Loading...
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-