalent concentration or mass limits in accordance with Section 2.2E and 2.2F.
636 (Optional) [Note: See 40 CFR 403.6(c)]
637
638 B. When the limits in a categorical Pretreatment Standard are expressed only in terms of
639 mass of pollutant per unit of production, the [Superintendent] may convert the limits to
640 equivalent limitations expressed either as mass of pollutant discharged per day or effluent
641 concentration for purposes of calculating effluent limitations applicable to individual
642 Industrial Users. {Optional} [Note: See 40 CFR 403.6(c)(2)]
643
644 C. When wastewater subject to a categorical Pretreatment Standard is mixed with
645 wastewater not regulated by the same Standard, [the Superintendent] shall impose an
646 alternate limit in accordance with 40 CFR 403.6(e).
647
648 {Optional } [Note: The following provision may be included in the local ordinance at the
649 municipality's discretion.]
650
651 D. A CIU may obtain a net/gross adjustment to a categorical Pretreatment Standard in
652 accordance with the following paragraphs of this Section. [Note: See 40 CFR 403.151
653
654
(1) Categorical Pretreatment Standards may be adjusted to reflect the presence of
655
pollutants in the Industrial User's intake water in accordance with this Section.
656
Any Industrial User wishing to obtain credit for intake pollutants must make
657
application to the [City]. Upon request of the Industrial User, the applicable
658
Standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for
11
Packet Page -2085-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
659 pollutants in the intake water) if the requirements of paragraph (2) of this Section
-60 are met.
o61 (2) Criteria.
662 a. Either (i) The applicable categorical Pretreatment Standards contained in 40
663 CFR subchapter N specifically provide that they shall be applied on a net
664 basis; or (ii) The Industrial User demonstrates that the control system it
665 proposes or uses to meet applicable categorical Pretreatment Standards would,
666 if properly installed and operated, meet the Standards in the absence of
667 pollutants in the intake waters.
668 b. Credit for generic pollutants such as biochemical oxygen demand (BOD),
669 total suspended solids (TSS), and oil and grease should not be granted unless
670 the Industrial User demonstrates that the constituents of the generic measure
671 in the User's effluent are substantially similar to the constituents of the
672 generic measure in the intake water or unless appropriate additional limits are
673 placed on process water pollutants either at the outfall or elsewhere.
674 c. Credit shall be granted only to the extent necessary to meet the applicable
675 categorical Pretreatment Standard(s), up to a maximum value equal to the
676 influent value. Additional monitoring may be necessary to determine
677 eligibility for credits and compliance with Standard(s) adjusted under this
678 Section.
679 d. Credit shall be granted only if the User demonstrates that the intake water is
680 drawn from the same body of water as that into which the POTW discharges.
681 The [City] may waive this requirement if it finds that no environmental
682 degradation will result.
83
684 {Optional} [Note: The following optional provision may be included in the local ordinances only if authorized
685 under State law.]
686
687 E. When a categorical Pretreatment Standard is expressed only in terms of pollutant
688 concentrations, an Industrial User may request that [the City] convert the limits to
689 equivalent mass limits. The determination to convert concentration limits to mass limits
690 is within the discretion of the [Superintendent]. [The City] may establish equivalent mass
691 limits only if the Industrial User meets all the conditions set forth in Sections 2.2E(1)(a)
692 through 2.2E(1)(e) below.
693
694 (1) To be eligible for equivalent mass limits, the Industrial User must:
695 a. Employ, or demonstrate that it will employ, water conservation methods and
696 technologies that substantially reduce water use during the term of its
697 individual wastewater discharge permit;
698 b. Currently use control and treatment technologies adequate to achieve
699 compliance with the applicable categorical Pretreatment Standard, and not
700 have used dilution as a substitute for treatment;
701 c. Provide sufficient information to establish the facility's actual average daily
702 flow rate for all wastestreams, based on data from a continuous effluent flow
703 monitoring device, as well as the facility's long -term average production rate.
704 Both the actual average daily flow rate and the long -term average production
705 rate must be representative of current operating conditions;
12
Packet Page -2086-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
706 d. Not have daily flow rates, production levels, or pollutant levels that vary so
707 significantly that equivalent mass limits are not appropriate to control the
708 Discharge; and
709 e. Have consistently complied with all applicable categorical Pretreatment
710 Standards during the period prior to the Industrial User's request for
711 equivalent mass limits.
712 (2) An Industrial User subject to equivalent mass limits must:
713 a. Maintain and effectively operate control and treatment technologies adequate
714 to achieve compliance with the equivalent mass limits;
715 b. Continue to record the facility's flow rates through the use of a continuous
716 effluent flow monitoring device;
717 c. Continue to record the facility's production rates and notify the
718 [Superintendent] whenever production rates are expected to vary by more than
719 20 percent from its baseline production rates determined in paragraph
720 2.217(1)(c) of this Section. Upon notification of a revised production rate, the
721 [Superintendent] will reassess the equivalent mass limit and revise the limit as
722 necessary to reflect changed conditions at the facility; and
723 d. Continue to employ the same or comparable water conservation methods and
724 technologies as those implemented pursuant to paragraphs 2.2E(1)(a) of this
725 Section so long as it discharges under an equivalent mass limit.
726
727 (3) When developing equivalent mass limits, the [Superintendent]:
728 a. Will calculate the equivalent mass limit by multiplying the actual average
729 daily flow rate of the regulated process(es) of the Industrial User by the
730 concentration -based Daily Maximum and Monthly Average Standard for the
731 applicable categorical Pretreatment Standard and the appropriate unit
732 conversion factor;
733 b. Upon notification of a revised production rate, will reassess the equivalent
734 mass limit and recalculate the limit as necessary to reflect changed conditions
735 at the facility; and
736 c. May retain the same equivalent mass limit in subsequent individual
737 wastewater discharger permit terms if the Industrial User's actual .average
738 daily flow rate was reduced solely as a result of the implementation of water
739 conservation methods and technologies, and the actual average daily flow
740 rates used in the original calculation of the equivalent mass limit were not
741 based on the use of dilution as a substitute for treatment pursuant to Section
742 2.6. The Industrial User must also be in compliance with Section 13.3
743 regarding the prohibition of bypass.]
744
745 {Optional} [Note: The following optional provisions (F —n may be included in the local ordinances only if
746 authorized under State law.]
747
748 F. [The Superintendent] may convert the mass limits of the categorical Pretreatment
749 Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of
750 calculating limitations applicable to individual Industrial Users. The conversion is at the
751 discretion of the [Superintendent].
752
13
Packet Page -2087-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
753 [Note: When converting such limits to concentration limits, the [Superintendent] will use the
°54 concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455 and document that
,, 35 dilution is not being substituted for treatment as prohibited by Section 2.6 of this ordinance (see 40
756 CFR 403.6(d)). In addition, the [Superintendent] will document how the equivalent limits were
757 derived for any changes from concentration to mass limits, or vice versa, and make this information
758 publicly available (see 40 CFR 403.6(c)(7)).]
759
760 G. Once included in its permit, the Industrial User must comply with the equivalent
761 limitations developed in this Section (2.2) in lieu of the promulgated categorical
762 Standards from which the equivalent limitations were derived. [Note: See 40 CFR
763 403.6(c)(7)]
764
765 H. Many categorical Pretreatment Standards specify one limit for calculating maximum
766 daily discharge ]imitations and a second limit for calculating maximum Monthly
767 Average, or 4 -day average, limitations. Where such Standards are being applied, the same
768 production or flow figure shall be used in calculating both the average and the maximum
769 equivalent limitation. [Note: See 40 CFR 403.6(c)(8)]
770
771 I. Any Industrial User operating under a permit incorporating equivalent mass or
772 concentration limits calculated from a production -based Standard shall notify the
773 [Superintendent] within two (2) business days after the User has a reasonable basis to
774 know that the production ]eve] will significantly change within the next calendar month.
775 Any User not notifying the [Superintendent] of such anticipated change will be required
776 to meet the mass or concentration limits in its permit that were based on the original
777 estimate of the long term average production rate. [Note: See 40 CFR 403.6(c)(9)]
78
/79 2.3 State Pretreatment Standards
780
781 Users must comply with [State Pretreatment Standards] codified at [insert appropriate cite to
782 State statute or law].
783
784 2.4 Local Limits
785
786 [Note: Municipalities need to establish limits for some or all of the pollutants listed below, and might need to
787 set limits for pollutants not listed below. The municipality may also establish Best Management Practices
788 (BMPs) to control certain pollutants. The municipality will provide public notice and an opportunity to
789 respond to interested parties (40 CFR 403.5(c)(3)). This requirement applies whether Local Limits are set by
790 ordinance or on a case -by -case basis.]
791
792 A. The [Superintendent] is authorized to establish Local Limits pursuant to 40 CFR
793 403.5(c).
794
795 [Note: The municipality may set limits as instantaneous maximums or for other durations (e.g., Daily
796 Maximum or Monthly Average Limits). The municipality should define these durations in the definition
797 Section.]
798
799 B. The following pollutant limits are established to protect against Pass Through and
800 Interference. No person shall discharge wastewater containing in excess of the following
801 [insert the duration, for example Daily Maximum Limit].
14
Packet Page -2088-
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
[Note: The approach of charging only for the "excess" loading presumes the standard sewer charges already
provide appropriate payment for concentrations up to domestic strength. Many POTWs establish surcharges
for conventional pollutants amenable to treatment, such as BOD5 and TSS. Ordinances should clearly
distinguish between surcharges and Local Limits. Surcharges are additional charges to recover the cost to
treat wastewater that are typically assessed when discharge concentrations are above defined values, typically
above domestic wastewater. Enforceable Local Limits for conventional pollutants are established where
there is potential for these pollutants to be discharged to the POTW in quantities or concentrations that could
exceed the POTW's plant capacity. When Ws discharge in excess of a Local Limit, they are subject to
enforcement actions.]
mg /l ammonia
mg /1 arsenic
mg/1 BOD5
mg /1 cadmium
mg /l chromium
mg /l copper
mg /l cyanide
mg /1 lead
mg/1 mercury
mg/l molybdenum
mg /l nitrogen (total)
mg/1 nickel
mg /1 oil and/or grease [Note: Oil and /or grease limits should be defined as a
polar, nonpolar, or total oil and grease limits.]
mg/l selenium
mg /l silver
mg /1 total phenols
mg /l total suspended solids
mg/l zinc
The above limits apply at the point where the wastewater is discharged to the POTW. All
concentrations for metallic substances are for total metal unless indicated otherwise. [The
Superintendent] may impose mass limitations in addition to the concentration -based limitations
above.
[Note: For additional information on Local Limits, refer to Local Limits Development Guidance, EPA Office
of Wastewater Management, July 2004, EPA (833- R- 04- 002A). Available via the Web at
htty: / /www.et)a.eov /nudes /cubs /final local limits guidance .pd and
htti): / /www.eoa.2ov /nodes /pubs /final local limits appendices adfJ
(Optional) [Note: The following optional provision may be included in the local ordinances only if authorized
under State law.]
C. [The Superintendent] may develop Best Management Practices (BMPs), by ordinance
or in individual wastewater discharge permits [or general permits (optional)], to
implement Local Limits and the requirements of Section 2.1.
Packet Page -2089-
15
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
850 2.5 [City's] Right of Revision
'51
852 The [City] reserves the right to establish, by ordinance or in individual wastewater discharge
853 permits [or in general permits {optional }], more stringent Standards or Requirements on
854 discharges to the POTW consistent with the purpose of this ordinance.
855
856 2.6 Dilution
857
858 No User shall ever increase the use of process water, or in any way attempt to dilute a discharge,
859 as a partial or complete substitute for adequate treatment to achieve compliance with a discharge
860 limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement.
861 [The Superintendent] may impose mass limitations on Users who are using dilution to meet
862 applicable Pretreatment Standards or Requirements, or in other cases when the imposition of
863 mass limitations is appropriate.
864
865 SECTION 3— PRETREATMENT OF WASTEWATER
866
867 3.1 Pretreatment Facilities
868
869 Users shall provide wastewater treatment as necessary to comply with this ordinance and shall
870 achieve compliance with all categorical Pretreatment Standards, Local Limits, and the
871 prohibitions set out in Section 2.1 of this ordinance within the time limitations specified by EPA,
872 the State, or [the Superintendent], whichever is more stringent. Any facilities necessary for
873 compliance shall be provided, operated, and maintained at the User's expense. Detailed plans
,74 describing such facilities and operating procedures shall be submitted to [the Superintendent] for
875 review, and shall be acceptable, to [the Superintendent] before such facilities are constructed.
876 The review of such plans and operating procedures shall in no way relieve the User from the
877 responsibility of modifying such facilities as necessary to produce a discharge acceptable to [the
878 City] under the provisions of this ordinance.
879
880 3.2 Additional Pretreatment Measures
881
882 {Optional } [Note: The following provisions are optional. The municipality may include provisions authorizing
883 it to do the following.]
884
885 A. Whenever deemed necessary, [the Superintendent] may require Users to restrict their
886 discharge during peak flow periods, designate that certain wastewater be discharged only
887 into specific sewers, relocate and /or consolidate points of discharge, separate sewage
888 wastestreams from industrial wastestreams, and such other conditions as may be
889 necessary to protect the POTW and determine the User's compliance with the
890 requirements of this ordinance.
891
892 B. [The Superintendent] may require any person discharging into the POTW to install
893 and maintain, on their property and at their expense, a suitable storage and flow - control
894 facility to ensure equalization of flow. An individual wastewater discharge permit [or a
895 general permit {optionall] may be issued solely for flow equalization.
896
16
Packet Page -2090-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
897 [Note: The City should modify this Section to conform to design, maintenance, inspection and BW
898 requirements for oil and grease control.]
899
900 C. Grease, oil, and sand interceptors shall be provided when, in the opinion of [the
901 Superintendent], they are necessary for the proper handling of wastewater containing
902 excessive amounts of grease and oil, or sand; except that such interceptors shall not be
903 required for residential users. All interception units shall be of a type and capacity
904 approved by [the Superintendent], [shall comply with [the City's Oil and Grease
905 Management ordinance (if applicable, cite), and] shall be so located to be easily
906 accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and
907 repaired [in accordance with [the City's Oil and Grease Management ordinance (if
908 applicable, cite)] by the User at their expense.
909
910 D. Users with the potential to discharge flammable substances may be required to instal]
911 and maintain an approved combustible gas detection meter.
912
913 3.3 Accidental Discharge /Slug Discharge Control Plans
914
915 [The Superintendent] shall evaluate whether each SIU needs an accidental discharge /slug
916 discharge control plan or other action to control Slug Discharges. [The Superintendent] may
917 require any User to develop, submit for approval, and implement such a plan or take such other
918 action that may be necessary to control Slug Discharges. Alternatively, [the Superintendent]
919 may develop such a plan for any User. An accidental discharge /slug discharge control plan shall
920 address, at a minimum, the following:
921
922 A. Description of discharge practices, including nonroutine batch discharges;
923
924 B. Description of stored chemicals;
925
926 C. Procedures for immediately notifying [the Superintendent] of any accidental or Slug
927 Discharge, as required by Section 6.6 of this ordinance; and
928
929 D. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such
930 procedures include, but are not limited to, inspection and maintenance of storage areas,
931 handling and transfer of materials, loading and unloading operations, control of plant site
932 runoff, worker training, building of containment structures or equipment, measures for
933 containing toxic organic pollutants, including solvents, and/or measures and equipment
934 for emergency response.
935
936 3.4 Hauled Wastewater
937
938 [Note: The municipality will ensure that hauled industrial waste is adequately regulated and should take
939 measures to ensure that haulers of septic tank waste are not introducing industrial waste to the POTW. The
940 following is one possible means of regulating hauled waste.]
941
942 A. Septic tank waste may be introduced into the POTW only at locations designated by
943 [the Superintendent], and at such times as are established by [the Superintendent]. Such
17
Packet Page -2091-
944
45
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
58
969
970
971
972
973
974
975
976
977
978
979
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
waste shall not violate Section 2 of this ordinance or any other requirements established
by [the City]. [The Superintendent] may require septic tank waste haulers to obtain
individual wastewater discharge permits [or general permits {optional}].
B. [The Superintendent] may require haulers of industrial waste to obtain individual
wastewater discharge permits [or general permits {optional)]. [The Superintendent] may
require generators of hauled industrial waste to obtain individual wastewater discharge
pen-nits [or general permits {optional}]. [The Superintendent] also may prohibit the
disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to
all other requirements of this ordinance.
C. Industrial waste haulers may discharge loads only at locations designated by [the
Superintendent]. No load may be discharged without prior consent of [the
Superintendent]. [The Superintendent] may collect samples of each hauled load to ensure
compliance with applicable Standards. [The Superintendent] may require the industrial
waste hauler to provide a waste analysis of any load prior to discharge.
D. Industrial waste haulers must provide a waste - tracking form for every load. This
form shall include, at a minimum, the name and address of the industrial waste hauler,
permit number, truck identification, names and addresses of sources of waste, and
volume and characteristics of waste. The form shall identify the type of industry, known
or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
SECTION 4— INDIVIDUAL WASTEWATER DISCHARGE PERMITS [and GENERAL
PERMITS {optionalfl
[Note: The municipality must control SIUs through individual wastewater discharge [or general {optional }1
permits. Where provided by State law, the Control Authority may establish the authority to use a general
permit where certain conditions listed in Section 4.6 (40 CFR 403.8(f)(1)(iii)) are met.]
4.1 Wastewater Analysis
When requested by [the Superintendent], a User must submit information on the nature and
characteristics of its wastewater within [ ( )] days of the request. [The Superintendent] is
authorized to prepare a form for this purpose and may periodically require Users to update this
information.
980
981 4.2 Individual Wastewater Discharge Permit [and General Permit {optional}] Requirement
982
983 A. No Significant Industrial User shall discharge wastewater into the POTW without
984 first obtaining an individual wastewater discharge permit [or a general permit loptionall]
985 from [the Superintendent], except that a Significant Industrial User that has filed a timely
986 application pursuant to Section 4.3 of this ordinance may continue to discharge for the
987 time period specified therein.
988
18
Packet Page -2092-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
989 B. [The Superintendent] may require other Users to obtain individual wastewater
990 discharge permits [or general permits (optional)] as necessary to carry out the purposes of
991 this ordinance.
992
993 C. Any violation of the terms and conditions of an individual wastewater discharge
994 permit [or a general permit (optional)] shall be deemed a violation of this ordinance and
995 subjects the wastewater discharge permittee to the sanctions set out in Sections 10
996 through 12 of this ordinance. Obtaining an individual wastewater discharge permit [or a
997 general permit (optional)] does not relieve a permittee of its obligation to comply with all
998 Federal and State Pretreatment Standards or Requirements or with any other requirements
999 of Federal, State, and local law.
1000
1001 4.3 Individual Wastewater Discharge [and General [optional)] Permitting: Existing Connections
1002
1003 Any User required to obtain an individual wastewater discharge permit [or a general permit
1004 [optional)] who was discharging wastewater into the POTW prior to the effective date of this
1005 ordinance and who wishes to continue such discharges in the future, shall, within [
1006 (___)] days after said date, apply to [the Superintendent] for an individual wastewater discharge
1007 permit [or a general permit {optional}] in accordance with Section 4.5 of this ordinance, and shall
1008 not cause or allow discharges to the POTW to continue after �— (__)] days of the
1009 effective date of this ordinance except in accordance with an individual wastewater discharge
1010 permit [or a general permit {optional}] issued by [the Superintendent].
1011
1012 4.4 Individual Wastewater Discharge [and General {optional}] Permitting: New Connections
1013
1014 Any User required to obtain an individual wastewater discharge permit [or a general permit
1015 {optional}] who proposes to begin or recommence discharging into the POTW must obtain such
1016 permit prior to the beginning or recommencing of such discharge. An application for this
1017 individual wastewater discharge permit [or general permit {optional}], in accordance with Section
1018 4.5 of this ordinance, must be filed at least �_ L_)] days prior to the date upon which
1019 any discharge will begin or recommence.
1020
1021 4.5 Individual Wastewater Discharge [and General [optional)] Permit Application Contents
1022
1023 [Note: This Section lists the information IUs must provide in their application for an individual wastewater
1024 discharge permit or general permit (control mechanism). Permits may be individual wastewater discharge
1025 permits or general permits (See Section 4.6) if allowed by the POTW (Control Authority). POTWs might
1026 want to modify the type of information required in permit applications on the basis of the size and type of IU
1027 and the type of permit (individual wastewater discharge permit vs. general permit.) The list of information to
1028 be submitted in a permit application has been expanded in this version of the model ordinance to include the
1029 new general permit application requirements (40 CFR 403.8(f)(1)(iii)(A)(2)) and to capture the baseline
1030 monitoring report (BMR) information which was previously in Section 61B (40 CFR 403.12(b)(1) -(7)). The
1031 BMR Section (6.1B) currently refers back to this (Section 4.5) regarding information that must be submitted
1032 in the BMR.I
1033
1034 A. All Users required to obtain an individual wastewater discharge permit [or a general
1035 permit {optional)] must submit a permit application. Users that are eligible may request a
19
Packet Page -2093-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1036 general permit under Section 4.6. [The Superintendent] may require Users to submit all
37 or some of the following information as part of a permit application:
X038
1039 (1) Identifying Information.
1040 a. The name and address of the facility, including the name of the operator and
Zn
1041 owner.
1042 b. Contact information, description of activities, facilities, and plant production
1043 processes on the premises;
1044
1045 (2) Environmental Permits. A list of any environmental control permits held by
1046 or for the facility.
1047
1048 (3) Description of Operations.
1049 a. A brief description of the nature, average rate of production (including each
1050 product produced by type, amount, processes, and rate of production), and
1051 standard industrial classifications of the operation(s) carried out by such User.
1052 This description should include a schematic process diagram, which indicates
1053 points of discharge to the POTW from the regulated processes.
1054 b. Types of wastes generated, and a list of all raw materials and chemicals used
1055 or stored at the facility which are, or could accidentally or intentionally be,
1056 discharged to the POTW;
1057 c. Number and type of employees, hours of operation, and proposed or actual
1058 hours of operation;
1059 d. Type and amount of raw materials processed (average and maximum per day);
60 e. Site plans, floor plans, mechanical and plumbing plans, and details to show all
1061 sewers, floor drains, and appurtenances by size, location, and elevation, and
1062 all points of discharge;
1063
1064 (4) Time and duration of discharges;
1065
1066 (5) The location for monitoring all wastes covered by the permit;
1067
1068 (6) Flow Measurement. Information showing the measured average daily and
1069 maximum daily flow, in gallons per day, to the POTW from regulated process
1070 streams and other streams, as necessary, to allow use of the combined
1071 wastestream formula set out in Section 2.2C (40 CFR 403.6(e)).
1072
1073 (7) Measurement of Pollutants.
1074 a. The categorical Pretreatment Standards applicable to each regulated process
1075 and any new categorically regulated processes for Existing Sources.
1076 b. The results of sampling and analysis identifying the nature and concentration,
1077 and /or mass, where required by the Standard or by [the Superintendent], of
1078 regulated pollutants in the discharge from each regulated process.
1079 c. Instantaneous, Daily Maximum, and long -term average concentrations, or
1080 mass, where required, shall be reported.
20
Packet Page -2094-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1081 d. The sample shall be representative of daily operations and shall be analyzed in
1082 accordance with procedures set out in Section 6.10 of this ordinance. Where
1083 the Standard requires compliance with a BNIP or pollution prevention
1084 alternative, the User shall submit documentation as required by the
1085 [Superintendent] or the applicable Standards to determine compliance with the
1086 Standard.
1087 e. Sampling must be performed in accordance with procedures set out in Section
1088 6.11 of this ordinance.
1089
1090 (8) Any requests for a monitoring waiver (or a renewal of an approved monitoring
1091 waiver) for a pollutant neither present nor expected to be present in the discharge
1092 based on Section 6.4 B [40 CFR 403.12(e)(2)]. (Optional) [Note: This provision is
1093 required only if the municipality has incorporated Section 6.413 into its ordinance.]
1094
1095 (9) Any request to be covered by a general permit based on Section 4.6. {Optional}
1096 [Note: This provision is only required if the municipality has incorporated Section 4.6 into
1097 its ordinance.]
1098
1099 (10) Any other information as may be deemed necessary by [the Superintendent]
1100 to evaluate the permit application.
1101
1102 B. Incomplete or inaccurate applications will not be processed and will be returned to
1103 the User for revision.
1104
1105 4.6 Wastewater Discharge Permitting: General Permits {Optional}
1106
1107 [Note: The option to issue general permits in lieu of individual permits is available only if
1108 authorized under State law. In such cases, State law may include additional general permit
1109 requirements. See 40 CFR 403.8(f)(1)(iii)(A)]
1110
1111 A. At the discretion of the [Superintendent], the [Superintendent] may use general
1112 permits to control SIU discharges to the POTW if the following conditions are met. All
1113 facilities to be covered by a general permit must:
1114 (1) Involve the same or substantially similar types of operations;
1115 (2) Discharge the same types of wastes;
1116 (3) Require the same effluent limitations;
1117 (4) Require the same or similar monitoring; and
1118 (5) In the opinion of the [Superintendent], are more appropriately controlled
1119 under a general permit than under individual wastewater discharge permits.
1120
1121 B. To be covered by the general permit, the SIU must file a written request for coverage
1122 that identifies its contact information, production processes, the types of wastes
1123 generated, the location for monitoring all wastes covered by the general permit, any
1124 requests in accordance with Section 6.4 B for a monitoring waiver for a pollutant neither
1125 present nor expected to be present in the Discharge, and any other information the POTW
1126 deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be
1127 present in the discharge is not effective in the general permit until after the
2
Packet Page -2095-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1128 [Superintendent] has provided written notice to the SIU that such a waiver request has
29 been granted in accordance with Section 6.4B.
X130
1131 C. The [Superintendent] will retain a copy of the general permit, documentation to
1132 support the POTW's determination that a specific SIU meets the criteria in Section
1133 4.6A(1) to (5) and applicable State regulations, and a copy of the User's written request
1134 for coverage for three (3) years after the expiration of the general permit. [Note: See 40
1135 CFR 403.8(f)(1)(iii)(A)(1) through (5).]
1136
1137 D. The [Superintendent] may not control an SIU through a general permit where the
1138 facility is subject to production -based categorical Pretreatment Standards or categorical
1139 Pretreatment Standards expressed as mass of pollutant discharged per day or for IUs
1140 whose limits are based on the Combined Wastestream Formula (Section 2.2C) or
1141 Net/Gross calculations (Section 2.2 D). [Note: See 40 CFR 403.6(e) and 40 CFR 403.151
1142
1143 4.7 Application Signatories and Certifications
1144
1145
1146
1147
1148
1149
1150
1151
52
.i53
1154
1155
1156
1157
1158
1159
A. All wastewater discharge permit applications, User reports and certification
statements must be signed by an Authorized Representative of the User and contain the
certification statement in Section 6.14 A. [Note: Definition of Authorized Representative has
been revised, see definition at Section 1.4 Cl
B. If the designation of an Authorized Representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility
or overall responsibility for environmental matters for the company, a new written
authorization satisfying the requirements of this Section must be submitted to [the
Superintendent] prior to or together with any reports to be signed by an Authorized
Representative.
{Optional} [Note: The following optional provision is required if the municipality has incorporated Section
1.4GG(3) into its ordinance].
1160 C. A facility determined to be a Non - Significant Categorical Industrial User by [the
1161 Superintendent] pursuant to 1.4 GG(3) must annually submit the signed certification
1162 statement in Section 6.14 B. [Note: See 40 CFR 403.3(v)(2)]
1163
1164 4.8 Individual Wastewater Discharge [and General {optional)] Permit Decisions
1165
1166 [The Superintendent] will evaluate the data furnished by the User and may require additional
1167 information. Within [ (___)] days of receipt of a complete permit application, [the
1168 Superintendent] will determine whether to issue an individual wastewater discharge permit [or a
1169 general permit {optional}]. [The Superintendent] may deny any application for an individual
1170 wastewater discharge permit [or a general permit {optional]].
1171
22
Packet Page -2096-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1172 SECTION 5— INDIVIDUAL WASTEWATER DISCHARGE [AND GENERAL {optional)]
1173 PERMIT ISSUANCE
1174
1175 5.1 Individual Wastewater Discharge [and General {optional)] Permit Duration
1176
1177 An individual wastewater discharge permit [or a general permit {optional)] shall be issued for a
1178 specified time period, not to exceed five (5) years from the effective date of the permit. An
1179 individual wastewater discharge permit [or a general permit {optional)] may be issued for a period
1180 less than five (5) years, at the discretion of [the Superintendent]. Each individual wastewater
1181 discharge permit [or a general permit {optional)] will indicate a specific date upon which it will
1182 expire.
1183
1184 5.2 Individual Wastewater Discharge Permit [and General Permit {optional)] Contents
1185
1186 An individual wastewater discharge permit [or a general permit {optional)] shall include such
1187 conditions as are deemed reasonably necessary by [the Superintendent] to prevent Pass Through
1188 or Interference, protect the quality of the water body receiving the treatment plant's effluent,
1189 protect worker health and safety, facilitate sludge management and disposal, and protect against
1190 damage to the POTW.
1191
1192 A. Individual wastewater discharge permits [and general permits {optional)]) must
1193 contain:
1194
1195 (1) A statement that indicates the wastewater discharge permit issuance date,
1196 expiration date and effective date; [Note: See Section 5.1.1
1197
1198 (2) A statement that the wastewater discharge permit is nontransferable without
1199 prior notification to [the City] in accordance with Section 5.5 of this ordinance,
1200 and provisions for furnishing the new owner or operator with a copy of the
1201 existing wastewater discharge permit;
1202
1203 (3) Effluent limits, including Best Management Practices, based on applicable
1204 Pretreatment Standards; [Note: Required Streamlining Rule Change)
1205
1206 (4) Self monitoring, sampling, reporting, notification, and record - keeping
1207 requirements. These requirements shall include an identification of pollutants (or
1208 best management practice) to be monitored, sampling location, sampling
1209 frequency, and sample type based on Federal, State, and local law.
1210
1211 (5) The process for seeking a waiver from monitoring for a pollutant neither
1212 present nor expected to be present in the Discharge in accordance with Section
1213 6.4 B. {Optional) [Note: This provision is required only if the municipality has
1214 incorporated Section 6.413 into its ordinance. Section 4.5A (8) includes an instruction to the
1215 permittees to include requests for a new (or renewal of an existing) monitoring waiver for a
1216 pollutant neither present nor expected to be present in the discharge. See 40 CFR
1217 403.12(e)(2).]
1218
23
Packet Page -2097-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1219 (6) A statement of applicable civil and criminal penalties for violation of
20 Pretreatment Standards and Requirements, and any applicable compliance
./-21 schedule. Such schedule may not extend the time for compliance beyond that
1222 required by applicable Federal, State, or local law.
1223
1224 (7) Requirements to control Slug Discharge, if determined by the
1225 [Superintendent] to be necessary.[Note. Required Streamlining Rule Change]
1226
1227 (8) Any grant of the monitoring waiver by the [Superintendent] (Section 6.4 B)
1228 must be included as a condition in the User's permit [or other control
1229 mechanism]. {Optional} [Note: This provision is required only if the municipality has
1230 incorporated Section 6.413 into its ordinance.]
1231
1232 B. Individual wastewater discharge permits [or general permits {optional]] may contain,
1233 but need not be limited to, the following conditions:
1234
1235 (1) Limits on the average and /or maximum rate of discharge, time of discharge,
1236 and/or requirements for flow regulation and equalization;
1237
1238 (2) Requirements for the installation of pretreatment technology, pollution
1239 control, or construction of appropriate containment devices, designed to reduce,
1240 eliminate, or prevent the introduction of pollutants into the treatment works;
1.241
1242 (3) Requirements for the development and implementation of spill control plans
43 or other special conditions including management practices necessary to
1 244 adequately prevent accidental, unanticipated, or nonroutine discharges;
1245
1246 (4) Development and implementation of waste minimization plans to reduce the
1247 amount of pollutants discharged to the POTW;
1248
1249 (5) The unit charge or schedule of User charges and fees for the management of
1250 the wastewater discharged to the POTW;
1251
1252 (6) Requirements for installation and maintenance of inspection and sampling
1253 facilities and equipment, including flow measurement devices;
1254
1255 (7) A statement that compliance with the individual wastewater discharge permit
1256 [or the general permit {optional]] does not relieve the permittee of responsibility
1257 for compliance with all applicable Federal and State Pretreatment Standards,
1258 including those which become effective during the term of the individual
1259 wastewater discharge permit [or the general permit {optional]]; and
1260
1261 (8) Other conditions as deemed appropriate by [the Superintendent] to ensure
1262 compliance with this ordinance, and State and Federal laws, rules, and
1263 regulations.
1264
24
Packet Page -2098-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1265
5.3 Permit Issuance Process {optional)
1266
1267
A. Public Notification. The [Superintendent] will publish [in an official government
1268
publication and /or newspaper(s) of general circulation that provides meaningful public
1269
notice with the jurisdiction(s) served by the POTW, or on a Web page], a notice to issue a
1270
pretreatment permit, at least [ (_) fill in number] days prior to issuance. The
1271
notice will indicate a location where the draft permit may be reviewed and an address
1272
where written comments may be submitted.
1273
1274
B. Permit Appeals. [The Superintendent] shall provide public notice of the issuance of
1275
an individual wastewater discharge permit [or a general permit {optional }]. Any person,
1276
including the User, may petition [the Superintendent] to reconsider the terms of an
1277
individual wastewater discharge permit [or a general permit (optional)] within
1278
fill in number] days of notice of its issuance.
1279
1280
(1) Failure to submit a timely petition for review shall be deemed to be a waiver
1281
of the administrative appeal.
1282
1283
(2) In its petition, the appealing party must indicate the individual wastewater
1284
discharge permit [or a general permit [optional)] provisions objected to, the
1285
reasons for this objection, and the alternative condition, if any, it seeks to place in
1286
the individual wastewater discharge permit [or a general permit {optionall].
1287
1288
(3) The effectiveness of the individual wastewater discharge permit [or a general
1289
permit {optional}] shall not be stayed pending the appeal.
1290
1291
(4) If [the Superintendent] fails to act within days, a request for
1292
reconsideration shall be deemed to be denied. Decisions not to reconsider an
1293
individual wastewater discharge permit [or a general permit {optional }], not to
1294
issue an individual wastewater discharge permit [or a general permit {optional}], or
1295
not to modify an individual wastewater discharge permit [or a general permit
1296
{optional)] shall be considered final administrative actions for purposes of judicial
1297
review.
1298
1299
(5) Aggrieved parties seeking judicial review of the final administrative
1300
individual wastewater discharge permit [or general permit {optional}] decision
1301
must do so by filing a complaint with the [insert name of appropriate Court] for
1302
[proper jurisdiction] within [insert appropriate State Statute of Limitations].
1303
1304
5.4 Permit Modification
1305
1306
A. [The Superintendent] may modify an individual wastewater discharge permit for good
1307
cause, including, but not limited to, the following reasons:
1308
1309
(1) To incorporate any new or revised Federal, State, or local Pretreatment
1310
Standards or Requirements;
25
Packet Page -2099-
EPA Model Pretreatment Ordinance
1311
12/13/2011 Item 16.C.12.
12 (2) To address significant alterations or additions to the User's operation,
313 processes, or wastewater volume or character since the time of the individual
1314 wastewater discharge permit issuance;
1315
1316 (3) A change in the POTW that requires either a temporary or permanent
1317 reduction or elimination of the authorized discharge;
1318
1319 (4) Information indicating that the permitted discharge poses a threat to [the
1320 City's] POTW, [City] personnel, or the receiving waters; [Note: The Control
1321 Authority should consider threats to the POTW's beneficial sludge use.]
1322
1323 (5) Violation of any terms or conditions of the individual wastewater discharge
1324 permit;
1325
1326 (6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater
1327 discharge permit application or in any required reporting;
1328
1329 (7) Revision of or a grant of variance from categorical Pretreatment Standards
1330 pursuant to 40 CFR 403.13;
1331
1332 (8) To correct typographical or other errors in the individual wastewater discharge
1333 permit; or
1334
35 (9) To reflect a transfer of the facility ownership or operation to a new owner or
1336 operator where requested in accordance with Section 5.5.
1337
1338 (optional) [Note: The following provision is optional. The municipality may include a provision authorizing
1339 it to do the following.]
1340
1341 B. [The Superintendent] may modify a general permit for good cause, including, but not
1342 limited to, the following reasons:
1343
1344 (1) To incorporate any new or revised Federal, State, or local Pretreatment
1345 Standards or Requirements;
1346
1347 (2) A change in the POTW that requires either a temporary or permanent
1348 reduction or elimination of the authorized discharge;
1349
1350 (3) To correct typographical or other errors in the individual wastewater discharge
1351 permit; or
1352
1353 (4) To reflect a transfer of the facility ownership or operation to a new owner or
1354 operator where requested in accordance with Section 5.5.
1355
26
Packet Page -2100-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1356 5.5 Individual Wastewater Discharge Permit [and General Permit {optional }] Transfer
1357 ,m
1358 Individual wastewater discharge permits [or coverage under general permits [optional)] may be "
1359 transferred to a new owner or operator only if the permittee gives at least [ Lam] days
1360 advance notice to [the Superintendent] and [the Superintendent] approves the individual
1361 wastewater discharge permit [or the general permit coverage {optional}] transfer. The notice to
1362 [the Superintendent] must include a written certification by the new owner or operator which:
1363
1364 A. States that the new owner and/or operator has no immediate intent to change the
1365 facility's operations and processes;
1366
1367 B. Identifies the specific date on which the transfer is to occur; and
1368
1369 C. Acknowledges full responsibility for complying with the existing individual
1370 wastewater discharge permit [or general permit {optional}].
1371
1372 Failure to provide advance notice of a transfer renders the individual wastewater discharge
1373 permit [or coverage under the general permit {optional }] void as of the date of facility transfer.
1374
1375 5.6 Individual Wastewater Discharge Permit [and General Permit loptionall] Revocation
1376
1377 [The Superintendent] may revoke an individual wastewater discharge permit [or coverage under
1378 a general permit {optional)] for good cause, including, but not limited to, the following reasons:
1379
1380 A. Failure to notify [the Superintendent] of significant changes to the wastewater prior to
1381 the changed discharge;
1382
1383 B. Failure to provide prior notification to [the Superintendent] of changed conditions
1384 pursuant to Section 6.5 of this ordinance;
1385
1386 C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater
1387 discharge permit application;
1388
1389 D. Falsifying self - monitoring reports and certification statements;
1390
1391 E. Tampering with monitoring equipment;
1392
1393 F. Refusing to allow [the Superintendent] timely access to the facility premises and
1394 records;
1395
1396 G. Failure to meet effluent limitations;
1397
1398 H. Failure to pay fines;
1399
1400 1. Failure to pay sewer charges;
1401
27
Packet Page -2101-
ig
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1402 J. Failure to meet compliance schedules;
03
1404 K. Failure to complete a wastewater survey or the wastewater discharge permit
1405 application;
1406
1407 L. Failure to provide advance notice of the transfer of business ownership of a permitted
1408 facility; or
1409
1410 M. Violation of any Pretreatment Standard or Requirement, or any terms of the
1411 wastewater discharge permit [or the general permit (optional)] or this ordinance.
1412
1413 Individual wastewater discharge permits [or coverage under general permits {optional)] shall be
1414 voidable upon cessation of operations or transfer of business ownership. All individual
1415 wastewater discharge permits [or general pen-nits (optional)] issued to a User are void upon the
1416 issuance of a new individual wastewater discharge pen-nit [or a general permit (optional}] to that
1417 User.
1418
1419 5.7 Individual Wastewater Discharge Permit [and General Permit (optionalfl Reissuance
1420
1421 A User with an expiring individual wastewater discharge permit [or general permit (optional)]
1422 shall apply for individual wastewater discharge permit [or general permit (optional]] reissuance
1423 by submitting a complete permit application, in accordance with Section 4.5 of this ordinance, a
1424 minimum of [ (_)] days prior to the expiration of the User's existing individual
' IL25 wastewater discharge permit [or general permit (optional}].
26
1427 5.8 Regulation of Waste Received from Other Jurisdictions
1428
1429 [Note: The municipality must ensure that discharges received from entities outside its jurisdictional
1430 boundaries are regulated to the same extent as are discharges from within its jurisdictional boundaries. How
1431 a municipality regulates such discharges largely will be determined by what is allowed under its State law.
1432 The municipality must determine the extent of its authority under State law to regulate Users located outside
1433 its jurisdictional boundaries. If the municipality does not have the legal authority to issue enforceable
1434 permits directly to extrajurisdictional dischargers and cannot obtain this authority under State law, it should
1435 strongly consider entering into an agreement with the municipality in which the dischargers are located. The
1436 agreement would require that the contributing municipality either regulate the dischargers within its
1437 jurisdiction directly or allow the municipality (in which the POTW is located) to regulate such dischargers.
1438 Following is one possible means of regulating dischargers located outside the municipality's jurisdictional
1439 boundaries.]
1440
1441 A. If another municipality, or User located within another municipality, contributes
1442 wastewater to the POTW, [the Superintendent] shall enter into an intermunicipal
1443 agreement with the contributing municipality.
1444
1445 B. Prior to entering into an agreement required by paragraph A, above, [the
1446 Superintendent] shall request the following information from the contributing
1447 municipality:
1448
28
Packet Page -2102-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1449
(1) A description of the quality and volume of wastewater discharged to the
1450
POTW by the contributing municipality;
1451
rnn++
1452
(2) An inventory of all Users located within the contributing municipality that are
1453
discharging to the POTW; and
1454
1455
(3) Such other information as [the Superintendent] may deem necessary.
1456
1457
C. An intermunicipal agreement, as required by paragraph A, above, shall contain the
1458
following conditions:
1459
1460
(1) A requirement for the contributing municipality to adopt a sewer use
1461
ordinance which is at least as stringent as this ordinance and Local Limits,
1462
including required Baseline Monitoring Reports (BMRs) which are at least as
1463
stringent as those set out in Section 2.4 of this ordinance. The requirement shall
1464
specify that such ordinance and limits must be revised as necessary to reflect
1465
changes made to [the City's] ordinance or Local Limits;
1466
1467
(2) A requirement for the contributing municipality to submit a revised User
1468
inventory on at least an annual basis;
1469
1470
(3) A provision specifying which pretreatment implementation activities,
1471
including individual wastewater discharge permit [or general permit {optional}]
1472
issuance, inspection and sampling, and enforcement, will be conducted by the
Aft
1473
contributing municipality; which of these activities will be conducted by [the
1474
Superintendent]; and which of these activities will be conducted jointly by the
Neow
1475
contributing municipality and [the Superintendent];
1476
1477
(4) A requirement for the contributing municipality to provide [the
1478
Superintendent] with access to all information that the contributing municipality
1479
obtains as part of its pretreatment activities;
1480
1481
(5) Limits on the nature, quality, and volume of the contributing municipality's
1482
wastewater at the point where it discharges to the POTW;
1483
1484
(6) Requirements for monitoring the contributing municipality's discharge;
1485
1486
(7) A provision ensuring [the Superintendent] access to the facilities of Users
1487
located within the contributing municipality's jurisdictional boundaries for the
1488
purpose of inspection, sampling, and any other duties deemed necessary by [the
1489
Superintendent]; and
1490
1491
(8) A provision specifying remedies available for breach of the terms of the
1492
intermunicipal agreement.
1493
1494
[Note: Where the contributing municipality has primary responsibility for permitting, compliance
1495
monitoring, or enforcement, the intermunicipal agreement should specify that the municipality (in which the
AM%
29
Packet Page -2103-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1496 POTW is located) has the right to take action to enforce the terms of the contributing municipality's
'97 ordinance or to impose and enforce Pretreatment Standards and Requirements directly against dischargers
,98 in the event the contributing jurisdiction is unable or unwilling to take such action.]
1499
1500 SECTION 6— REPORTING REQUIREMENTS
1501
1502 6.1 Baseline Monitoring Reports
1503
1504 [Note: Users that become subject to new or revised categorical Pretreatment Standards are required to
1505 comply with the following reporting requirements even if they have been designated as Non - Significant
1506 Categorical Industrial Users]
1507
1508 A. Within either one hundred eighty (180) days after the effective date of a categorical
1509 Pretreatment Standard, or the final administrative decision on a category determination
1510 under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users
1511 currently discharging to or scheduled to discharge to the POTW shall submit to [the
1512 Superintendent] a report which contains the information listed in paragraph B, below. At
1513 least ninety (90) days prior to commencement of their discharge, New Sources, and
1514 sources that become Categorical Industrial Users subsequent to the promulgation of an
1515 applicable categorical Standard, shall submit to [the Superintendent] a report which
1516 contains the information listed in paragraph B, below. A New Source shall report the
1517 method of pretreatment it intends to use to meet applicable categorical Standards. A New
1518 Source also shall give estimates of its anticipated flow and quantity of pollutants to be
1519 discharged.
'520
21 B. Users described above shall submit the information set forth below.
1522
1523 (1) All information required in Section 4.5A (1) (a), Section 4.5A (2), Section
1524 4.5A (3) (a), and Section 4.5A (6). [Note: See 40 CFR 403.12(b)(l) -(7)]
1525
1526 (2) Measurement of pollutants.
1527 a. The User shall provide the information required in Section 4.5 A (7) (a)
1528 through (d).
1529 b. The User shall take a minimum of one representative sample to compile that
1530 data necessary to comply with the requirements of this paragraph.
1531 c. Samples should be taken immediately downstream from pretreatment facilities
1532 if such exist or immediately downstream from the regulated process if no
1533 pretreatment exists. If other wastewaters are mixed with the regulated
1534 wastewater prior to pretreatment the User should measure the flows and
1535 concentrations necessary to allow use of the combined wastestream formula in
1536 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards.
1537 Where an alternate concentration or mass limit has been calculated in
1538 accordance with 40 CFR 403.6(e) this adjusted limit along with supporting
1539 data shall be submitted to the Control Authority;
1540 d. Sampling and analysis shall be performed in accordance with Section 6.10;
30
Packet Page -2104-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1541 e. The [Superintendent] may allow the submission of a baseline report which
1542 utilizes only historical data so long as the data provides information sufficient
1543 to determine the need for industrial pretreatment measures;
1544 f. The baseline report shall indicate the time, date and place of sampling and
1545 methods of analysis, and shall certify that such sampling and analysis is
1546 representative of normal work cycles and expected pollutant Discharges to the
1547 POTW.
1548
1549 (3) Compliance Certification. A statement, reviewed by the User's Authorized
1550 Representative as defined in Section 1.4 C and certified by a qualified
1551 professional, indicating whether Pretreatment Standards are being met on a
1552 consistent basis, and, if not, whether additional operation and maintenance
1553 (O &M) and /or additional pretreatment is required to meet the Pretreatment
1554 Standards and Requirements.
1555
1556 (4) Compliance Schedule. If additional pretreatment and /or O &M will be
1557 required to meet the Pretreatment Standards, the shortest schedule by which the
1558 User will provide such additional pretreatment and /or O &M must be provided.
1559 The completion date in this schedule shall not be later than the compliance date
1560 established for the applicable Pretreatment Standard. A compliance schedule
1561 pursuant to this Section must meet the requirements set out in Section 6.2 of this
1562 ordinance.
1563
1564 (5) Signature and Report Certification. All baseline monitoring reports must be
1565 certified in accordance with Section 6.14 A of this ordinance and signed by an
1566 Authorized Representative as defined in Section 1.4C.
1567
1568 6.2 Compliance Schedule Progress Reports
1569
1570 The following conditions shall apply to the compliance schedule required by Section
1571 6.1(B)(4) of this ordinance:
1572
1573 A. The schedule shall contain progress increments in the form of dates for the
1574 commencement and completion of major events leading to the construction and operation
1575 of additional pretreatment required for the User to meet the applicable Pretreatment
1576 Standards (such events include, but are not limited to, hiring an engineer, completing
1577 preliminary and final plans, executing contracts for major components, commencing and
1578 completing construction, and beginning and conducting routine operation);
1579
1580 B. No increment referred to above shall exceed nine (9) months;
1581
1582 C. The User shall submit a progress report to [the Superintendent] no later than fourteen
1583 (14) days following each date in the schedule and the final date of compliance including,
1584 as a minimum, whether or not it complied with the increment of progress, the reason for
1585 any delay, and, if appropriate, the steps being taken by the User to return to the
1586 established schedule; and
31
Packet Page -2105-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1587
88 D. In no event shall more than nine (9) months elapse between such progress reports to
1589 [the Superintendent].
1590
1591 6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
1592
1593 Within ninety (90) days following the date for final compliance with applicable categorical
1594 Pretreatment Standards, or in the case of a New Source following commencement of the
1595 introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and
1596 Requirements shall submit to [the Superintendent] a report containing the information described
1597 in Section 4.5A(6) and (7) and 6.1(B)(2) of this ordinance. For Users subject to equivalent mass
1598 or concentration limits established in accordance with the procedures in Section 2.2 [Note: See 40
1599 CFR 403.6(c)], this report shall contain a reasonable measure of the User's long -term production
1600 rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of
1601 allowable pollutant discharge per unit of production (or other measure of operation), this report
1602 shall include the User's actual production during the appropriate sampling period. All
1603 compliance reports must be signed and certified in accordance with Section 6.14 A of this
1604 ordinance. All .sampling will be done in conformance with Section 6.11.
1605
1606 6.4 Periodic Compliance Reports
1607
1608 [Note: All SIUs are required to submit periodic compliance reports even if they have been
1609 designated a Non - Significant Categorical Industrial User under the provisions of Section 6.4 C.]
610
,11 A. Except as specified in Section 6.4.C, all [Significant Industrial] Users must, at a
1612 frequency determined by [the Superintendent] submit no less than twice per year (June
1613 and December [or on dates specified]) reports indicating the nature, concentration of
1614 pollutants in the discharge which are limited by Pretreatment Standards and the measured
1615 or estimated average and maximum daily flows for the reporting period. In cases where
1616 the Pretreatment Standard requires compliance with a Best Management Practice (BMP)
1617 or pollution prevention alternative, the User must submit documentation required by [the
1618 Superintendent] or the Pretreatment Standard necessary to determine the compliance
1619 status of the User [Note: Required Streamlining Rule Change].
1620
1621 {Optional} [Note: The following optional provision may be included in the local ordinances only if
1622 authorized under State law. Criteria for monitoring waivers must also include any criteria defined in
1623 applicable State law requirements.]
1624
1625 B. The [City] may authorize an Industrial User subject to a categorical Pretreatment
1626 Standard to forego sampling of a pollutant regulated by a categorical Pretreatment
1627 Standard if the Industrial User has demonstrated through sampling and other technical
1628 factors that the pollutant is neither present nor expected to be present in the Discharge, or
1629 is present only at background levels from intake water and without any increase in the
1630 pollutant due to activities of the Industrial User. [see 40 CFR 403.12(e)(2)] This
1631 authorization is subject to the following conditions:
1632
32
Packet Page -2106-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1633 (1) The waiver may be authorized where a pollutant is determined to be present
1634 solely due to sanitary wastewater discharged from the facility provided that the
1635 sanitary wastewater is not regulated by an applicable categorical Standard and
1636 otherwise includes no process wastewater.
1637
1638 (2) The monitoring waiver is valid only for the duration of the effective period of
1639 the individual wastewater discharge permit, but in no case longer than 5 years.
1640 The User must submit a new request for the waiver before the waiver can be
1641 granted for each subsequent individual wastewater discharge permit. See Section
1642 4.5A(8).
1643
1644 (3) In making a demonstration that a pollutant is not present, the Industrial User
1645 must provide data from at least one sampling of the facility's process wastewater
1646 prior to any treatment present at the facility that is representative of all wastewater
1647 from all processes.
1648
1649 (4) The request for a monitoring waiver must be signed in accordance with
1650 Section 1.4C, and include the certification statement in 6.14 A (40 CFR
1651 403.6(a)(2)(ii)).
1652
1653 (5) Non - detectable sample results may be used only as a demonstration that a
1654 pollutant is not present if the EPA approved method from 40 CFR Part 136 with
1655 the lowest minimum detection level for that pollutant was used in the analysis.
1656
1657 (6) Any grant of the monitoring waiver by the [Superintendent] must be included
1658 as a condition in the User's permit. The reasons supporting the waiver and any
1659 information submitted by the User in its request for the waiver must be
1660 maintained by the [Superintendent] for 3 years after expiration of the waiver.
1661
1662 (7) Upon approval of the monitoring waiver and revision of the User's permit by
1663 the [Superintendent], the Industrial User must certify on each report with the
1664 statement in Section 6.14 C below, that there has been no increase in the pollutant
1665 in its wastestream due to activities of the Industrial User.
1666
1667 (8) In the event that a waived pollutant is found to be present or is expected to be
1668 present because of changes that occur in the User's operations, the User must
1669 immediately: Comply with the monitoring requirements of Section 6.4 A, or other
1670 more frequent monitoring requirements imposed by the [Superintendent], and
1671 notify the [Superintendent].
1672
1673 (9) This provision does not supersede certification processes and requirements
1674 established in categorical Pretreatment Standards, except as otherwise specified in
1675 the categorical Pretreatment Standard.
1676
1677 [ {Optional} Note: The following optional provision may be included in the local ordinances only if authorized
1678 under State law. Criteria for reduced reporting must also include any criteria defined in applicable State
1679 law.]
33
Packet Page -2107-
EPA Model Pretreatment Ordinance
IIrel -I ;
12/13/2011 Item 16.C.12.
81
C. The [City] may reduce the requirement for periodic compliance reports [see Section
1 682
6.4 A (40 CFR 403.12(e)(1))] to a requirement to report no less frequently than once a
1683
year, unless required more frequently in the Pretreatment Standard or by the [EPA/State],
1684
where the Industrial User's total categorical wastewater flow does not exceed any of the
1685
following:
1686
1687
(1) [insert POTW's value for 0.01 percent of the POTW's design dry- weather
1688
hydraulic capacity of the POTW], or five thousand (5,000) gallons per day,
1689
whichever is smaller, as measured by a continuous effluent flow monitoring
1690
device unless the Industrial User discharges in batches]
1691
1692
(2) [insert POTW's value for 0.01 percent of the design dry- weather organic
1693
treatment capacity of the POTW]; and
1694
1695
(3) [Insert POTW's value for 0.01 percent of the maximum allowable headworks
1696
loading for any pollutant regulated by the applicable categorical Pretreatment
1697
Standard for which approved Local Limits were developed in accordance with
1698
Section 2.4 of this ordinance.] [Note: For example, if the POTW's maximum allowable
1699
headworks loading for copper is 5 pounds, then 0.01 percent would be 0.0005 pounds; the
1700
POTW would need to do this calculation for each pollutant for which it has approved Local
1701
Limits.]
1702
1703
Reduced reporting is not available to Industrial Users that have in the last two (2) years
'04
been in Significant Noncompliance, as defined in Section 9 of this ordinance. In
105
addition, reduced reporting is not available to an Industrial User with daily flow rates,
1706
production levels, or pollutant levels that vary so significantly that, in the opinion of the
1707
[Superintendent], decreasing the reporting requirement for this Industrial User would
1708
result in data that are not representative of conditions occurring during the reporting
1709
period.
1710
1711
D. All periodic compliance reports must be signed and certified in accordance with
1712
Section 6.14 A of this ordinance.
1713
1714
E. All wastewater samples must be representative of the User's discharge. Wastewater
1715
monitoring and flow measurement facilities shall be properly operated, kept clean, and
1716
maintained in good working order at all times. The failure of a User to keep its
1717
monitoring facility in good working order shall not be grounds for the User to claim that
1718
sample results are unrepresentative of its discharge. [Note: This paragraph supports the
1719
Required Streamlining Rule Changes.]
1720
1721
F. If a User subject to the reporting requirement in this section monitors any regulated
1722
pollutant at the appropriate sampling location more frequently than required by [the
1723
Superintendent], using the procedures prescribed in Section 6.11 of this ordinance, the
1724
results of this monitoring shall be included in the report. [Note: See 40 CFR 403.12(g)(6)]
1725
34
Packet Page -2108-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1726 {Optionall [Note: The following optional provision may be included in the local ordinances only where the
1727 POTW has been authorized by EPA to accept electronic reports from its Ws and State law authorizes it.]
1728
1729 G. Users that send electronic (digital) documents to [the City] to satisfy the requirements
1730 of this Section must: [specify POTW requirements for IU submittal of electronic reports
1731 here. [Note: POTWs that choose to receive electronic documents must satisfy the requirements of
1732 40 CFR Part 3-- (Electronic reporting)]
1733
1734 6.5 Reports of Changed Conditions
1735
1736 Each User must notify [the Superintendent] of any significant changes to the User's operations or
1737 system which might alter the nature, quality, or volume of its wastewater at least
1738 days before the change.
1739
1740 A. [The Superintendent] may require the User to submit such information as may be
1741 deemed necessary to evaluate the changed condition, including the submission of a
1742 wastewater discharge permit application under Section 4.5 of this ordinance.
1743
1744 B. [The Superintendent] may issue an individual wastewater discharge permit [or a
1745 general permit {optional)] under Section 5.7 of this ordinance or modify an existing
1746 wastewater discharge permit [or a general permit (optional)] under Section 5.4 of this
1747 ordinance in response to changed conditions or anticipated changed conditions.
1748
1749 6.6 Reports of Potential Problems
1750
1751
A. In the case of any discharge, including, but not limited to, accidental discharges,
1752
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug
1753
Discharge or Slug Load, that might cause potential problems for the POTW, the User
1754
shall immediately telephone and notify [the Superintendent] of the incident. This
1755
notification shall include the location of the discharge, type of waste, concentration and
1756
volume, if known, and corrective actions taken by the User.
1757
1758
B. Within five (5) days following such discharge, the User shall, unless waived by [the
1759
Superintendent], submit a detailed written report describing the cause(s) of the discharge
1760
and the measures to be taken by the User to prevent similar future occurrences. Such
1761
notification shall not relieve the User of any expense, loss, damage, or other liability
1762
which might be incurred as a result of damage to the POTW, natural resources, or any
1763
other damage to person or property; nor shall such notification relieve the User of any
1764
fines, penalties, or other liability which may be imposed pursuant to this ordinance.
1765
{Optional) [Note: This report is not required under the General Pretreatment Regulations and,
1766
therefore, is optional.]
1767
1768
C. A notice shall be permanently posted on the User's bulletin board or other prominent
1769
place advising employees who to call in the event of a discharge described in paragraph
1770
A, above. Employers shall ensure that all employees, who could cause such a discharge
1771
to occur, are advised of the emergency notification procedure.
1772
35
Packet Page -2109-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1773 D. Significant Industrial Users are required to notify the [Superintendent] immediately of
74 any changes at its facility affecting the potential for a Slug Discharge. [Note. Required
75 Streamlining Rule Change]
1776
1777 6.7 Reports from Unpermitted Users
1778
1779 All Users not required to obtain an individual wastewater discharge permit [or general permit
1780 {optional}] shall provide appropriate reports to [the Superintendent] as [the Superintendent] may
1781 require.
1782
1783 6.8 Notice of Violation/Repeat Sampling and Reporting
1784
1785 If sampling performed by a User indicates a violation, the User must notify [the Superintendent]
1786 within twenty -four (24) hours of becoming aware of the violation. The User shall also repeat the
1787 sampling and analysis and submit the results of the repeat analysis to [the Superintendent] within
1788 thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not
1789 required if [the City] performs sampling at the User's facility at least once a month, or if [the
1790 City] performs sampling at the User between the time when the initial sampling was conducted
1791 and the time when the User or [the City] receives the results of this sampling, or if [the City] has
1792 performed the sampling and analysis in lieu of the Industrial User.
1793
1794 jNote: Required Streamlining Rule Change needed if POTW performs sampling in lieu of the Industrial Users.
1795 If the City performed the sampling and analysis in lieu of the Industrial User, the City will perform the
1796 repeat sampling and analysis unless it notifies the User of the violation and requires the User to perform the
'7 97 repeat sampling and analysis. See 40 CFR 403.12(g) (2).1
98
1799 6.9 Notification of the Discharge of Hazardous Waste
1800
1801 [Note: The municipality may choose to prohibit the discharge of hazardous wastes.]
1802
1803 A. Any User who commences the discharge of hazardous waste shall notify the POTW,
1804 the EPA Regional Waste Management Division Director, and State hazardous waste
1805 authorities, in writing, of any discharge into the POTW of a substance which, if otherwise
1806 disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must
1807 include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA
1808 hazardous waste number, and the type of discharge (continuous, batch, or other). If the
1809 User discharges more than one hundred (100) kilograms of such waste per calendar
1810 month to the POTW, the notification also shall contain the following information to the
1811 extent such information is known and readily available to the User: an identification of
1812 the hazardous constituents contained in the wastes, an estimation of the mass and
1813 concentration of such constituents in the wastestream discharged during that calendar
1814 month, and an estimation of the mass of constituents in the wastestream expected to be
1815 discharged during the following twelve (12) months. All notifications must take place no
1816 later than one hundred and eighty (180) days after the discharge commences. Any
1817 notification under this paragraph need be submitted only once for each hazardous waste
1818 discharged. However, notifications of changed conditions must be submitted under
1819 Section 6.5 of this ordinance. The notification requirement in this Section does not apply
36
Packet Page -2110-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1820
to pollutants already reported by Users subject to categorical Pretreatment Standards
1821
under the self - monitoring requirements of Sections 6.1, 6.3, and 6.4 of this ordinance.
1822
1823
B. Dischargers are exempt from the requirements of paragraph A, above, during a
1824
calendar month in which they discharge no more than fifteen (15) kilograms of
1825
hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR
1826
261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute
1827
hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as
1828
specified in 40 CFR 261.30(d) and 261.33(e), requires a one -time notification.
1829
Subsequent months during which the User discharges more than such quantities of any
1830
hazardous waste do not require additional notification.
1831
1832 C. In the case of any new regulations under section 3001 of RCRA identifying additional
1833 characteristics of hazardous waste or listing any additional substance as a hazardous
1834 waste, the User must notify [the Superintendent], the EPA Regional Waste Management
1835 Waste Division Director, and State hazardous waste authorities of the discharge of such
1836 substance within ninety (90) days of the effective date of such regulations.
1837
1838 D. In the case of any notification made under this Section, the User shall certify that it
1839 has a program in place to reduce the volume and toxicity of hazardous wastes generated
1840 to the degree it has determined to be economically practical.
1841
1842 E. This provision does not create a right to discharge any substance not otherwise
1843 permitted to be discharged by this ordinance, a permit issued thereunder, or any
1844 applicable Federal or State law.
1845
1846 6.10 Analytical Requirements
1847
1848 All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater
1849 discharge permit application or report shall be performed in accordance with the techniques
1850 prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an
1851 applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or
1852 analytical techniques for the pollutant in question, or where the EPA determines that the Part 136
1853 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and
1854 analyses shall be performed by using validated analytical methods or any other applicable
1855 sampling and analytical procedures, including procedures suggested by the [Superintendent] or
1856 other parties approved by EPA.
1857
1858 6.11 Sample Collection
1859
1860 Samples collected to satisfy reporting requirements must be based on data obtained through
1861 appropriate sampling and analysis performed during the period covered by the report, based on
1862 data that is representative of conditions occurring during the reporting period. [vote: The Control
1863 Authority is require to indicate the frequency of monitoring necessary to assess and assure compliance by the
1864 User with applicable Pretreatment Standards and Requirements.]
1865
37
Packet Page -2111-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1866 [Note: In the Streamlining Rule changes, Paragraphs A and B below have been deleted from 40 CFR
'67 403.12(b)(5) and added to 40 CFR 403.12(8)(3). The original paragraphs relate to Categorical Industrial User
_i68 monitoring reports only while the relocated paragraphs apply to all Stu monitoring.]
1869
1870 A. Except as indicated in Section B and C below, the User must collect wastewater
1871 samples using 24 -hour flow - proportional composite sampling techniques, unless
1872 time - proportional composite sampling or grab sampling is authorized by [the
1873 Superintendent]. Where time - proportional composite sampling or grab sampling is
1874 authorized by [the City], the samples must be representative of the discharge. Using
1875 protocols (including appropriate preservation) specified in 40 CFR Part 136 and
1876 appropriate EPA guidance, multiple grab samples collected during a 24 -hour period may
1877 be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the
1878 samples may be composited in the laboratory or in the field; for volatile organics and oil
1879 and grease, the samples may be composited in the laboratory. Composite samples for
1880 other parameters unaffected by the compositing procedures as documented in approved
1881 EPA methodologies may be authorized by [the City], as appropriate. In addition, grab
1882 samples may be required to show compliance with Instantaneous Limits. [Note: Required
1883 Streamlining Rule Change. See 40 CFR 403.12(8)(3)]
1884
1885 B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and
1886 volatile organic compounds must be obtained using grab collection techniques.
1887
1888 C. For sampling required in support of baseline monitoring and 90 -day compliance
1889 reports required in Section 6.1 and 6.3 [40 CFR 403.12(b) and (d)], a minimum of four
'90 (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and
d91 volatile organic compounds for facilities for which historical sampling data do not exist;
1892 for facilities for which historical sampling data are available, [the Superintendent] may
1893 authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR
1894 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab
1895 samples necessary to assess and assure compliance by with applicable Pretreatment
1896 Standards and Requirements. [Note: Required Streamlining Rule Change, see 40 CFR
1897 403.12(g)(4�1
1898
1899 6.12 Date of Receipt of Reports
1900
1901 Written reports will be deemed to have been submitted on the date postmarked. For reports,
1902 which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal
1903 Service, the date of receipt of the report shall govern.
1904
1905 6.13 Recordkeeping
1906
1907 Users subject to the reporting requirements of this ordinance shall retain, and make available for
1908 inspection and copying, all records of information obtained pursuant to any monitoring activities
1909 required by this ordinance, any additional records of information obtained pursuant to
1910 monitoring activities undertaken by the User independent of such requirements, and
1911 documentation associated with Best Management Practices established under Section 2.4 C.
1912 Records shall include the date, exact place, method, and time of sampling, and the name of the
38
Packet Page -2112-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1913 person(s) taking the samples; the dates analyses were performed; who performed the analyses;
1914 the analytical techniques or methods used; and the results of such analyses. These records shall
1915 remain available for a period of at least three (3) years. This period shall be automatically
1916 extended for the duration of any litigation concerning the User or [the City], or where the User
1917 has been specifically notified of a longer retention period by [the Superintendent]. [Note: The
1918 recordkeeping requirements for BMPs are a Required Streamlining Rule Change.]
1919
1920 6.14 Certification Statements
1921
1922 [Note: This Section has been modified to consolidate the certification statements previously listed elsewhere.
1923 Section 4.7A &C— Certification of all wastewater discharge permit applications, and User reports and annual
1924 certification of NSCIUs, Section 6.4B(4)- 11initial" certification for pollutants not present, Section 6AB (7)—
1925 Certification of periodic reports of pollutants not present, Section 6.4D— Certification of all periodic
1926 compliance reports.]
1927
1928 [Note: 40 CFR 403.12 (1) requires that the certification which follows be provided for 1U Baseline Monitoring
1929 Reports (BMRs) (403.12(b), IU Reports on Compliance with Categorical Pretreatment Standards Deadline
1930 (90 -day compliance report) (403.12(d), CIU Periodic Reports on Continued Compliance (403.12(e)) and the
1931 initial request from CIUs to forego Monitoring for Pollutants Not Present. In addition to ClUs, the model
1932 ordinance requires this certification statement for all wastewater discharge permit applications and User
1933 reports. Furthermore, the POTW should require this certification statement for all noncategorical SIU
1934 compliance reports.]
1935
1936 A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver -
1937 The following certification statement is required to be signed and submitted by Users
1938 submitting permit applications in accordance with Section 4.7; Users submitting baseline
1939 monitoring reports under Section 6.1 B (5) [Note: See 40 CFR 403.12 (1)]; Users submitting
1940 reports on compliance with the categorical Pretreatment Standard deadlines under Section
1941 6.3 [Note: See 40 CFR 403.12(d)]; Users submitting periodic compliance reports required by
1942 Section 6.4 A –D [Note: See 40 CFR 403.12(e) and (h)], and Users submitting an initial request
1943 to forego sampling of a pollutant on the basis of Section 6.4B(4)[Note: See 40 CFR
1944 403.12(e)(2)(iii)]. The following certification statement must be signed by an Authorized
1945 Representative as defined in Section 1.4 C:
1946
1947
I certify under penalty of law that this document and all attachments were
1948
prepared under my direction or supervision in accordance with a system designed
1949
to assure that qualified personnel properly gather and evaluate the information
1950
submitted. Based on my inquiry of the person or persons who manage the system,
1951
or those persons directly responsible for gathering the information, the
1952
information submitted is, to the best of my knowledge and belief, true, accurate,
1953
and complete. I am aware that there are significant penalties for submitting false
1954
information, including the possibility of fine and imprisonment for knowing
1955
violations.
1956
1957 {Optional} [Note: The following optional provision is required if the municipality has incorporated Section
1958 1.4 GG(3) into its ordinance].
1959
1960 B. Annual Certification for Non - Significant Categorical Industrial Users —A facility
1961 determined to be a Non - Significant Categorical Industrial User by [the Superintendent]
7CE
Packet Page -2113-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1962 pursuant to 1.4 GG(3) and 4.7 C [Note: See 40 CFR 403.3(v)(2)1 must annually submit the
63 following certification statement signed in accordance with the signatory requirements in
i 964 1.4 C [Note: See 40 CFR 403.120(1)]. This certification must accompany an alternative report
1965 required by [the Superintendent]:
1966
1967 Based on my inquiry of the person or persons directly responsible for
1968 managing compliance with the categorical Pretreatment Standards under
1969 40 CFR , I certify that, to the best of my knowledge and belief that
1970 during the period from to ,
1971 [months, days, year]:
1972
1973 (a) The facility described as
1974 [facility name] met the definition of a Non - Significant Categorical
1975 Industrial User as described in 1.4 GG (3); [Note: See 40 CFR 403.3(v)(2)]
1976
1977 (b) The facility complied with all applicable Pretreatment Standards and
1978 requirements during this reporting period; and (c) the facility never
1979 discharged more than 100 gallons of total categorical wastewater on any
1980 given day during this reporting period.
1981
1982
1983
1984
'A85
86
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
This compliance certification is based on the following information.
{Optional] [Note: The following optional provision is required if the municipality has incorporated Section
6.4 B into its ordinance].
E
C. Certification of Pollutants Not Present
Users that have an approved monitoring waiver based on Section 6.4 B must certify on
each report with the following statement that there has been no increase in the pollutant
in its wastestream due to activities of the User. [Note: See 40 CFR 403.12(e)(2)(v)]
Based on my inquiry of the person or persons directly responsible for managing
compliance with the Pretreatment Standard for 40 CFR [specify
applicable National Pretreatment Standard part(s)], I certify that, to the best of my
knowledge and belief, there has been no increase in the level of [list
pollutant(s)] in the wastewaters due to the activities at the facility since filing of
the last periodic report under Section 6A.A.
Packet Page -2114-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
2005 SECTION 7-- COMPLIANCE MONITORING
2006
2007 7.1 Right of Entry: Inspection and Sampling
2008
2009 [The Superintendent] shall have the right to enter the premises of any User to determine whether
2010 the User is complying with all requirements of this ordinance and any individual wastewater
2011 discharge permit [or general permit {optional }] or order issued hereunder. Users shall allow [the
2012 Superintendent] ready access to all parts of the premises for the purposes of inspection,
2013 sampling, records examination and copying, and the performance of any additional duties.
2014
2015
A. Where a User has security measures in force which require proper identification and
2016
clearance before entry into its premises, the User shall make necessary arrangements with
2017
its security guards so that, upon presentation of suitable identification, [the
2018
Superintendent] shall be permitted to enter without delay for the purposes of performing
2019
specific responsibilities.
2020
2021
B. [The Superintendent] shall have the right to set up on the User's property, or require
2022
installation of, such devices as are necessary to conduct sampling and /or metering of the
2023
User's operations.
2024
2025 C. [The Superintendent] may require the User to install monitoring equipment as
2026 necessary. The facility's sampling and monitoring equipment shall be maintained at all
2027 times in a safe and proper operating condition by the User at its own expense. All
2028 devices used to measure wastewater flow and quality shall be calibrated [insert desired
2029 frequency] to ensure their accuracy.
2030
2031 D. Any temporary or permanent obstruction to safe and easy access to the facility to be
2032 inspected and /or sampled shall be promptly removed by the User at the written or verbal
2033 request of [the Superintendent] and shall not be replaced. The costs of clearing such
2034 access shall be born by the User.
2035
2036 E. Unreasonable delays in allowing [the Superintendent] access to the User's premises
2037 shall be a violation of this ordinance.
2038
2039 [Note: POTWs should consider situations when the monitoring facility is constructed in the public right -of-
2040 way or easement, in an unobstructed location. The ordinance should indicate that the location of the
2041 monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling
2042 and preparation of samples and analysis and whether constructed on public or private property, the
2043 monitoring facilities should be provided in accordance with the [Supervisor's] requirements and all
2044 applicable local construction standards and specifications, and such facilities shall be constructed and
2045 maintained in such manner so as to enable the [Supervisor] to perform independent monitoring activities.]
2046
2047
41
Packet Page -2115-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
2048 7.2 Search Warrants
49
z-050 [Note: The specific process by which search warrants may be issued will vary from City to City. The
2051 procedure will likely be a matter of State law. This provision will need to be adjusted based on the particular
2052 procedure followed in that State and City.]
2053
2054 If [the Superintendent] has been refused access to a building, structure, or property, or any part
2055 thereof, and is able to demonstrate probable cause to believe that there may be a violation of this
2056 ordinance, or that there is a need to inspect and /or sample as part of a routine inspection and
2057 sampling program of [the City] designed to verify compliance with this ordinance or any pen-nit
2058 or order issued hereunder, or to protect the overall public health, safety and welfare of the
2059 community, [the Superintendent] may seek issuance of a search warrant from the [insert name of
2060 appropriate Court] of [the City or State].
2061
2062 SECTION 8— CONFIDENTIAL INFORMATION
2063
2064 Information and data on a User obtained from reports, surveys, wastewater discharge permit
2065 applications, individual wastewater discharge permits, [general permits, (optional)] and
2066 monitoring programs, and from [the Superintendent's] inspection and sampling activities, shall
2067 be available to the public without restriction, unless the User specifically requests, and is able to
2068 demonstrate to the satisfaction of [the Superintendent], that the release of such information
2069 would divulge information, processes, or methods of production entitled to protection as trade
2070 secrets under applicable State law. Any such request must be asserted at the time of submission
2071 of the information or data. When requested and demonstrated by the User furnishing a report
72 that such information should be held confidential, the portions of a report which might disclose
/-073 trade secrets or secret processes shall not be made available for inspection by the public, but
2074 shall be made available immediately upon request to governmental agencies for uses related to
2075 the NPDES program or pretreatment program, and in enforcement proceedings involving the
2076 person furnishing the report. Wastewater constituents and characteristics and other effluent data,
2077 as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be
2078 available to the public without restriction.
2079
2080 SECTION 9— PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
2081
2082 [Note: Unless the optional (underlined) revisions to the SNC provisions have been made by the State, the
2083 POTW must retain the previous requirements. The optional revisions include the public notice in a
2084 newspaper of general circulation that provides meaningful public notice within the jurisdiction, publishing
2085 SIUs and other IUs that have adversely affected the POTW, and that IU reports submitted more than 45 days
2086 late constitutes SNC. See 40 CFR 403.8(f) (2)(viii)(A -C).]
2087
2088 [The Superintendent] shall publish annually, in a newspaper of general circulation that provides
2089 meaningful ublic notice within the jurisdictions served by [the POTWI, a list of the Users
2090 which, at any time during the previous twelve (12) months, were in Significant Noncompliance
2091 with applicable Pretreatment Standards and Requirements. The tern Significant Noncompliance
2092 shall be applicable to all Significant Industrial Users (or any other Industrial User that violates
2093 paragraphs (C), (D) or (H) of this Section) and shall mean:
2094
42
Packet Page -2116-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
2095 A. Chronic violations of wastewater discharge limits, defined here as those in which
2096 sixty -six percent (66 %) or more of all the measurements taken for the same pollutant
2097 parameter taken during a six- (6 -) month period exceed (by any magnitude) a numeric
2098 Pretreatment Standard or Requirement, including Instantaneous Limits as defined in
2099 Section 2; [Note: Required Streamlining Rule Change, see 40 CFR 403.3(1)]
2100
2101 B. Technical Review Criteria (TRC) violations, defined here as those in which
2102 thirty-three percent (33 %) or more of wastewater measurements taken for each pollutant
2103 parameter during a six- (6 -) month period equals or exceeds the product of the numeric
2104 Pretreatment Standard or Requirement including Instantaneous Limits, as defined by
2105 Section 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease,
2106 and 1.2 for all other pollutants except pH); [Note: Required Streamlining Rule Change, see 40
2107 CFR 403.3(1)]
2108
2109 C. Any other violation of a Pretreatment Standard or Requirement as defined by Section
2110 2 (Daily Maximum, long -term average, Instantaneous Limit, or narrative standard) that
2111 [the Superintendent] determines has caused, alone or in combination with other
2112 discharges, Interference or Pass Through, including endangering the health of POTW
2113 personnel or the general public; [Required Streamlining Rule Change, see 40 CFR 403.3(1)]
2114
2115 D. Any discharge of a pollutant that has caused imminent endangerment to the public or
2116 to the environment, or has resulted in [the Superintendent's] exercise of its emergency
2117 authority to halt or prevent such a discharge;
2118
2119 E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
2120 milestone contained in an individual wastewater discharge permit [or a general permit
2121 (optional)] or enforcement order for starting construction, completing construction, or
2122 attaining final compliance;
2123
2124 F. Failure to provide within fo -five (45) days after the due date, any required reports,
2125 including baseline monitoring reports, reports on compliance with categorical
2126 Pretreatment Standard deadlines, periodic self - monitoring reports, and reports on
2127 compliance with compliance schedules;
2128
2129 G. Failure to accurately report noncompliance; or
2130
2131 H. Any other violation(s), which may include a violation of Best Management Practices
2132 which [the Superintendent] determines will adversely affect the operation or
2133 implementation of the local pretreatment program.
2134
2135 SECTION 10— ADMINISTRATIVE ENFORCEMENT REMEDIES
2136
2137 [Note: The municipality must refer to State law to see if the remedies listed in Sections 10, 11, and 12 are
2138 allowable. The municipality must have the authority to seek injunctive relief for noncompliance and to seek
2139 or assess penalties of at least $1,000 a day for each violation of Pretreatment Standards or Requirements by
2140 Industrial Users.]
2141
43
Packet Page -2117-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
? 142 10.1 Notification of Violation
43
1144 When [the Superintendent] finds that a User has violated, or continues to violate, any provision
2145 of this ordinance, an individual wastewater discharge permit, [or a general permit {optional}] or
2146 order issued hereunder, or any other Pretreatment Standard or Requirement, [the Superintendent]
2147 may serve upon that User a written Notice of Violation. Within [ ( )] days of the
2148 receipt of such notice, an explanation of the violation and a plan for the satisfactory correction
2149 and prevention thereof, to include specific required actions, shall be submitted by the User to
2150 [the Superintendent]. Submission of such a plan in no way relieves the User of liability for any
2151 violations occurring before or after receipt of the Notice of Violation. Nothing in this Section
2152 shall limit the authority of [the Superintendent] to take any action, including emergency actions
2153 or any other enforcement action, without first issuing a Notice of Violation.
2154
2155 10.2 Consent Orders
2156
2157 [The Superintendent] may enter into Consent Orders, assurances of compliance, or other similar
2158 documents establishing an agreement with any User responsible for noncompliance. Such
2159 documents shall include specific action to be taken by the User to correct the noncompliance
2160 within a time period specified by the document. Such documents shall have the same force and
2161 effect as the administrative orders issued pursuant to Sections 10.4 and 10.5 of this ordinance
2162 and shall be judicially enforceable.
2163
2164 10.3 Show Cause Hearing
"165
,66 [The Superintendent] may order a User which has violated, or continues to violate, any provision
2167 of this ordinance, an individual wastewater discharge permit, [or a general permit {optional}] or
2168 order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before [the
2169 Superintendent] and show cause why the proposed enforcement action should not be taken.
2170 Notice shall be served on the User specifying the time and place for the meeting, the proposed
2171 enforcement action, the reasons for such action, and a request that the User show cause why the
2172 proposed enforcement action should not be taken. The notice of the meeting shall be served
2173 personally or by registered or certified mail (return receipt requested) at least �— L-]
2174 days prior to the hearing. Such notice may be served on any Authorized Representative of the
2175 User as defined in Section 1.4 C and required by Section 4.7 A. A show cause hearing shall not
2176 be a bar against, or prerequisite for, taking any other action against the User.
2177
2178 10.4 Compliance Orders
2179
2180 When [the Superintendent] finds that a User has violated, or continues to violate, any provision
2181 of this ordinance, an individual wastewater discharge permit, [or a general permit (optional)] or
2182 order issued hereunder, or any other Pretreatment Standard or Requirement, [the Superintendent]
2183 may issue an order to the User responsible for the discharge directing that the User come into
2184 compliance within a specified time. If the User does not come into compliance within the time
2185 provided, sewer service may be discontinued unless adequate treatment facilities, devices, or
2186 other related appurtenances are installed and properly operated. Compliance orders also may
2187 contain other requirements to address the noncompliance, including additional self - monitoring
44
Packet Page -2118-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
2188 and management practices designed to minimize the amount of pollutants discharged to the
2189 sewer. A compliance order may not extend the deadline for compliance established for a
2190 Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability
2191 for any violation, including any continuing violation. Issuance of a compliance order shall not
2192 be a bar against, or a prerequisite for, taking any other action against the User.
2193
2194 10.5 Cease and Desist Orders
2195
2196 When [the Superintendent] finds that a User has violated, or continues to violate, any provision
2197 of this ordinance, an individual wastewater discharge permit, [or a general permit {optional}] or
2198 order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User's
2199 past violations are likely to recur, [the Superintendent] may issue an order to the User directing it
2200 to cease and desist all such violations and directing the User to:
2201
2202 A. Immediately comply with all requirements; and
2203
2204 B. Take such appropriate remedial or preventive action as may be needed to properly
2205 address a continuing or threatened violation, including halting operations and/or
2206 terminating the discharge. Issuance of a cease and desist order shall not be a bar
2207 against, or a prerequisite for, taking any other action against the User.
2208
2209 10.6 Administrative Fines
2210
2211 [Note: The municipality should consult State law to determine whether it has the legal authority to impose
2212 administrative penalties.]
2213
2214 A. When [the Superintendent] finds that a User has violated, or continues to violate, any
2215 provision of this ordinance, an individual wastewater discharge permit, [or a general
2216 permit loptional }] or order issued hereunder, or any other Pretreatment Standard or
2217 Requirement, [the Superintendent] may fine such User in an amount not to exceed [insert
2218 maximum fine allowed under State Law]. Such fines shall be assessed on a per - violation,
2219 per -day basis. In the case of monthly or other long-term average discharge limits, fines
2220 shall be assessed for each day during the period of violation.
2221
2222 B. Unpaid charges, fines, and penalties shall, after �_ �)] calendar days, be
2223 assessed an additional penalty of [ percent C___ %)] of the unpaid balance, and
2224 interest shall accrue thereafter at a rate of [ percent L___%)] per month. A lien
2225 against the User's property shall be sought for unpaid charges, fines, and penalties.
2226
2227 C. Users desiring to dispute such fines must file a written request for [the
2228 Superintendent] to reconsider the fine along with full payment of the fine amount within
2229 1 L___,] days of being notified of the fine. Where a request has merit, [the
2230 Superintendent] may convene a hearing on the matter. In the event the User's appeal is
2231 successful, the payment, together with any interest accruing thereto, shall be returned to
2232 the User. [The Superintendent] may add the costs of preparing administrative
2233 enforcement actions, such as notices and orders, to the fine.
2234
45
Packet Page -2119-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
?235 D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for,
36 taking any other action against the User.
2237
2238 10.7 Emergency Suspensions
2239
2240 [The Superintendent] may immediately suspend a User's discharge, after informal notice to the
2241 User, whenever such suspension is necessary to stop an actual or threatened discharge, which
2242 reasonably appears to present, or cause an imminent or substantial endangerment to the health or
2243 welfare of persons. [The Superintendent] may also immediately suspend a User's discharge,
2244 after notice and opportunity to respond, that threatens to interfere with the operation of the
2245 POTW, or which presents, or may present, an endangerment to the environment.
2246
2247 A. Any User notified of a suspension of its discharge shall immediately stop or eliminate
2248 its contribution. In the event of a User's failure to immediately comply voluntarily with
2249 the suspension order, [the Superintendent] may take such steps as deemed necessary,
2250 including immediate severance of the sewer connection, to prevent or minimize damage
2251 to the POTW, its receiving stream, or endangerment to any individuals. [The
2252 Superintendent] may allow the User to recommence its discharge when the User has
2253 demonstrated to the satisfaction of [the Superintendent] that the period of endangerment
2254 has passed, unless the termination proceedings in Section 10.8 of this ordinance are
2255 initiated against the User.
2256
2257 B. A User that is responsible, in whole or in part, for any discharge presenting imminent
'?58 endangerment shall submit a detailed written statement, describing the causes of the
_59 harmful contribution and the measures taken to prevent any future occurrence, to [the
2260 Superintendent] prior to the date of any show cause or termination hearing under Sections
2261 10.3 or 10.8 of this ordinance.
2262
2263 Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency
2264 Suspension under this Section.
2265
2266 10.8 Termination of Discharge
2267
2268 In addition to the provisions in Section 5.6 of this ordinance, any User who violates the
2269 following conditions is subject to discharge termination:
2270
2271 A. Violation of individual wastewater discharge permit [or general permit {optional}]
2272 conditions;
2273
2274 B. Failure to accurately report the wastewater constituents and characteristics of its
2275 discharge;
2276
2277 C. Failure to report significant changes in operations or wastewater volume, constituents,
2278 and characteristics prior to discharge;
2279
46
Packet Page -2120-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
2280 D. Refusal of reasonable access to the User's premises for the purpose of inspection,
2281 monitoring, or sampling; or
2282
2283 E. Violation of the Pretreatment Standards in Section 2 of this ordinance.
2284
2285 Such User will be notified of the proposed termination of its discharge and be offered an
2286 opportunity to show cause under Section 10.3 of this ordinance why the proposed action should
2287 not be taken. Exercise of this option by [the Superintendent] shall not be a bar to, or a
2288 prerequisite for, taking any other action against the User.
2289
2290 SECTION 11— JUDICIAL ENFORCEMENT REMEDIES
2291
2292 11.1 Injunctive Relief
2293
2294 When [the Superintendent] finds that a User has violated, or continues to violate, any provision
2295 of this ordinance, an individual wastewater discharge permit, [or a general permit (optional)] or
2296 order issued hereunder, or any other Pretreatment Standard or Requirement, [the Superintendent]
2297 may petition the [insert name of appropriate Court] through [the City's] Attorney for the issuance
2298 of a temporary or permanent injunction, as appropriate, which restrains or compels the specific
2299 performance of the individual wastewater discharge permit, [the general permit, {optional)] order,
2300 or other requirement imposed by this ordinance on activities of the User. [The Superintendent]
2301 may also seek such other action as is appropriate for legal and/or equitable relief, including a
2302 requirement for the User to conduct environmental remediation. A petition for injunctive relief
2303 shall not be a bar against, or a prerequisite for, taking any other action against a User.
2304
2305 11.2 Civil Penalties
2306
2307 [Note: The municipality must have the minimum authority to seek civil or criminal penalties in the amount of
2308 at least $1,000 per day per violation.]
2309
2310 A. A User who has violated, or continues to violate, any provision of this ordinance, an
2311 individual wastewater discharge permit, [or a general permit {optional}] or order issued
2312 hereunder, or any other Pretreatment Standard or Requirement shall be liable to [the City]
2313 for a maximum civil penalty of [insert maximum allowed under State law but not less
2314 than $1,000] per violation, per day. In the case of a monthly or other long -term average
2315 discharge limit, penalties shall accrue for each day during the period of the violation.
2316
2317 B. [The Superintendent] may recover reasonable attorneys' fees, court costs, and other
2318 expenses associated with enforcement activities, including sampling and monitoring
2319 expenses, and the cost of any actual damages incurred by [the City].
2320
2321 C. In determining the amount of civil liability, the Court shall take into account all
2322 relevant circumstances, including, but not limited to, the extent of harm caused by the
2323 violation, the magnitude and duration of the violation, any economic benefit gained
2324 through the User's violation, corrective actions by the User, the compliance history of the
2325 User, and any other factor as justice requires.
2326
Cfl
Packet Page -2121-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
')327 D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking
28 any other action against a User.
2329
2330 11.3 Criminal Prosecution
2331
2332 [Note: To the extent State law authorizes a municipality to prosecute violations of local ordinances as a crime
2333 under State law, the municipality should include the following provision in its local ordinance.]
2334
2335 A. A User who willfully or negligently violates any provision of this ordinance, an
2336 individual wastewater discharge permit, [or a general permit toptionall] or order issued
2337 hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be
2338 guilty of a misdemeanor, punishable by a fine of not more than [insert maximum fine
2339 allowed under State law] per violation, per day, or imprisonment for not more than
2340 r years, or both.
2341
2342 B. A User who willfully or negligently introduces any substance into the POTW which
2343 causes personal injury or property damage shall, upon conviction, be guilty of a
2344 [misdemeanor] and be subject to a penalty of at least [insert maximum fine allowable
2345 under State law], or be subject to imprisonment for not more than [ ()] years,
2346 or both. This penalty shall be in addition to any other cause of action for personal injury
2347 or property damage available under State law.
2348
2349 C. A User who knowingly makes any false statements, representations, or certifications
1350 in any application, record, report, plan, or other documentation filed, or required to be
51 maintained, pursuant to this ordinance, individual wastewater discharge permit, [or
2352 general permit {optionall]or order issued hereunder, or who falsifies, tampers with, or
2353 knowingly renders inaccurate any monitoring device or method required under this
2354 ordinance shall, upon conviction, be punished by a fine of not more than [insert
2355 maximum fine allowable under State law] per violation, per day, or imprisonment for not
2356 more than years, or both.
2357
2358 D. In the event of a second conviction, a User shall be punished by a fine of not more
2359 than [insert maximum fine allowable under State law] per violation, per day, or
2360 imprisonment for not more than years, or both.
2361
2362 11.4 Remedies Nonexclusive
2363
2364 The remedies provided for in this ordinance are not exclusive. [The Superintendent] may take
2365 any, all, or any combination of these actions against a noncompliant User. Enforcement of
2366 pretreatment violations will generally be in accordance with [the City's] enforcement response
2367 plan. However, [the Superintendent] may take other action against any User when the
2368 circumstances warrant. Further, [the Superintendent] is empowered to take more than one
2369 enforcement action against any noncompliant User.
2370
48
Packet Page -2122-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
2371 SECTION 12— SUPPLEMENTAL ENFORCEMENT ACTION
2372
2373 12.1 Penalties for Late Reports {Optional}
2374
2375 A penalty of $[xx] shall be assessed to any User for each day that a report required by this
2376 ordinance, a permit or order issued hereunder is late, beginning five days after the date the report
2377 is due [higher penalties may also be assessed where reports are more than 30 -45 days late].
2378 Actions taken by [the Superintendent] to collect late reporting penalties shall not limit [the
2379 Superintendent's] authority to initiate other enforcement actions that may include penalties for
2380 late reporting violations.
2381
2382 12.2 Performance Bonds (optional}
2383
2384 [The Superintendent] may decline to issue or reissue an individual wastewater discharge permit
2385 [or a general permit (optional)] to any User who has failed to comply with any provision of this
2386 ordinance, a previous individual wastewater discharge permit, [or a previous general permit
2387 (optional)] or order issued hereunder, or any other Pretreatment Standard or Requirement, unless
2388 such User first files a satisfactory bond, payable to [the City], in a sum not to exceed a value
2389 determined by [the Superintendent] to be necessary to achieve consistent compliance.
2390
2391 12.3 Liability Insurance loptional)
2392
2393 [The Superintendent] may decline to issue or reissue an individual wastewater discharge [or a
2394 general permit (optional)] to any User who has failed to comply with any provision of this
2395 ordinance, a previous individual wastewater discharge permit, [or a previous general permit
2396 loptional)] or order issued hereunder, or any other Pretreatment Standard or Requirement, unless
2397 the User first submits proof that it has obtained financial assurances sufficient to restore or repair
2398 damage to the POTW caused by its discharge.
2399
2400 12.4 Payment of Outstanding Fees and Penalties (Optional)
2401
2402 [The Superintendent] may decline to issue or reissue an individual wastewater discharge permit
2403 [or a general permit (optional}] to any User who has failed to pay any outstanding fees, fines or
2404 penalties incurred as a result of any provision of this ordinance, a previous individual wastewater
2405 discharge permit, [or a previous general permit loptional)] or order issued hereunder.
2406
2407 12.5 Water Supply Severance [optional)
2408
2409 Whenever a User has violated or continues to violate any provision of this ordinance, an
2410 individual wastewater discharge permit, [a general permit, loptional}] or order issued hereunder,
2411 or any other Pretreatment Standard or Requirement, water service to the User may be severed.
2412 Service will recommence, at the User's expense, only after the User has satisfactorily
2413 demonstrated its ability to comply.
2414
49
Packet Page -2123-
A
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1415 12.6 Public Nuisances {Optional}
16
2417 A violation of any provision of this ordinance, an individual wastewater discharge permit, [a
2418 general permit, {optional}] or order issued hereunder, or any other Pretreatment Standard or
2419 Requirement is hereby declared a public nuisance and shall be corrected or abated as directed by
2420 [the Superintendent]. Any person(s) creating a public nuisance shall be subject to the provisions
2421 of [the City Code] [insert proper citation] governing such nuisances, including reimbursing [the
2422 City] for any costs incurred in removing, abating, or remedying said nuisance.
2423
2424 12.7 Informant Rewards {Optional}
2425
2426 [The Superintendent] may pay up to L dollars ($____)] for information leading to the
2427 discovery of noncompliance by a User. In the event that the information provided results in a
2428 civil penalty [or an administrative fine] levied against the User, [the Superintendent] may
2429 disperse up to [ percent C__ %o)] of the collected fine or penalty to the informant.
2430 However, a single reward payment may not exceed [ dollars
2431
2432 12.8 Contractor Listing {optional}
2433
2434 Users which have not achieved compliance with applicable Pretreatment Standards and
2435 Requirements are not eligible to receive a contractual award for the sale of goods or services to
2436 [the City]. Existing contracts for the sale of goods or services to [the City] held by a User found
2437 to be in Significant Noncompliance with Pretreatment Standards or Requirements may be
^438 terminated at the discretion of [the Superintendent].
39
2440 SECTION 13— AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
2441
2442 [Note: Although Federal law allows the affirmative defenses set out in this Section, some Approved States do
2443 not allow for one or more of the affirmative defenses listed below.]
2444
2445 13.1 Upset
2446
2447 A. For the purposes of this Section, upset means an exceptional incident in which there is
2448 unintentional and temporary noncompliance with categorical Pretreatment Standards
2449 because of factors beyond the reasonable control of the User. An upset does not include
2450 noncompliance to the extent caused by operational error, improperly designed treatment
2451 facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
2452 improper operation.
2453
2454 B. An upset shall constitute an affirmative defense to an action brought for
2455 noncompliance with categorical Pretreatment Standards if the requirements of paragraph
2456 (C), below, are met.
2457
2458 C. A User who wishes to establish the affirmative defense of upset shall demonstrate,
2459 through properly signed, contemporaneous operating logs, or other relevant evidence
2460 that:
2461
50
Packet Page -2124-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
2462 (1) An upset occurred and the User can identify the cause(s) of the upset;
2463
2464 (2) The facility was at the time being operated in a prudent and workman -like
2465 manner and in compliance with applicable operation and maintenance procedures;
2466 and
2467
2468 (3) The User has submitted the following information to [the Superintendent]
2469 within twenty -four (24) hours of becoming aware of the upset [if this information
2470 is provided orally, a written submission must be provided within five (5) days]:
2471
2472 (a) A description of the indirect discharge and cause of noncompliance;
2473
2474 (b) The period of noncompliance, including exact dates and times or, if not
2475 corrected, the anticipated time the noncompliance is expected to continue; and
2476
2477 (c) Steps being taken and /or planned to reduce, eliminate, and prevent recurrence
2478 of the noncompliance.
2479
2480 D. In any enforcement proceeding, the User seeking to establish the occurrence of an
2481 upset shall have the burden of proof.
2482
2483 E. Users shall have the opportunity for a judicial determination on any claim of upset
2484 only in an enforcement action brought for noncompliance with categorical Pretreatment
2485 Standards.
2486
2487 F. Users shall control production of all discharges to the extent necessary to maintain
2488 compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its
2489 treatment facility until the facility is restored or an alternative method of treatment is
2490 provided. This requirement applies in the situation where, among other things, the
2491 primary source of power of the treatment facility is reduced, lost, or fails.
2492
2493 13.2 Prohibited Discharge Standards
2494
2495 A User shall have an affirmative defense to an enforcement action brought against it for
2496 noncompliance with the general prohibitions in Section 2.1(A) of this ordinance or the specific
2497 prohibitions in Sections 2.1(B)(3) through [(__)] of this ordinance if it can prove that it did not
2498 know, or have reason to know, that its discharge, alone or in conjunction with discharges from
2499 other sources, would cause Pass Through or Interference and that either:
2500
2501 A. A Local Limit exists for each pollutant discharged and the User was in compliance
2502 with each limit directly prior to, and during, the Pass Through or Interference; or
2503
2504 B. No Local Limit exists, but the discharge did not change substantially in nature or
2505 constituents from the User's prior discharge when [the City] was regularly in compliance
2506 with its NPDES permit, and in the case of Interference, was in compliance with
2507 applicable sludge use or disposal requirements.
51
Packet Page -2125-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
1508
09 [Note: The references in Section 13.2 should refer only to specific prohibitions actually listed in the
z_510 ordinance. Also note that, pursuant to 40 CFR 403.5(a)(2), the affirmative defense outlined in Section 13.2
2511 cannot apply to the specific prohibitions in Sections 2.113(1) and (2), and (8).1
2512
2513 13.3 Bypass
2514
2515 A. For the purposes of this Section,
2516
2517 (1) Bypass means the intentional diversion of wastestreams from any portion of a
2518 User's treatment facility.
2519
2520 (2) Severe property damage means substantial physical damage to property,
2521 damage to the treatment facilities which causes them to become inoperable, or
2522 substantial and permanent loss of natural resources which can reasonably be
2523 expected to occur in the absence of a bypass. Severe property damage does not
2524 mean economic loss caused by delays in production.
2525
2526 B. A User may allow any bypass to occur which does not cause Pretreatment Standards
2527 or Requirements to be violated, but only if it also is for essential maintenance to assure
2528 efficient operation. These bypasses are not subject to the provision of paragraphs (C) and
2529 (D) of this Section.
2530
2531 C. Bypass Notifications
'32
2533 (1) If a User knows in advance of the need for a bypass, it shall submit prior
2534 notice to [the Superintendent], at least ten (10) days before the date of the bypass,
2535 if possible.
2536
2537 (2) A User shall submit oral notice to [the Superintendent] of an unanticipated
2538 bypass that exceeds applicable Pretreatment Standards within twenty-four (24)
2539 hours from the time it becomes aware of the bypass. A written submission shall
2540 also be provided within five (5) days of the time the User becomes aware of the
2541 bypass. The written submission shall contain a description of the bypass and its
2542 cause; the duration of the bypass, including exact dates and times, and, if the
2543 bypass has not been corrected, the anticipated time it is expected to continue; and
2544 steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
2545 bypass. [The Superintendent] may waive the written report on a case -by -case
2546 basis if the oral report has been received within twenty -four (24) hours.
2547
2548 D. Bypass
2549
2550 (1) Bypass is prohibited, and [the Superintendent] may take an enforcement action
2551 against a User for a bypass, unless
2552
2553 (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe
2554 property damage;
52
Packet Page -2126-
12/13/2011 Item 16.C.12.
EPA Mode/ Pretreatment Ordinance
2555
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
2556
treatment facilities, retention of untreated wastes, or maintenance during
2557
normal periods of equipment downtime. This condition is not satisfied if
2558
adequate back -up equipment should have been installed in the exercise of
2559
reasonable engineering judgment to prevent a bypass which occurred during
2560
normal periods of equipment downtime or preventive maintenance; and
2561
(c) The User submitted notices as required under paragraph (C) of this section.
2562
2563 (2) [The Superintendent] may approve an anticipated bypass, after considering its
2564 adverse effects, if [the Superintendent] determines that it will meet the three
2565 conditions listed in paragraph (D)(1) of this Section.
2566
2567
2568 SECTION 14— WASTEWATER TREATMENT RATES - [RESERVED]
2569
2570 SECTION 15 MISCELLANEOUS PROVISIONS {Optional}
2571
2572 15.1 Pretreatment Charges and Fees {Optional}
2573
2574 [The City] may adopt reasonable fees for reimbursement of costs of setting up and operating [the
2575 City's] Pretreatment Program, which may include:
2576
2577 A. Fees for wastewater discharge permit applications including the cost of processing
2578 such applications;
2579
2580 B. Fees for monitoring, inspection, and surveillance procedures including the cost of
2581 collection and analyzing a User's discharge, and reviewing monitoring reports and
2582 certification statements submitted by Users;
2583 C. Fees for reviewing and responding to accidental discharge procedures and
2584 construction;
2585 D. Fees for filing appeals;
2586 E. Fees to recover administrative and legal costs (not included in Section 15.1 B)
2587 associated with the enforcement activity taken by the [Superintendent] to address IU
2588 noncompliance; and
2589
2590 F. Other fees as [the City] may deem necessary to carry out the requirements contained
2591 herein. These fees relate solely to the matters covered by this ordinance and are
2592 separate from all other fees, fines, and penalties chargeable by [the City].
2593
2594 15.2 Severability (optional)
2595
2596 If any provision of this ordinance is invalidated by any court of competent jurisdiction, the
2597 remaining provisions shall not be affected and shall continue in full force and effect.
2598
53
Packet Page -2127-
12/13/2011 Item 16.C.12.
EPA Model Pretreatment Ordinance
'1599 SECTION 16— EFFECTIVE DATE
00
2601 This ordinance shall be in full force and effect immediately following its passage, approval, and
2602 publication, as provided by law.
2603
54
Packet Page -2128-