HomeMy Public PortalAbout015-2017 - General - Sewer Usage - Chapter 54CITY of RICHMOND, I D A A
ORDINANCE -0 1 f
A GENERAL ORDINANCE AM INPTER 54 OF RICHMOND CITYCODE
AND ADOPTING AN ENFORCEMENT RE, SPONSE GUIDE
WHEREAS, The City of Richmond Common Council (the "Council") adopted Chapter 54
providing for sewer Usage for Richmond; and
WHEREAS, The City of Richmond's National Pollutant Discharge Elimination System
(INFERS) permit requires a re -revaluation of the C ity's mandated pretreatment
program, including an Enforcement Response Guide (ERG); and
WHEREAS, Technical re-evaluation of the City's local limits is required as part of this re-
evaluation, as well as adoption of streamlining regulations of federal law; and
WHEREAS, It now becomes necessary to amend Chapter 54 et seq., for the continued protection
of the public health, safety, and welfare of the citizens of Richmond; and
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond that
Chapter 54 of the Richmond Code is amended as follows:
Modified Sections:
54.0 (uu)-addition of Oil and Grease polar and non -polar definition
4.0 (vv)-Other Wastes added "disposable gripes"
54.3 - Added section "Damage to Facilities"
4.35-Septic Tank Wastes- add section (e) reference to "Damage to Facilities"
64.39(e)-correction, 4.0(vv) added
4.39(k)(2)- remove Copper (Cu) tier allocation narrative
4. 9(k)—add Copper local limit at 0.75 ng/L Copper
4.39(k)-add Cadmium local limit at 0.0 rnglL Cadmium
4.3 (k)- add Nickel local limit at 0.76 mg1L Mickel
54.39(k).. change oil and grease language to a "non -polar" limit of 100 mg/L
4.39(k) - change oil and grease language to a "polar" limit of 300 g/L
4.39(1)-added `polar ail and grease: language
4.39(o)(4)- correction, 94.02(nnn) added
4.39(w)-correction, 4. rrr) added
54.47-correction, 54.3(mmm) added
54.57- added section {F} Wastewater Survey
54. 3(B)(1)-corrections 54. (nnn) added
SECTION
General Provisions
CRAFTER 54: SEWER USAGE
Page I a4
54.01 Purpose
54.02 Definitions
Esser of Public Sewers Required
54.03 Unlawful Deposits
54.04 Certain Waters Prohibited
54M Removal oval of Unpolluted Waters from Treatment Facility
54.06 Privy Vaults, Septic Tanks, and Cesspools Prohibited
54.7 Connection to Public Sewers Required
54.08 Discharge of Wastewater to Natural Outlets
Private Sewer Svatems
54.00 Intentionally left blank
4.10 Intentionally left blank
Building Sewers and Connections
54.11 Intentionally left blank
54.12 Intentionally left blank
54.13 Intentionally left blank
54.14 Intentionally left blank
54.15 Intentionally loft blank
54.16 Intentionally loft blank
54.17 Intentionally left blank
54.18 Intentionally left blank
54.19 Intentionally left blank
54.20 Intentionally left blank
54.21 Intentionally left blank
54.22 Intentionally left blank
54.3 Intentionally left blank
54.4 Intentionally left blank
54.25 Intentionally left blank
54.26 Intentionally loft blank
4.7 Intentionally left blank
54.28 Intentionally left blank
54,29 Connection of Sources of Surface Run-off Prohibited
54.30 Connection of Floor Drain or Pit Drain Prohibited
54.31 Intentionally left blank
64.32 Damage to Facilities
Extension of Interceptor Sewers Outside District Limits
54.33 Authority of Board; Compliance with Ordinances and State Law
54.34 Permit Required
uired
54.35 Septic Tank Wastes
54.36 Additional Connections not Mandatory
54.7 Rules and Regulations of the District
Use of the Public Sewers
54.33 Groundwater/Soil Rernedlation Activity
54.39 Prohibited Waters and Wastes
Page 2 of 44
54.49 Remedies for Prohibited Discharges; Authority of Director
54.41 Test and Analysis Standards
54.42 Maintenance of Preliminary Treatment Facilities
54.43 Monitoring Manhole
54.44 Grease, Oil, and Sand Interceptors
4.46 Samples to be Taken for Measurements
4.47 Persons Required to Provide Monitoring Manholes
54.48 New Connections
54.49 Deposit of Wastewaters
Industrial Waste Ch m_
54.50 Sewer Service Surcharge
54.51 Determination of Surcharge
54.52 Industrial Discharge Permit and General Permit, and Continuation of Expired Permits
54.53 Testing Requirements
54.54 Billing Procedure
54.55 Contract Method
54.56 Billing on a Regular Basis
54.7 Deports
Miscellaneous Provisions
54,58 Pretreatment of Industrial Wastes; National Categorical Pretreatment Standards
54.59 Pretreatment Facilities to be Approved by District
54.60 Certain Unpolluted Waters Prohibited
54.61 Strength of Discharge Used to Establish Charges
54.62 Intentionally left blank
54.3 Accidental Dischargesilg Discharges
54.64 Dilution
54.65 Notice to Employees
54.66 Upset
54.67 Record Retention
54.68 Annual Publication of Significant Noncompliance
54.69 Confidential Information
Power and Authority of Ins ector
54.70 Proper Credentials or Identification Required
4.71 Right of Entry
54.72 Safety Standards
54.73 Entry, Work to be in Accordance with Easement
Notices
4.74 Notifications
Enforcement and Remedies
54.75 Administrative Enforcement/Remedies
54.76 Consent Orders
54.77 Show Cause Hearings
54.73 Administrative Compliance Orders
54.79 Cease and Desist Orders
Page 3 of 44
54.80 Administrative Fines
54.81 Emergency Suspensions
54.82 Termination of Discharge
54.88 Judicial Enforcement Remedies
54.84 Remedies Nonexclusive
54.85 Violator to Pay Damage
54.86 Administrative Appeal
54.87 Falsifying Information
54.88 Statutory Authority
Inter retation
64.89 Se erability
54.90 Compliance with State or Federal Requirements
84.91 Applicable Standards
GENERAL PROVISIONS
Y
PURPOSE.
This Chapter sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the Richmond and Sanitary District and enables the District to comply with
all applicable State and Federal Laws required by the Clean Water Act of 1977 and the General
Pretreatment regulations 40 CFR Part 408.
The objective of this Chapter is:
a To prevent the Introduction of pollutants into the municipal wastewater treatment system
which will interfere with the operation of the system or contaminate the resultant sludge.
b To prevent the introduction of pollutants into the municipal wastewater system which will pass
through the system, inadequately treated, into receiving waters or otherwise be Incompatible with
the system.
(c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
{d) To protect both Publicly Owned Treatment Works personnel who may be affected by
wastewater and sludge in the course of their employment, and the general public.
(e) To enable the District to comply with its national Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other Federal or State laws to
which the Publicly Owned Treatment Works is subject.
Except as otherwise provided herein, the Richmond and Sanitary District Director shall administer, implement,
and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Director
may be delegated by the Director to other District personnel.
54,02 DEFINITIONS
For the purpose of this Chapter the following definitions shall apply unless the content clearly indicates or
requires a different meaning.
a) "ACT" -- The Federal: Water Pollution Control Act Pt_. 9 -800 as amended by the Clean
Water Act PL 95- 17 of 1977. (Ord. 8-198
Page 4 of 44
"APPROVAL AUTHORITY" -- The Regional Administrator of Region V of the United States
Environmental Protection Agency (EPA) or Director of a National Pollutant Discharge Elimination
System NPDE state with an approved state pretreatment program. (Ord.38-1985)
c "APPLICABLE PRETREATMENT STANDARD" -- Any pretreatment limit or prohibitive
standard (Federal, State and/or local) contained in the Chapter and considered to be the ,most
restrictive with which non -domestic Users will be required to comply. (Ord. O R 00 )
(d) "AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER" --
(1) If the User is a corporation:
(a) The president, secretary, treasurer, or price -president of the operation in
charge of a principal business function, or any other person who performs similar
policy or decision -making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities,
provided the manager is authorized to make management decisions that govern
the operation of the regulated facility including having the explicit of implicit duty of
making major capital investment recornrnendations, and initiate and direct other
comprehensive measures to assure long -terra environmental compliance with
environmental lavers and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
individual wastewater discharge permit requirements; and where the authority to
sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the User is a partnership or sale proprietorship: a general partner or proprietor,
respectively.
If the User is a Federal, State, or local governmental facility. a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
4 The individuals described in paragraphs 1 through 3, above, may designate another
authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental utters for the
company, and the written authorization is submitted to the Director.
e "Best Management Practices'} (BI P)—As defined in 40 CFR Part 40 . e , schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices to
implement the general and specific prohibitions listed in 403.5(a)(1 a) and (b). BI Ps also include
treatment requirements, operating procedures, and practices to control plant site runoff, spillage
or leaks, sludge waste disposal, or drainage from raver materials storage.
"BIOCHEMICAL OXYGEN DEMAND" D" POD)— The quantity of oxygen utilized in the
biochemical oxidation of organic ,natter using standard laboratory procedures in five days at 01)
, and usually expressed as a concentration milligrams per liter). (Ord. 0 - Oo2
g) "CATEGORICAL INDUSTRIAL USER" - - Are Industrial User subject to a categorical
Pretreatment Standard or Categorical Standard.
Page 5 of'44
{XCATE DRICAL PRETREATMENT STANDARD" - - See Definitions 54.02 (lip)
i "CHEMICAL OXYGEN DEMAND" - - A measure of the oxygen required to oxidize all
compounds, both organic and inorganic in water.
) "COMBINED EWER„ -- The sewer intended to carry sanitary and industrial waste waters
from residences, commercial buildings, industrial plants, institutions, and also to carry storm
waters, surface runoff, street wash waters, and drainage. (Ord. 84-1981
k) `ICOMMER IAL USER" -- Any person owning an establishment offering lodging, selling
goods (either retail or wholesale), or offering services for sale and contributing an average
monthly flog in excess of 10,000 gallons. (Ord. -2002)
I) 5ACOMPATIBLE POLLUTANT" -- B D, TSS, pH, fecal coliform bacteria, and any additional
pollutants as are now or may be in the future specified and controlled in the city's NPDES permit
for its wastewater treatment works where the works have been designed and used to reduce or
remove the pollutants to a substantial degree. (Ord. 93-2002
m) 49 OMP SITE SAMPLE'} -- A composite sample should contain a minimum of four discrete
samples taken at equal time intervals over the compositing period or proportional to the flow rate
over the compositinq period. More than the minimum number of discrete samples will be rewired
where the wastewater loading is highly variable.
n "CONTR L AUTHORITY" - - The City of Richmond, Indiana, Richmond Sanitary District by
and through its Board of Sanitary Commissioner and/or its Director.
o "DAILY DISCHARGE" -- Discharge of a pollutant, measured during a calendar day or any 24-
hour period, that reasonably represents a normal working day. (Ord. 8-2 2
p ""DAILY MAXIM U M* - - The arithmetic average of all effluent samples for a pollutant collected
during a calendar day.
q) "DAILY MAXIMUM LIMIT" - µ the MaXiMLIM allowable discharge limit of a pollutant during a
calendar day. Where Daily Maximum imum Limits are expressed in units of mass, the daily discharge is
the total mass discharged over the course of the day. Where Daily Maximum Limits are
expressed in terms of concentration, the daily discharge is the arithmetic average measurement
of the pollutant concentration derived from all measurements taken that day.
r "DIRECTOR" -- The duly appointed and qualified Director of the Richmond Sanitary District or
his authorized deputy, agent, or representative. (Ord. 84-1 81)
s) "DISTRICT', -- The Sanitary District of the City, acting by its duly -constituted Board of Sanitary
Commissioners or their authorized representatives. (Ord. 4-1 1
M "DOMESTIC USER" -- All persons owning residential dwellings which discharge primarily
domestic wastes or wastes from sanitary conveniences. (Ord. 4-1 1
M "DOMESTIC WASTE" Liquid wastes from the non-commercial preparation, cooking, and
handling of food or containing human excrement and similar 'natter from the sanitary
conveniences of dwellings, commercial buildings, industrial facilities, and institutions. (Ord. 54�
1981
Page 6 of 44
"EASEMENTS" -- An acquired legal right for the specific use of land owned by others. (Ord.
4-1 981
UENVIRONMENTAL PROTECTION AGENCY OR EPA" - - The U.S. Environmental
Protection Agency or, where appropriate, the Regional Water Management Division Director, The
Regional Administrator, or other duly authorized official of said agency.
W "EXISTING SOURCE" - Any source of discharge, the construction or operation of which
commenced prior to the publication of proposed categorical pretreatment standards which will be
applicable to such source if the standard is thereafter promulgated in accordance with Section
307 of the Act. (Ord, 9-00
"FECAL COLIFORMI, -- Any of the number of organisms common to the intestinal tract of
man and animals, whose presence is an indicator of pathogenic microorganisms.
(Z) "FLCATA LE OIL" -- Oil, fat, or grease in a physical state, such that will separate by gravity
from wastewater by treatment in a pretreatment facility approved by the city. (Ord. 4-1981
as "GARBAGE n -- Solid wastes from the domestic and commercial preparation, cooking, and
dispensing of food, and from the handling, storage, and sale of produce. (Ord. 4-1981
( "GOVERNMENTAL ENTAL USER" -- Any User who represents some function of local, regional,
state, or federal government and who discharges primarily segregated domestic waste or waste
from sanitary conveniences. (Ord. 4-19 1
(cc) `ZCI AB SAMPLE" -- A sample which is taken from a wastestream with no regard to the flow
in the wastestream, and within a time period of 15 minutes or less..
(dd) "INCOMPATIBLE POLLUTANT" Any pollutant which is not a `compatible pollutant." (Ord.
4-19 1
ee "INDIRECT DISCHARGE" or "DISCHARGE" -W The introduction of pollutants into the POTW
from any nondornestic source regulated under Section 307{b), c , or d) of the Act.
"INDUSTRIAL USER" or "USER" --Any source of an indirect discharge.
99) "INDUSTRIAL WASTES" " -- Any solid, liquid, gaseous waste, or heat resulting from any
process or excess energy of industry, manufacturing trade, or business, or from the development,
processing, or recovery of any natural resource, as distinct from industrial employees' domestic
wastes or wastes from sanitary conveniences (normal domestic sewage). (Ord. 4-1981)
hh "INFILTRATION" -- Any crater other than wastewater that eaters a sewage system from the
ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration
does not include, and is distinguished from, ""inflow." (Ord. 4-191 )
ii `INFILTRATION 1 INFLOW" --That total quantity of water from both infiltration and inflow
without distinguishing the source. (Ord. 4-1981
j "INFLOW" -- Any water other than wastewater, that eaters a sewage system from sources
such as roof leaders} cellar drains, yard drains, area drains, foundation drains, drains from
springs and swampy areas, manhole covers, cross connections between storm sewers and
sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters,
or drainage. Inflow does not include, and is distinguished from, 41infiltration." (Ord. 4-1981
Page 7 of 44
kk "INSTANTANEOUS US LIMIT" - - The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composite sample
collected independent of the industrial flow rate and the duration of the sampling event.
ll "INSPECTOR" -- The person or persons duly authorized bY the Board of Sanitary
Commissioners r issioner to inspect and approve the installation of building sewers and their connection to
the public surer system. (Ord. 4-1981)
"INTERFERENCE'} �- 4�Interference"t means a discharge that, alone or in conjunction with a
(mm� Inhibits or disrupts
discharge or discharges from other sources, does one (1 of the following: p
the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use
or disposal methods; ) Causes a violation of any requirement of the P T I� s I P E permit,
including cludin an increase in the magnitude or duration of a violation; 3 Prevents the use of the
P
TVVs sewage sludge or its sludge disposal method selected In compliance with the following
statutoryprovisions, rovisions, regulationst or permits issued thereunder or more stringent state or local
regulations: Section 405of the Clean water Act (33 U.S.G. 1346). The Solid Waste
Disposal Act � SwDA) 4 U.S.C. 6901), including: i Title ll, more commonlyreferred to a the
p
Resource Conservation and Recovery Act RRA; and ii the ales contained in any state
sludge management plan prepared pursuant to Subtitle D of the SwDA (4 U.S.C. 941). The
Clean Air Act (42 U.S.C. 7401). D The Tonic Substances Control Act (15 U.S.C. 2601).
{nn
�� IAHL (Maximum Allowable Headworks Loading)" means the maximum loading of a given
pollutant that the POTW can accept without causing an e c edance of the most limiting of the
following restrictions:
m PTw upset limits (activated sludge and/or anaerobic digestion;
Pass -through limits (either NPDES discharge limits or water quality objectives);
{3) Sludge disposal limits;
) POTW design capacity limits. (Ord. 7 - 00
0
o "FAIL. (Maximum Allowable Industrial Headworks Loading)" means the maximum loading of
a pollutant ollutant that can be discharged b the sum total of all industrial users without causing an
9
eceedance of the most limiting of the following restrictions:
(1) PoTW upset limits (activated sludge and/or anaerobic digestion);
(2) Pass -through limits (either l P[ ES discharge limits or water quality objectives);
3 Sludge disposal limits;
4 P TW design capacitor limits. (Ord. 7 - 00
pp
"NATIONAL CATEGORICAL PRETREATMENT STA# DART n or "CATEGORICAL
STANDARD" -- Any regulation containing pollutant discharge limits prornulg4ted by EPA in
accordance with Sections 397(b) and c) of the Act (33 U.S.C. 131 which apply to specific
category of Users and which appear in 40 CFR Chapter I, Subehapter I , Parts 408-471.
(gq)
uI PDES PERMIT" -- The permit issued to the sewage works under the National Pollutant
Discharge a Elimination System for discharge of wastewaters to the navigable waters of the United
States pursuant to Section 402of the Federal Water Quality Act Amendments of 1972(Public
Law 9 -600). (Ord. 4-1981
rr 'NATURAL OUTLET" -- Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake, or any other body of surface or groundwater. (Ord. 4-
1981
ss "NEW SOURCE" --
Page 8 of 44
Any building, structure, facility, or installation from which there is, or may be, a
discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under Section 307 c of the Act which will be applicable
p
to such source if such standards are thereafter promulgated in accordance with that
section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which
no other source is located; or
b) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
c The production or wastewater generating processes of the building, structure,
facility, or installation are substantially independent of an existing source at the
same site. To determine if the new wastewater generating process is
substantially independent of an existing source at the same site, certain factors
should be considered. These factors include the extent to which the new facility
is integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source.
Construction on a site at which an existing source is located results in a modification
rather than a new source if the construction does not create a new building, structure,
facility, or installation meeting the criteria of Section (1)(b)or (c) above but otherwise
alters, replaces, or adds to exist' process or production equipment.
3 Construction of a new source as defined under this paragraph has commenced if the
owner or operator has:
a Begun, or caused to being, as part of a continuous onsite construction
program
i any placement, assembly, or installation of facilities or equipment, or
ii significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is necessary
for the placement, assembly* or installation of new source facilities or
equipment; or
(b) Entered into a biding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable
time. Options to purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility, engineeringt and design
studies do not constitute a contractual obligation under this paragraph.
tt "NOV" -- Notice of Violation is the initial formal enforcement action for a violation
(uu) "COIL and GREASE' --
(p
Non- olar Coil and Grease m Total Petroleum Hydrocarbons (TPH) oil and grease.
Petroleum or mineral oil based products.
( Polar oils and grease - Processed vegetable and animal origin fats and oils that
are commonly found in food based prod acts/Industries. These substances must not
'age 9 of 4
solidify or become Viscous at temperatures between 321DF and 1600 IF 00 C and 650 ) (Ord.
9 -2002; Ord. 1 b- 017)
"OTHER WASTES" -- Garbage} refuse, wood residues, sand, lire, cinders, ashes, offal,
night soil silt, , tag', dyestuffs, acids, chemicals, disposable wipes and all other substances, not
sewage or industrial waste, which discharge would cause pollution or cause damage or blockage
to sewers. (Ord. 4-1981; Ord. 1 - 017)
"' Hll -- The logarithm of the reciprocal of the concentration of hydrogen ions expressed in
grams er liter of solution a determined under standard laboratory procedure, (Ord. 4-1 98'1
p
"PASS THROUGH" -- A discharge which exits the P T 1f into waters of the United States in
quantities or concentration which, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the Districts I PDES permit,
including an increase in the magnitude or duration of a violation.
NO "PERSON" -W Any individual, partnership, copartnership, firm, company, corporation, .
ssociation trust, estate, political subdivision, state agency, or any other legal entity or their legal
a ,
representative, agent or assigns legally capable of owning property in the state. (Ord. 4� 8��
� 9
"POLLUTANT" -- Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical waste} biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial vwrastess and certain characteristics of wastewater ((e.g., pH,
temperature, TSS, turbidity, color, B D, COD, tonicity, or odor). The terra includes sewage,
industrial waste, and other waste.
(
a s) "PRETREATMENT" -- The treatment of pollutants from privately owned sources prior to
introduction into a public treatment works except sewage from a residential user. (Ord. 4-1981
bbb "PRETREATMENT REQUIREMENTS" -- Any substantive or procedural requirement
related to pretreatment, other than a pretreatment standard imposed on an Industrial User. (Ord.
88-198
cc "PRETREATMENT EATMEI T STANDARDS" DS" or uSTANDAI DS„ -- Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and local limits.
dd "PROHIBITED OHIBITED DISCHARGE STANDARDS" DS" or" PROHIBITED DISCHARGE I S" -- Absolute
prohibitions against the discharge of certain substances these prohibitions appear n 4.89 of this
�
Chapter
eee "PUBLIC SEWER" -- A sewer in which all owners of abutting properties have equal rights,
and is controlled by a public authority, or owned by the Sanitary District. (Ord. 4-19 1
Mo $,P T1 (PUBLICLY OWNED TREATMENT lT WORKS)" -- A treatment works as defined b
Section 212 of the Clean Water Act which is owned by a state or municipality as defined b
Section 502 4 of the Act, includes any sewers that convey wastewater to such a treatment
works, but does not include pipes, sewers, or other conveyances not connected to a facility
providing treatment. (Ord. 4-1981
9g9)
iiQUALIFIED PROFESSIONAL" -- An individual who is trained and experienced in
wa
stewater treatment, environmental compliance, or related fields as may be demonstrated b
ate registration, professional certification, experience, or completion of coursevwrort that enables
state
Page 10 of 44
professional ' regarding facility'tb
s ability � comply w�
the individual to make sound, profe judgment Ord. �00?}
dera state, and local wastewater rules and regulations.
fe t
�� I$ -� sewer that carries1 astel ater, sanitary and industrial, together
�hhh SAi�IITAI�' S�1
with Incidental land �� to which storm, surface, and ground water are not intentionally
�
admitted. (Ord. 84-1981
iii "SEPTIC TANK WASTE Any ur
,x sos � from holding tantC such as vessels, chemical toilets}
-�
campers, trailers, and septic tanks.
.,. human and related wastes from any source, together with
�� Sew �� later -carved
associated lard runoff, sanitary
and industrial wasteuratersF and polluted cooling crater, from
s industrial plants, and institutions. The term
includes sanitary
residences" commercial il#inOrd. �-� 98�
sewage, industrial sewage, and combined sewage.
si 'for carrying either wastewater or land runoff, or both. (Ord.
{l�CI SEulf -- pipe r conduit y 9
-`l 981)
Ill "SHALL AND MAY
,SHALL" _- is mandatory.
{ "MAY" -- is permissive. (Ord. -1981
"SIIIFIAhlT INDUSTRIAL OF SIU
'I A User subject to categorical pretreatment standards; or
A User that:
a) Discharges an average of twenty-five thousand ,009 gallons per day or
more of process wastewater to the P Tii (excluding sanitaryt noncontact
cooling, and boiler blowdown wastewater);
{b) Cntributes a process a testream which mattes up five )
percent or ro�re
o p
of the average dry
weather h]� draulic or organ[c capacity of the POTW treatment
plant; or
F c is designated as such by the Director on the basis that it has a reasonable
potential f
or adverselyaffecting the P T 's operation or for violating any
pretreatment standard or regUirement.
r meeting the criteria in Subsection ) has no reasonable
8 upon finding that a Use 9 's operation or for violating any pretreatment
potential for adversely affecting the f'TI� p own initiative or �n
standard or requirement, the Director roar at any time, on their p
response to a d ures in 0
petition received from a User} and in accordance with the procedures
determine that such User should not be considered a Significant
Industrial User.
{nnn} 14SLUE 13--Any discharge at a flour rate or concentration which could cause a violation of the
prohibited discharge standards in 84.8 of this Chapter, or am discharge of non -routine"
�
episodic nature, including but net limited to, an accidental spill or a non -customary batch
discharge. (Ord, 9 - 00
Page i t of 44
{ 000) "STORM SEWER" -- A sewer intended to receive � convey ►only land runoff, ground
water, or unpolluted water fror�n any source and to which sanitary or industrial wastes are not
intentionally admitted. (Ord. 93-2002)
pp
"TOTAL SUSPENDED SOLIDS" TSS) -- Solids in a liquid suspension of water, sewage, or
other liquids and which are removable by laboratory filtering under standard laboratory procedure.
(Ord. 9-002
"TOXIC AMOUNT" - - Concentrations of any pollutants or combination of pollutants" which
upon exposure to or assimilation into any organism will cause adverse effects, such as cancer,
genetic mutations, and physiological manifestations" as defined in standards issued pursuant to
Section 307 a of Public Law 92- 9g . (Ord. 93-2002)
rrr "TOXIC POLLUTANTS" -- As defined in the Clean Water Act (PL 9 -21 x those pollutants,
or combinations of pollutants, including disease -causing agents, which, after discharge and upon
exposure, ingestion, inhalations or assimilation into any organism, through food chains, will, on
the basis of information available to the Director, cause death, disease, behavioral abnormalities"
cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction)" or
physical sical deformations in the organisms or their offspring. (Section 502 (13)). "Tonic Pollutants,
include, but are not limited to the list of 126 priority Pollutants, or any other list of total tonic
organics. The tonic substances of concern in the waste of a particular facility vw ill depend on the
raw materials, products, and processes employed at that facility. (Ord. 03-20 2)
(sss 1
1UNPOLL TED WATER" -- water of quality equal to or better than the effluent criteria in
effect or water that would not cause violation of receiving water quality standards and would not
be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
(Ord. 93-200
ttt} "UPSET" -.. An exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment Standards because of factors beyond the
reasonable control of the Industrial User. (Ord. 93-2002)
(uuu) 41USEI " r-- See "INDUSTRIAL USER"°
"VOLATILE ORGANIC MATTED," -- The material in the sewage solids transformed to
gases or vapors when heated at 550'0 C for sixty minutes under standard laboratory procedures.
(Ord. 93-2002)
www "WASTEWATER" " -- Treated or untreated liquid and water -carried industrial or domestic
wastes from dwellings, commercial buildings} industrial facilities, and institutions, together with
any inflow and infiltration that may be present, which is discharged into or permitted to enter the
P T"K (Ord. 93-2002)
"WATERCOURSE" SE" -- A natural or artificial channel for the passage of water either
continuously or intermittently. (Ord. 03-2002
"WASTEWATER TREATMENT E# T PLANT �t or "TREATMENT PLANT" -- That portion of the
P TW which is designed to provide treatment of municipal sewage and industrial waste.. (Ord.
0-2002
Page 12 of 44
USE of PUBLIC EWE F E III ED
54.03 UNLAWFUL DEPOSITS
It shall be unlawful for any person to place} deposit, or permit to be deposited, in any unsanitary manner
on public or private property within the Sanitary District or in any area under the jurisdiction of the District
any human or animal excrement, garbage, or other objectionable waste. (Ord. 54-1981) Penalty, see
54.76 through 54.85
54.04 CERTAIN WATERS PROHIBITED
o person shall discharge or cause to be discharged, or make a connection to discharge or cause to be
discharged to any sanitary sewer, either directly or indirectly, stormwater, surface water, ground water,
roof runoff, downspouts, swimming pools, subsurface drainage, or noncontact cooling water, unpolluted
industrial process water, or other unpolluted waters. (Ord. 93-00 Penalty, see 54.75 through 54.55
54.05 REMOVAL OF UNPOLLUTED WATERS FROM TREATMENT T FACILITY
The Sanitary District shall require the removal of unpolluted waters from any wastewater collection or
treatment facility if removal is cost-effective and is in the hest interest of all Users of the facilities. (Ord.
54-19 1) Penalty, see 54.75 through 54.55
54.06 PRIVIES VAULTS EF'Tlc TAIL AND CESSPOOLS PROHIBITED
Except as herein provided, it shall be unlawful for any person to construct or maintain any priory, privy
vault, septic tank, cesspool, or other facility intended for the treatment of sewage or wastewater on any
property within the Sanitary District. (Ord. 54-19 1) Penalty, see 54.75 through 54.85
54.07 CONNECTION To PUBLIC SEW I E I IF ED
The owner of all houses, buildings, or properties used for human occupancy, employment, recreatim or
other located within the Sanitary District and abutting on any street, alley, or right-of-way in
purposes,
which there is located a public sewers is hereby required to connect the house, building, or property
directly with the public sewer in accordance with the provisions of this chapter within three months after
the date of official notice to do so. In the event the building drain of the house, bulldingf or property is
within 300 feet of a public surer the owner shall be rewired to connect the building drain to the public
severer; In the event the house, building, or property is at a distance greater than 300 feet from the public
sewer the owner may be rewired to connect at the discretion of the Board of Sanitary Commissioners,
provided that the wastewater treatment facility shall have the capacity to treat the waste of the house,
building, or parcel of real estate. (Ord. 54-1981) Penalty, see 54.75 through 54.85
54.08 DISCHARGE OF WASTEWATER TO NATURAL OUTLETS
No person shall discharge or cause to be discharged to any natural outlet any wastewater or deleterious
pollutants except where suitable treatment has been provided in accordance with provisions of this
Chapter and the NPDES permit. {Ord. 3- 00 Penalty, see 54.75 through 54.85
54�tThis section intentionally left blank)
54.10 ('his section intentionally left blank)
Page 13of 44
54.11 [This section intentionally left blank]
4,12 [This section intentionally left blank]
54.13 section intentionally left blank]
5 [This section intentionally left blank]
5 [This section intentionally left blank]
5 (This section intentionally left blank)
54.17 [This section intentionally left blank)
54.1 [This section intentionally left blank]
54.19 [This section intentionally left blank]
54.20 [This section intentionally left blank]
54,21 [This section intentionally left blank]
54 [This section intentionally left blank]
54.233 [This section intentionally left blank]
4 (This section intentionally left blank]
54.25 (This section intentionally left blank)
[This section intentionally left blank]
54.27 [This section intentionally left blank]
. _[This section intentionally left blank]
4.29 CONNECTION OF SOURCES of SURFACE UN -OFF PROHIBITED
o person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected
directly or indirectly to a public sanitary sewer. (Ord. 54--1981) Penalty, see 54.75 through 54.85
54.30 CONNECTIONof FLOOR DRAIN OR PIT DRAIN PROHIBITED
Except as provided in 54.44, no person shall connect any floor drain, pit drain, site drain, or
any other drain subject to receiving oil, grease, or gasoline to any sewer either directly or
indirectly. (Ord. 93-2902 Penalty} see 54.75 through 54.85
B Any drain subject to receiving oil, grease, gasoline} other flammable substances, excessive
solids, or sand in accordance with 54.44 shall connect only to a sanitary sewer unless specifically
authorized by the Director. (Ord. 93- 00
4.31 [This section intentionally left blank]
Page 14 of 44
.3 DAMA E To FACILITIES 5
When a discharge of wastes causes an obstruction, damage, or any other impairment to the
P Tw, Richmond Sanitary District may assess a charge against the lU and/or Septic hauler for
the work required to clean and/or repair the sanitary sewer system and/or the POTW, and add
such charge or charges to the Users charges and fees. (Ord. 1 -2 17
EXTENSION OF INTERCEPTOR SEWE UT IDE DISTRICT LIMIT
54.33 AUTHORITY 1 IT F BOARD OMPLIA I E WITH ORDINANCES AND STATE LAW
The installation, construction, or extension of interceptor sewers outside the corporate limits of the city,
shall be governed solely by the Board of Sanitary Commissioners and any connection to the interceptor
shall be subject to the provisions of 54.34 and I.C.-9-25-1 et seq. (Ord. 4-19 1
A) Any existing significant industrial user located beyond the District limits and discharging into the
District sager system shall submit a discharge permit application, in accordance with 54.52 below,
within ninety 90 days of the effective date of this Chapter, or in the case a valid permit exists and
does not violate any part of this Chapter, shall not have to re -apply until the permit expiration date.
New significant industrial users located beyond the District limits shall submit such applications to the
Director at least ninety (g) days. prior to any proposed discharge Into the P TW. (Ord. 93-200
Alternately, the Director may enter into an agreement with the neighboring jurisdiction in which the
significant industrial user is located to provide for the implementation and enforcement of
pretreatment program requirements against said industrial user. (Ord. 9 -2092)
54.3 p I tIT REQ_UIRED
Properties outside the territorial limits of the Sanitary District shall net be permitted connections to the
sewage utility until a permit has been obtained from the Board of Sanitary Commissioners. {Ord. 54-
1 81
54.35 SEPTIC TANK WASTES
a Septic tank and grease trap waste may be introduced into the POTW only at locations
designated by the Director, and at such times as are established by the Director. Such waste
shall not violate 54.39 of this Chapter or any other requirements established by the Director. The
Director shall regUire septic tank and grease trap waste maulers to obtain wastewater discharge
permits.
b) The Director shall require haulers of industrial waste to obtain wastewater discharge permits.
The Director may require generators of hauled industrial waste to obtain wastewater discharge
permits. The Director also may prohibit the disposal of hauled industrial waste. The discharge of
hauled industrial waste is subject to all other requirements of this Chapter.
c All waste haulers may discharge loads only at locations designated by the Director, No load
may be discharged without prior consent of the Director. The Director may collect samples of
each hauled load to ensure compliance with applicable standards. The Director may regUire the
industrial waste hauler to provide a waste analysis of any load prior to discharge.
d All waste haulers must provide a waste -tracking fora for every hauled load. This form shall
include, at a minimum, the name and address of the waste hauler, names and addresses of
Page 15 of 4
sources of waste, and volume of waste. The form shall be signed by a representative of the
source and a representative of the hauler.
(e) Damage to facilities, see 54.32. (Ord. 15- 0
17)
54.36 ADDITIONAL CONNECTIONS NOT MANDATORY
No provision of this Chapter shall be interpreted to require the District to accept any additional
connections if there is insufficient capacity available in the R TW to accept or treat additional waste.
(Ord. 4--1981
54.37 RULES AND REGULATIONS OF THE DISTRICT
The Board of Sanitary Commissioners may issue a permit for the owner of real estate outside
the Sanitary District to connect to the public sewer system provided that the permit shall be
issued subject to rules and regulations of the Sanitary District relating to the connection to the
publicly
-owned -owned surer of the private building sewer. These regulations shall be determined and
published by the Board and shall Include a sewer tap fee, a User charge, and construction
criteria, The User charge shall be determined by the Board according to the laws of the state,
and the United States Environmental Protection Agency. (Ord. 54- g8
B To the extent any User outside the limits of the District connects or discharges into the
ROTW the District shall have the same authority to regulate such laser, including an Industrial
1
User, pursuant to the same provisions contained within this Chapter.
4.38 GROUNDWATER/SOIL REM DIATI I ACTIVITY
It shall be unlawful for any user to discharge treated groundwater from a groundwater or soil
remediation system into the District's P T11 without first obtaining a wastewater discharge permit
or general permit from the Director. Any violation of the terms and conditions of a wastewater
discharge permit or general permit shall be deemed a violation of this Chapter and subjects the
errnittee to the enforcement and remedies set out in this Chapter. Obtaining a wastewater
discharge permit or general permit does not relieve a permittee of its obligation to comply with all
Federal and State pretreatment standards or requirements or with any other requirements of
Federal, Mate, and local law.
Any user proposingto begin or recommence discharging treated groundwater into the P01-
must obtain a wastewater discharge permit or general permit in accordance with Section 54.52
A below, prior to the beginning or recommencing of such discharge. A wastewater discharge
errr It application must be filed at least ninety 90 days prior to the date which any discharge will
p pp
begin. (Ord. 93- 00 )
S A permitted groundwater or soil remediation system will utilize accepted industrial practices
and equipment including, but not limited to oil/water separators for free product capture,
particulate removal, air stripping, granular activated carbon, etc.
Each groundwater or soil remediation system will be subject to pollutant parameters specific
to the type of remediation activity, including but not limited to gasoline, Diesel or heating fuel,
industrial solvents, heavy metals, etc. Pollutants will be limited as follows.
1 o discharge of free product in any amount.
2 Prohibitions and limitations as specified below in Chapter 54.39.
Page 16 of44
3 No single total toxic organic compound analyzed using approved wastewater methods
found in 40 CFR Part 136 shall exceed a concentration that is greater than the lowest
achievable detection limit for a given cempoLrnd in an interference -free sample matrix.
54.39 PROHIBITED WATERS AND WASTE
Except as herein provided, no person shall discharge or cause to be discharged any of the following
described waters or wastes into the P TW, except those waters and wastes handled in accordance with
the hauled septic and Industrial waste requirements specified in this Chapter.
a Any pollutant or wastewater which causes pass through or interference. These general
prohibitions apply to all Users of the PTv whether or not they are subject to categorical
pretreatment standards or any other National, State, or local pretreatment standards or
requirements. 40 CFR 403.a)1 General Prohibitions) (Ord, 93-2002
( Heats in amounts which will inhibit biological activity in the POTW resulting in interference,
but in no case heat in such quantities that the temperature at the treatment plant exceeds 4011
(104° F). (Ord, 93-2002) (40CFR 40 . b Specific Prohibitions)
c Pollutants which create a fare or explosive hazard in the POTW, including, but not limited to,
watstestreams. with a closed-fc up flashpoint of less than 140° F (00 using the tent methods
specified in 40 CFR 261.21. 40 Ff 403. b) Specific Prohibitions)
(d) Any solid or viscous wastes which cause obstruction to the flow in sewers or other
interference with the proper operation of any sewer or treatment works. (40CFR 40 . b Specific
Prohibitions)
e) Any °'other wastes" as defined in 4. 2(v). (Ord. 03-2002; Ord. 1 - 017
f Any noxious or malodorous gas or substance capable of creating a public nuisance.
g Any radioactive wastes or isotopes of SLIch half-life or concentration as may exceed limits
established by the Director in compliance with applicable state or federal regulations.
h Any industrial waste that may cause a deviation from the NPDES permit requirements,
pretreatment standards, and all other state and federal regulations as now set out or may be set
out in the future as a requirement for the NPIDES permit.
i Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient
quantity, either singly or by interaction with ether wastes, to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals, create a public nuisance, or create
any hazard in the receiving waters of the POT v. (Ord. 93-2002
j Any waters or wastes except hauled wastes having a pH lower than 5.0 or higher than 12.0 or
having any other corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the sewage works. (40CFR 40 . b Specific Prohibitions)
1 Wastewaters which are monitored on a continuous basis with automated pH monitoring
and control devices, and which exceed the limitation of 12.0 will not be cause for a
violation if the duration of the excursion for any single event does not exceed 15 minutes,
and combined excursions do not exceed 130 minutes in any calendar month. No pH
greater than 12.5 shall be authorized for any duration of time. (Ord. -2002
Page 17of 44
(2) Hauled septic tank waste and hauled industrial waste within the range of 5.0 to 19.0 may
be accepted at designated locations at the P TW with prior approval of the Director.
k Any of the following substances which shall be termed contaminates. It shall be unlawful for
any person to discharge into a public sewer any such contaminate in any quantity where the level
of the contaminate exceeds the following daily rnaxiMLIM limit during a 24-hour period or a period
f normal daily operations.
(1) The concentration based limitations for the following contaminates s apply at the point
where the wastewater is discharged to the P TW. At the discretion of the Director, and
under the following guidelines, the District may consider mass based limitations in addition
to or in plane of the concentration based limitations. (Ord. 93-2002)
a) The Director may consider amass based limits only in situations where a facility
has tried in good faith to comply with our local concentration based limits using
pretreatment or other legitimate means, and the attempts is unsuccessful, and rd.
93-2002
b) The District's P TW does have ample loading capacity for the parameters of
concern, and the consideration of mass based limits will not cause the POTW to
exceed the Maximum Allowable Headworks Loadings at the POTW Headworks
and the Industrial Users to exceed the Maximum Allowable Industrial Headworks
Loadings at the POTW Headworks (Ord. 72-200 )
int tA-ale-leading G p l-7G"Vie-D std-G"ha44mpGs -a e-n--
u-nif - mew-allecagen-- ethe - f r- Gtat--Goppef-< s e-ser4w..F%eli%da and
� �e tin lGan-i�aWs � e ply
tl itc-ifioMn el st re ant_wast v to iscl --pgr i tba4adoption f
min nGe-722-200n-- of beef 9 Wiese s lschar -watew ter -with pW
Genre-nt ti gyp- 4 e-de n trated GmesfiGand-cer nerGial-badkffrGn le eerie
e a� �g g ifiea t d�a� t- -h ppe-lmit f n4o th ir
w el � �i#- # e i e-e€ dep# e -e���n 7-2 g7; h 6e usefs wig
Perna -ice &4wi;94GGat-cepper l lt.1 r-�34&4-ese nyewsib GanWAduWal
s�at�ll la Gppe +seha e die -e gists -pest
eMca a e-a-regu ted-Gopper--dl- ha a Je i ficant4n -st al sefs-
b u6t Wser Fa l44G-ebtain a mistewaterdi a e-p maPe4Gwtng he
adGPfiQA of QFWAa-n07---TPsr 11 46 w Wbe--Ga r.W e
ba&1&,4Wt-atnei+l-l--aer 3 raeper- 1i it bl' die.-�nvm:ft
A4lGwable4nd str4" d o(,r ea g- o ah a i urn il weble ead a In -f r
mapper -ate eadwed(&-,
Con aminate Concentration �ma/Ll
Arsenic (total) 0.09
Cadmium (total) 0.025
Chromium (total) 2.00
Copper (total) 9.7
#den-u nee FFn l lcfi e
Tier imitfien- ernesti er at aekgre n e �-� �
'taer---Est cal epel },,
Ticsr '� I hail l-on-si while- rAx i F� ,l lha
P AHL-a�n F-pE:
Cyanide 0.15
'age 18 of 4
Lead (total)
Mercury (total)
Molybdenum
Nickel el (total)
Oil and Grease (non -polar)
Oil and Grease (polar)
exa ol-le-er-uile-nt
Phenols
Selenium (total)
Silver
Zinc
0.0
0.000
0.5
0.7
100.0 (see paragraph•54.39 I) below)
300.0 (see paragraph 54.39 (1) below)
1.0
0.22
.40
3.00
/R Antee a aSt�n tnin raase r-eit�hat-he;ulsified-�e t; min
an -F-and
and-6-
(1) Molar oils and grease such as processed vegetable and animal origin fats and oils that
cannot solidify or become viscous at temperatures between 321 l= and 150° F 01 C and 5*
may be discharged in excess of 100mg/L. (Ord. 93- 00 ; Ord. 15- 017)
m Any garbage that has not been properly shredded. The Installation and operation of any
garbage grinder equipped with a motor of three -fourths horsepower (0.76 hp metric) or greater
shall be subject to the review and approval of the [director.
n Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating
solutions whether neutralized or not.
(o) Materials which exert or cause any of the following.
(1) Unusual concentrations of inert TSS such as, but not limited to, Fullers earth, lime
slurries, and lime residues, or of dissolved solids such as, but not limited to, sodium
chloride and sodium sulfate. (Ord. 9-00
( Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning
solutions.
3 Unusual BOD chemical oxygen demand, or chlorine requirements in such quantities
as to constitute a significant load on the P TW. (Ord. 93- 00 )
4 Unusual volume of flow or concentration of wastes constituting «slugs=; as defined in
4.0 (nnn). (Ord. 15- 017)
p Water or wastes containing substances which are not amenable to treatment or reduction by
the sewage treatment processes employed, or are amenable to treatment only to such degree
that the P TW effluent cannot meet the requirements of other agencies having jurisdiction over
discharge to the receiving craters. (Ord. 93- 00 )
q Any waters containing TSS of such character and quantity that unusual provisions, attention,
or expense i required to handle the materials at the PTvI. (Ord. 93�00 Penalty, see 54.5
through 54.85
Page 19of 44
W Pollutants, including oxygen -demanding pollutants (BOD etc.), released In a discharge at a
flour rate and/or pollutant concentration which, either singly or by interaction with other pollutants,
will cause interference with the POTW. 40 CFR 403.5(b) Specific Prohibitions)
(s) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin, in amounts that
will cause interference or pass through. 40 CFR 40.b) Specific Prohibitions)
(t) Pollutants which result in the presence of tonic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems. (40 CFR 403.5(b) Specific
Prohibitions) (Ord. Roo)
(u) Trucked or hauled pollutants, except at discharge points designated by the Director as set
forth In 54.35 of this Chapter. 40 CFR 403.5(b) Specific Prohibitions)
v) Any substance In a concentration that may pose danger to human health or the environment.
w) Any Tonic Pollutant as defined in 4.0(rrr) in a concentration that will cause pass through or
interference, or may pose danger to human health or the environment. Local limits for toxic
pollutants, including total tonic organics will be considered on a case by case basis, by the
Director, for those compounds not regulated through National Categorical Pretreatment
Standards or any other pretreatment standards. Local limit calculations will take into
consideration such factors including, but not limited to the specific toxic pollutant, flow volume,
mass loadings to the POTW, and any other factor to prevent pass through or interference of the
POTW or to protect worker health.
4.40 REMEDIES FOR PROHIBITED DISCHARGES' AUTHORITY OF DIRECTOR
(a) If any waters or wastes that contain the substances or possess the characteristics
enumerated In 64.39 are proposed to be discharged to the public sewers, the Director may do the
following:
`I) Reject the wastes in whole or in part.
{ Require pretreatment of the wastes as necessary to comply with the limitations
defined in this Chapter.
) Require payment of a surcharge on any excessive flows or loadings discharged to
the treatment works to corer the additional costs of having capacitor for the treating of
the wastes.
4) The Director may develop best management practices 13IP) by ordinance or in
individual wastewater discharge permits or general permits, to implement local limits
and the requirements of 54.39.
b) If the Director permits pretreatment, equalization of wastes equalization of waste flows, or
establishes best management practices (BLIP) the Industrial User must develop and submit a
compliance schedule for the design and installation of the technology required to meet applicable
pretreatment standards. The compliance schedule, design, and equipment shall be subject to the
approval of the Director and subject to the requirements of all applicable codes, ordinances, and
lags.
4.41 TEST AND ANALYSIS I STANDARD
P-e 20 of 44
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge
permit application or report shall he performed in accordance with the techniques prescribed in 40 CFR
Part 136, p1 unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with the procedures approved by EPA.
4.42 MAINTENANCE OF PRELIIUtINAR ' TREATMENT FACILITIES
Wherepreliminary inary treatment facilities for any wastewater or other wastes are required, they shall b
operated and maintained continuously in satisfactory and effective operation by the owner, at his
expense. (Ord. 4- 981) Penalty, see 54.75 through 54.85
54.4 MO IT RII MAN -HOLE
When required bythe Director, the owner of any property serviced by a building surer carrying non-
residential was
tes shall install a suitable monitoring manhole together with any necessary meters and
other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the
wastes. The manhole, when required, shall be accessibly and safely located, and shall be constructed in
accordance with p p plans approved by the Director. The manhole shall be installed by the owner at his
expenseand shall be maintained by him o s to be safe and accessible at all tunes. Agents of the
r
Sanitary District, the State Water Pollution Control Agencies, and the U.S. Environmental Protection
Agency shall be permitted to eater all properties for the purpose of inspection, observation, measurement,
urement,
sampling, g.
and testing. Penalty, see 54.75 through 54.85. Monitoring manhole locations shall not be
'�
changed without prior approval of the Director. (Ord. 9 -2002
54.44 E B AIL AND SAID iNT RCEPT R
a Grease oil, sand interceptors and separators, sand traps or retainers shall be prodded when
F
required b the Indiana Uniform Plumbing Code, or when in the opinion of the Director, they are
g y
necessary for the proper handling of liquid wastes containing grease, as, or sand in excessive
amounts, or any flammable wastes, or other harmful ingredients, except that the traps or retainers
q shall
not be required for private living quarters or dwelling units. All traps shall be of a type and
Ply
capacity approved by the Indiana Uniform Plumbing Code and the Director, and shall be located
so as to be readily and easily accessible for cleaning and inspection. (Ord. 9 -2902
b These devices shall be constructed of impervious material capable of withstanding abrupt
and extreme changes in temperature. They shall be of substantial construction, watertight, and
equipped ed with easily removable covers which Then bolted in place shall be gastight and
g
watertight.
cWhere installed, these devices shall be maintained by the owner, at his expense, in
continuously efficient operation at all tunes. (Ord. 9 -2002 Penalty, see 4.75 through 4.8
54.46 SAMPLESTO BE TAKEN FOR MEA URE IIEI lT
In all instances the measurement of BOD, T, or other compatible or incompatible pollutants within non-
residential waste water shall be measured from samples taken at the monitoring manhole
'
within the boundaries of the property or at the next manhole downstream from the property boundary
provided no other wastewater or pollutants are Introduced between the property boundary and the next
downstream manhole.
4.47 PERSONS REIRED To PROVIDE MONITORING tIlILE
All Significant industrial Users, as defined in 4.02(mmm), shall install a surveillance or monitoring
g
iI ersons di char ing into the public sewer systern industrial waste mixtures of BA D, TSS
manhole and a p
Page 21 of 44
or other pollutants of concern with levels greater than the threshold values as established In Chapter
53 provide a monitoring manhole. Monitoring manhole locations shall not be changed without prior
shall rid g
approval of the Director. Penalty, see 54.75 through 54.86 Ord, 1 _ 01
4.ETIS
No new connection shall be made to any sanitary, combined, or storm sewer unless there is capacity
available in all
downstream sewers, lift stations, force rains, and the P TW including capacity for
treatment of B D and T . (Ord. 54-1 g 1) Penalty, see 54.75 through 54.85
54.9 POSIT QF WATEIIATER
o persons p� p
hall face deposit, or permit to be deposited in any unsanitary manner on public or private
property jurisdiction within the of the District, any wastewater or ether polluted water except where
suitable treatment has been provided in accordance with provisions of this Chapter and the NPDE
permit. (Ord. 54-1 1) Penalty, see 54.1101 through 54.1107
INDUSTRIAL TRIAL IfA TE DAR E
54.5g EVER BERVI E SURCHARGE
Producers of industrial wastewaters assessed at pollutant quantities greater than 200 mg1L for B D.
and/or 225 mglL
for TSB for which the cost of treatment i greater than the normal charges paid by the
producer, s pay hallto the Sanitary District a sewer service surcharge as determined by the District,
54.51 DETERMI TI ! F JR HAR E
The sewer
service surcharge shall be determined by sampling and testing, or contract. In either case,
payments shall be based upon current surcharge rates as defined in the District governing ordinances.
(Ord. 4-191
54,.52 llD1TIIAL
Dl t-IAR E PERMIT and GENERAL PERMIT and CONTINUATION OF EXPIRED
PERMITS
It shall be unlawful for an significant industrial user to discharge wastewater into the District's P TW
without first obtaining
an industrial discharge permit or general permit from the Director. Any violation of
the terms and conditions of an industrial discharge permit or general permit shall be deemed a violation of
this Chapter and subjects the permittee to the enforcement and remedies set out in this Chapter.
Obtaining an industrial discharge permit or general permit does not relieve a permittee of its obligation to
Federal and State pretreatment standards or requirements or with any other requirements
comply with all F
of Federal, State, and local law. (Ord. g -2002
The Director may require other industrial users or users, including liquid waste haulers, to obtain
q
wastewater discharge permits or general permits as necessary to carry out the purposes of this Chapter.
Any significant industrial user or user which discharges industrial waste into the PTW prior to the
p
effective date
of this Chapter and wishes to continue such discharges in the future, shall, within ninety
(gg) days
after said date, apply to the District for an industrial discharge permit or general permit in
accordance
with Section .52(A) or E below, and shall not cause or allow discharges to the P TW to
continue
after one hundred eighty 1 g} days of the effective date of this Chapter except in accordance
with an industrialg
discharge a permit issued by the Director, or in the case a valid permit exists and does
not violate any part of this Chapter, shall not have to re -apply until the permit expiration date. (Ord, g '
200
'age, 22 of 4
Any significant industrial user or user proposing to begin or recommence discharging industrial wastes
into the POTW must obtain a wastewater discharge permit in accordance with Section 64.5 A below,
prior to the Beginning or recommencing of such discharge. An Industrial discharge permit application
must be filed at least ninety go) days prior to the date which any discharge will begin. (Ord. - 002
A Application Industrial Discharge Permits
Significant IndU trial Users must complete and file with the District a permit application in the form
prescribed cribed by the District. No discharge permit will be issued until the following information is made
available on the completed permit application. (Ord. - 00
(1) All information required by Section 54.57B of this Chapter;
Description of activities, facilities, and plant processes on the premises, including a list of all
raw materials and chemicals used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the P TW;
( Number and type of employees, hours of operation, and proposed or actual hours of
operation;
(4) Each product produced by type, amount, process or processes, and rate of production;
( Type and amount of raw materials processed (average and maximum per day);
Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all
sewers, sewer connections, inspection manholes, sampling chambers and appurtenances b
size, location and evaluation;
( Time and duration of discharges;
5 Disclosure of the nature and concentration of any pollutants or materials in the discharge
prohibited by this Chapter, including a statement regarding whether or not compliance is being
achieved on a consistent basis and if not, what additional operation and maintenance activities
and/or additional pretreatment is required for the discharger to comply.
Where additional pretreatment and/or operation and maintenance activities will be required to
comply with the applicable pretreatment standard, the User must provide a compliance schedule
by which the User will provide the additional pretreatment and/or implementation of additional
operational and maintenance activities.
a The schedule must contain milestone dates for the commencement and completion
of major events leading to the construction and operation of additional pretreatment
required for the discharger to comply with the requirements of the Chapter including, but
not limited to, dates relating to hiring an engineer, hiring other appropriate personnelo
completing preliminary plans, completing final plans, executing contracts for major
components, commencing construction, completing construction, and all other acts
necessary to achieve compliance.
{b Under no circumstances will the Director permit a time increment for any single step
directed toward compliance which exceeds 9 months.
c Not later than 14 days following each milestone date in the schedule and the final
date for compliance, the User must submit a progress report; to the Director. This report
must include a statement as to whether or not it complied with the increment of progress
Page 23 of 44
represented by that milestone date and, if not, the date on which it expects to comply with
this increment of progress, the reason for delay, and the steps being taken to return the
construction to the approved schedule. In no event shall More than 0 months elapse
between such progress reports to the District.
(
0) Any other information as may be deemed necessary by the Director to evaluate the
wastewater discharge permit application, Incomplete or inaccurate applications will not be
processed and will be returned to the User for revision;
All permit applications for new or modified permits must be signed by a principal executive
officer of the laser.
Application General Permits
t the discretion of the Director, the Director may use general permits to control SIU or User
discharges to the PTw if the following conditions are met. All facilities to be covered by a
general permit roust:
(a) Involve the same or substantially similar types of operations;
h Discharge the same types of wastes:
{c) Require the same effluent limitations;
d Require the same or similar monitoring; and
4e In the opinion of the Director, are more appropriately controlled
under a general permit than under individual wastewater discharge permits.
To be covered by the general permit, the SIU or laser must file a written request for coverage
that Identifies Its contact information, production processes, the types of wastes
generated, the location for monitoring all wastes covered by the general permit, and any other
information the P TW deems appropriate.
The Director will retain a copy of the general permit, documentation to
support 1�11
ort the P T's determination that a specific IU or laser meets the criteria in Section
4. a) to e) and applicable State regulations, and a copy of the U er written request
for coverage for three (3) gears after the expiration of the general permit.
The Director may not control an SILL or laser through a general permit where the
facility is subject to production -based categorical Pretreatment Standards or categorical
Pretreatment Standards expressed as mass of pollutant discharged per day or for lls
whose limits are based on the Combined Wa testrearn Formula 4.30(D)(2) b .
The Director will evaluate the complete application and data furnished by the User and may require
additional information. After full evaluation and acceptance of the data furnished} the District will issue a
Wastewater Discharge Permit or General Permit subject to terms and conditions provided in the Chapter.
Permit. modifications
The Director may modify an individual discharge permit or general permit for good cause including, but
not limited to, the following:
To incorporate any new or revised Federal, Mate, or local pretreatment standards or
requirements. (Ord. 3- 00
To address significant alterations or additions to the users operation, processes, or
wastewater volume or characteristics since the time of the discharge permit issuance. (Ord.
93-00
Page 24 of4
3 change in the P TW that requires either a temporary or permanent reduction or elimination
of the authorized discharge. (Ord. g - o )
4) Information indicating that the permitted discharge poses a threat to the P T , District
personnel, or the receiving waters. (Ord. 93- 00
Violation of any terns or conditions of the individual wastewater discharge permit or general
permit.
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit or general permit application or to any required reporting. (Ord, 03- g0
(7) Revisions ions of or a grant of variance from categorical pretreatment standards pursuant to 40
FR 403.13. (Ord. 3- 00
To correct typographical or other errors in the permit. (Ord, 03- 0 )
The filing of a request by the permittee for a discharge permit or general permit modification does not stag
any discharge permit or general permit conditions.
Permit Conditions
(I)Wastewater Discharge Permits must include the following:
a statement that indicates wastewater discharge permit duration (see .E.
b statement that the wastewater discharge permit is nontransferable (see .F,
c Effluent limits on the average and/or maximum wastewater constituents including best
management practices and characteristics based on applicable pretreatment standards.
(d) When required by the Director, a user developed slug control plan will be added as an
addendum to the permit, or the Director may include specific slug control mechanisms in
the permit in lieu of the development of a slug control plan.
e Self -monitoring, sampling, reporting, notification, and record -peeping requirements.
These requirements shall include an identification of pollutants or best management
practices BIP to be monitored, sampling location, sampling frequency, and sample
type based on Federal, State, and local law. Written reports will be deemed to have been
submitted on the date postmarked, ed, For reports which are not mailed, postage prepaid,
into a mail facility serviced by the D P , the date of receipt of the report shall govern.
f statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedule
may not extend the time for compliance beyond that required by applicable Federal,
Mate, or local law.
Wastewater Discharge Permits may include the following:
(a) Limits on average and/or maximum imum rate and time of discharge and/or requirements
for flog regulations and equalization;
b When wastewater subject to a categorical Pretreatment Standard is mixed with
Page 25 of 44
wastewater not regulated by the same Standard, The Director shall impose are alternate
limit in accordance with 40CFR 403.6(e).
c Requirements for installation and maintenance of inspection and sampling facilities;
(d) Special conditions the Director may require under particular circumstances of a given
discharge including sampling locations, frequency of sampling, number} types, and
standards for tests and reporting schedules;
4e Compliance schedules; and
f Requirements for submission of special technical reports or discharge reports where
they differ from those outlined in the Chapter.
(E) Change in Conditions
See 8.`(C1-
F Duration
Permits shall be Issued for a specified time period, not to exceed five years. The permittee shall apply
for permit reissuance by submitting a completed wastewater discharge permit'application no later than
ninety 0 days prior to the expiration date of the existing permit. when the perrnitee has made a timely
and sufficient application for the renewal or modification of a permit, the existing permit does not expire
until the permit application has been finally approved or denied by the Control Authority. The terms and
conditions of the permit many be subject to modification by the Control Authority during the term of the
permit .a limitations or requirements as identified in this Chapter are modified or other just cause exists.
The laser shall be informed of any proposed changes in a permit at least 30 days prior to the effective
date of change. Where any changes are made in User's permit, a reasonable time shall be given to
achieve compliance. (Ord. - 00
Transfer
Wastewater Discharge Permits are issued to a specific User for the process activity specified in the
permit. General Permits are permits issued to authorize similar discharge activities by one or more
applicants throughout a prescribed geographic area. A Wastewater Discharge Permit or General Permit
shall not be assigned, transferred or sold to a new owner or new User In different premises or to a new or
changed operation in the same or different premises without the approval of the District. (Ord. 8-'l b)
_ p
(H) Continua#ion of Ired Permits
An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) The permittee has submitted a complete permit application at least ninety g days prior to
the expiration date of the permittee's existing permit; and
)The failure to reissue the permit, prior to expiration of the previous permit, is not due to any
act or failure to act on the part of the permittee.
54.53 TESTING REQUIREMENTS
Page 26 of 44
A User shall cause sampling and analysis and reports thereof to be made to the District, of flow and
waste characteristics to determine strength and quantity of B D and TSS under average conditions.
Further testing requirements will be as they appear in the discharge permit issued under 54.5 ().
a Sampling Procedures
Samples and measurements shall be representative of the volume and nature of the monitored
discharge. Samples shall be taken during normal working hours at the specified monitoring
manholes.
Except as indicated in paragraph 2 and 3, below, the User shall collect wastewater
samples using flow proportional collection techniques, or time proportional collection
techniques, if authorized by the Director. Time proportional samples are composed of
constant volume aliquots collected at constant time intervals. This method provides
representative samples when the wastewater flow does not Crary more than 10% of the
average flow rate over time. The tirne proportional sample can be obtained using an
automatic sampler, or by the cornpositing of a minimum of 4 individual grab samples of
the same volume of wastewater, taken during the course of a normal work day.
{ Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques. A grab
sample can be composed of discrete samples, but all samples must be obtained and
combined within a 15 minute time period from start of sampling to finish. When
taking a grab sample, the entire mouth of the sample jar must be submerged below
the surface of the waste stream. The pH sample should be analyzed immediately
and must not be held longer than 15 minutes in any case.
For sampling required in support of baseline monitoring and 00-day compliance
reports rewired in 4.7B} and 4.7A, a minimum of four ) grab samples must
be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic
compounds for facilities for which historical sampling data do not exist; for facilities
for which historical sampling data are available, the Director may authorize a lower
minimum. For the reports required by 4. 7 D , the Industrial User is required to
collect the number of grab samples necessary to assess and assure compliance by
with applicable Pretreatment Standards and Requirements.
(b) The Director may use a grab sample(s) to determine noncompliance with any pretreatment
standards. (Ord. 3- 0
64.54 BILLING PROCEDURE
The District shall sample and analyze the flow of industrial waste to determine the concentration and total
quantity of BOD and TSS under average conditions to corroborate the data reported by the Industrial
Laser per the City of Richmond's Ordinance, Chapter : Sewer Rates and Charges.
The District shall bill the producer of excess waste on a quarterly basis. Three-month periods shall begin
in January, April, July, and October. Periods of less than three months will be billed on a pro -rated basis
or as provided by the sewer Laser rates and charges resolution of the Sanitary District currently in effect.
(Ord. 3-00
54.55 CONTRACT METHOD
D
In cases where the contract method is used, billing by the District shall be made as stipulated in 54.54.
(Ord. 4-1 1
Page 7o4
. B�fLI REGULAR AI
�
Any clause or section
in this Chapter which calls for a billing on a regular basis at variable or fixed rates
shall be billed
according to the rates and charges set forth in Chapter 5. {Ord. 4-1 1
54.57 REPORTS
A) compliance schedule reports
Any User who is
not in compliance with the hapter's limitations or is not meeting categorical
pretreatment standards
at the time of promulgation of that standard, must develop a compliance schedule
' increments of progress which correspond to specific dates. `r"h increments represent major
containing �ncr p
events leading to the co p construction and operation of pretreatment equipment required for the User to meet
the applicable
standard. No increment shall exceed 9 months in duration. Users subject to these
conditions must a progress ro ress report to the Director no later than 14 days following each date in the
complianceschedule. Tp
This report gust include whether or not the User complied with the increment of
progress to be met on such date the reason for delay if the date was not met} the date on which the User
a
expects to comply
with this increment of progress, and the steps bung taken to return to compliance. In
no event can more than 9 months elapse between progress reports.
) Baseline Monitoring Reports
'l ) Within i lain either one hundred eighty (1 0) days after the effective date of a categorical
pretreatment standardor the final administrative decision on a category determination under 40
,
FR
403.6 a , whichever is later, existing Categorical Users currently discharging to or
scheduled to discharge to the P TW shall submit to the Director report which contains the
information listedparagraph in h , below. At least ninety 0 days prior to commencement of
9
their dischargear a Fleur Sources, and sources that become Categorical Users subsequent to the
f
promulgation of an applicable categorical standard, shall submit to the Director a report which
contains the information listed in paragraph 2, below. A New Source shall report the method of
pretreatment it intends to use to meet applicable categorical standards. A new source may
provide
estimated data on production, flour, presence, and quantity of regulated pollutants i
actual data is not available. (Ord. 9 - 00 )
Users described above shall submit the information set forth below:
a)
'f in information. The name and address of the facility, including the name of
ldent�
the operator and owner.
(b)
n lronmental Perrnits. A list of any environmental control permits held by or for the
facility.
c De cri Lion of erations. A brief description of the nature, average rate of
production, and standard industrial classifications of the operation(s) carried out by
such User. This description should include a schematic process diagram which
indicates points of discharge to the PTII from the regulated processes.
d)
Flow Measurement. Disclosure of average daily wastewater flow rates in gallons
per day to the P TA , including daily, monthly and seasonal variations, if any. Include
average daily and maximum daily flow in gallons per day from regulated process
streams and other streams, as necessary, to allow use of the combined wastestream
formula set out in 40 CFR 4.e). All flours must be measured unless other verifiable
techniques are approved by the Director.
Page 28 of 44
e) Measurement of Pollutants.
1) The categorical pretreatment standards applicable to each regulated
process.
() The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the
Director, of regulated pollutants in the discharge from each regulated
process. Instantaneous, daily maximum, and long -terra average
concentrations, or mass, were rewired, shall be reported. The sample
shall be representative of daily operations and shall be analyzed in
accordance with procedures as set forth in 54.41 .
3 Sampling must be performed in accordance with procedures as set
forth in 4.3(a) of this Chapter.
Certification. A statement, reviewed by the UserFs authorized representative
and certified to by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not, whether additional
operation and maintenance and/or additional pretreatment is required to meet the
pretreatment standards and requirements. (Ord. 7 - 007)
compliance - Schedule. If additional pretreatment and/or operation and
maintenance will be required to meet the pretreatment standards, the shortest
schedule by whloh the user will provide such additional pretreatment and/or
operation and maintenance. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment
standard. A compliance schedule pursuant to this section must meet the
requirements as set forth in 4.7A) of this Chapter.
Categorical Pretreatment Standard Compliance Date Report
Within 90 days following the date for final compliance with applicable pretreatment standards} or
in case of a New Source, following commencement of the introduction of wastewater into the
PTil1 any User subject to pretreatment standards and requirements shall submit to the Director
areport containing the information described in 54.57 )d--. For industrial users subject to
equivalent mass or concentration limits established in accordance with the procedures in 40 CFR
403.E , this report shall contain a reasonable measure of the industrial users long terra
production rate. For all other industrial users subject to categorical pretreatment standards
expressed in terms of allowable pollutant discharge per unit of production (or other measure of
�,
o eration this report shall include the industrial users actual production during the appropriate
operation),
sampling period. All compliance reports must be signed and certified in accordance with
4. 7E. (Ord. -00
(D) Periodic compliance reports
1 All Users subject to an applicable pretreatment standard shall, at a frequency
determined by the Director but in no case less than four times per year in April, July,
October, and January) each covering the previous three month period, subunit a
report indicating the nature and concentration, or production and mass where
required by the Director, of pollutants in the discharge which are limited by such
pretreatment standards. In cases where the Pretreatment Standard requires
compliance with a best management practice (3MP) or pollution prevention
Page 29 of 44
alternative, the user m
Est submit documentation required by the Director or the
Pretreatment Standard necessary to determine the compliance status of the User.
Additionally, this report shall include a measured or estimated flow for the reporting
�
period, or in the case of significant industrial users subject to categorical pretreatment
standards, shall include a record of measured or estimated average and nnaxlMum
daily flews for the reporting period. All periodic compliance reports must be
p p postmarked by the fifteenth t�
� day of the reporting monthF signed and certified in
accordance with 4.7(E.
All -wastewater samples must be representative of the industrial user's discharge.
Wastewater monitoring and
flow measurement facilities shall be properly operated,
kept clean, and maintained in good working order at all tunes. The failure of an
industrial user to keepits monitoring facility in good working order shall not be
grounds for the industrial user to claim that sample results are unrepresentative of Its
discharge. rd. W o0
( if n industrial user subject to the reporting requirements in and of this section
monitors any pollutants
identified in their permit more frequently than required by
their permit, using the procedures prescribed in 54.41, the results of this monitoring shall be included in the report. {Ord. -og
• Periodic compliance reports maybe waived by the Director if the District chooses to
monitor the industrial user's required wastewater discharge and no process wastewater is discharged to the District's P T\N. Ord. -00
(5) All discharge monitoringand analysis shall be performed in accordance with 54.41.
(Ord. - og
and analysis indicates a violation, the industrial user shall
� if industrial user sampling
report to the District in accordance with 54.74(A). Ord. -00
E Signatory Requirement
discharge permit applications, user reports and certification
All wastewater dr g p
be signed b an Authorized Representative of the laser. the
statements must g
above reports shah
contain the certification statement as set forth in 40 CFR
.. and shall be signed by an authorized representative of the
Industrial Usert whom meets the signatory requirements as defined in 40 CFR
40.1l. rd. 72-007)
ized Re
of n Author is no longer accurate because
If the designation
p onion has responsibility for the overall operation of the
a different individual or
overall responsibility for environrentai matters for the company, a new
facility or v res P
written authorization satisfying the requirements of this Section must be
submitted to the err
Director prior to or together with any reports to be signed by an
Authorized Representative.
` `cation statement is required to b signed and submitted by
The following certification
emit a lications, baseline monitoring reports} compliance
Users submitting p pp
categorical �retreatrr�ent standard deadlines, all periodic
reports with the
compliance reports and initial request to forego sampling of a pollutant. The
following certification statement must be signed by an Authorized Representative
as defined in 4.0dI W4);
'age 30 of 44
I certify under penalty of law that this document and all attachments were
prepared under rny direction or supervision in accordance with a systern
designed to assure that qualified personnel properly gather and evaluate the
information
submitted. Based on my inquirer of the person or persons who
manage the system, or those persons directly responsible for gathering the
n
information, the information submitted is, to the best of ray knowledge and belief,
�
true, accurate and complete. i arm aware that there are significant penalties for
submitting false info,
n ation including the possibility of fine and imprisonment for
knowing violations.
F) vV;% tewater Survey-
• anita District and/or Director, all is gust submit
IIVhe� requested b the Richmond heir wastewater � completing a survey. �'be
information on the nature and characteristics oft wire is to update this
Director
is authorized to prepare a form for this purpose and may requireinformation.. Failure to oofi e sewer use
fete this survey shall be considered a violation of t
�
Ordinance and may result In penalties found. Penalty see 64.7 through 54.86)
4. 0 PRP-TREATMENT sTANDARD
pretreatment as required to comply with this Chapter and l�il
Industrial users shall provide necessary pretr rds local limits and the prohibitions set forth
thieve compliance with all categorical pretreatment standards,
in 4.g within the ctor, whichever is more
• e time limitations specified by the EPA, the State, or the Dire
stringent. Ord. -00
eaten, standards found t FR chapter 1, ubGhapter N5
(A) The National Categorical Pretr � gg�
Parts 44 -4 1 are hereby incorporated. (Ord. 9
State of Indiana Pretreatment
Standards are also incorporated into this Chapter. (Ord. g -
0
ATM NT FACILITIES TC) RF APPROVED BY DISTRICT
.. formation relating to pretreatment or control facilities shall
Plans, specifications, and any other pert hall b oornrrenoed until
be submitted for approval of the District, and no construction of the facilities 11 be maintained continuously
'tire is ranted. where these facilities are provided, they ha a subject to
approval �n vur� g
operating order by the User, at the lasers expense, and shall j
in satisfactory and effective p g
periodic inspection by the District to determine that the facilities are being operated in conformance with
ermits. The User shall maintain operating records and shall
applicable federalr stat l and local laws and p I Wastewater
Discharge Permit, of the
submito the Districts periodic reports, as required in the laser s 1 and for
t
character of theinfluent and effluent to show the performance of the treatment facilities
comparison against Di
,riot monitoring records. Penaltyk see 4. through 4.8
4.g CERTAIN INPI�LtJTPD vT PROHIBITEDisobar ed, or make a connection to discharge or cause to b
- �
No person shall discharge or cause to bed g #ornn�rvter, surface water, ground water,
to any sanitary sewer, either directly or indirectly, Olin water, unpolluted
discharged
outs swimming pools, subsurface drainage, or noncontact cooling .
roof runoffs downspouts,
her unpolluted waters. (Ord, - 00 Penalty, sea 4.` through industrial process water, or of p
54.61 STRENGTH Op nlSCHARGE USED 70 ESTABLISH CHARGES
Page 31 of 44
Strength of wastewaters shall be determined, for periodic establishment of charges provided for in
Chapter53, from samples taken at the structure(s) mentioned in 54.43 and 54.59 at any period of time
and of such duration and in such a manner as the District may elect, or, at any place mutually agreed
upon between the User and the District. Appropriate charges for sampling and analysis shall be
assessed to the User at the option of the District. The results of routine sampling and analysis by the
User may also be used for determination of charges with appropriate verification by the District.
54,62 tThis section left intentionally blank)
64.63 ACCIDENTAL DISCHARGES -and SLUG DI CH
A Accidental discharges
Each Industrial User having the ability to cause interference with the PCTW treatment plant or to violate
the regulatory rovisions of this Chapter shall implement a plan to provide protection against accidental
discharge to the P TW of prohibited materials or other substances regulated b this Cl a pter. The
Director may require any User to develop, submit for approval, and implement such a plan. Facilities to
prevent accidental discharge or prohibited materials from entering the P T1i shall be provided and
maintained at the User's own cost and expense. All Industrial Users whose wastewater includes or could
include compatible or incompatible pollutants in amounts great enough to cause interference with the
POTvv must have detailed plans on file at the District showing facilities and operating procedures to
p
provide this protection. Plans shall be approved by the District before construction of the facility. Review
and approval of such plans and operating procedures shall not relieve the Industrial User from the
responsibility to modify its facility as necessary to meet the requirements of this Chapter.
1) Notification
In the case of an accidental or deliberate discharge of compatible or incompatible pollutants
which may cause interference at the P TW or violate regulatory requirements of this Chapter, it
shall be the responsibility of the Industrial User to immediately telephone and notify the District of
the incident as set forth in 4. 4(B)(1) of this chapter. This notification small include name of
caller, location and time of discharge, type of wastewater, concentration, volume, and corrective
actions. (Ord. - 98 )
Written report
Within ten 19 working days following such an accidental or deliberate discharge, the Industrial
User shall submit to the Director a detailed written report describing the cause of the discharge
and the measures to be taken by the User to prevent similar future occurrences as set forth in
4.4 B of this chapter. Follow-up reports may be required by the District as needed. Such
report, or reports, shall not relieve the Industrial User of any expense, loss, damage or other
liability which may be incurred as a result of damage to the PoT11, fish Kills, or any other damage
to
or person property; nor shall such report relieve the User of any fines, civil penalties, or other
p
liability which may be imposed b the Chapter or otherwise. Failure to report ac idental or
deliberate dischargers may, in addition to any other remedies available to the District, result in the
revocation of the User's Wastewater Discharge Permit. (Ord. -19
85)
B Slug Control Plan
Each significant industrial user must be evaluated for a slug control. The Director may rewire any User
to develop, submit for approval, and implement such a plan. A slug control plan shall address, at
minimunn, the following:
1 Include definition of Slug Discharge as per this chapter 64.02(nnn).
Page 32 of44
Description of discharge practices, including non -routine batch discharges;
(3) Description of stored chemicals;
4 Procedures for immediately notifying the Director of any discharge meeting the definition of
;`Slug Discharge", as set forth in 4.74B) of this Chapter; and
Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures for containing tonic organic
pollutants, including solvents, and/or measures and equipment for emergency response.
C Evaluation Criteria
Criteria used to evaluate the need for an accidental or slug control will be site specific, but at a minimum
will considerquantity and types of materials used or stored and their potential for causing violation of
local limits or the general or specific prohibitions, potential for such materials to enter the severer
systems and cause damage, pass through or interference; and 3 existing controls to prevent any
potential accidental or slug discharges.
(D) Notification of Change
The Director must be notified immediately of any change that occurs at a facility that affects the potential
for an accidental or slug discharge, thereby allowing the District to reevaluate the need for a accidental or
slug control plan or other actions to prevents such discharges.
4.64 DILUTION
No laser shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial
or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in
the National Categorical Pretreatment Standards when effective, or in any other pollutant -specific
limitation developed by the District or State. (Ord. 38-1 98
The district may impose mass limitations on lasers which are using dilution to meet applicable
Pretreatment Standards or Requirements, or in other oases where the imposition of mass limitations is
appropriate. (Ord. 93- 00
54.65 NOTICE TO EMPLOYEES
A notice shall be permanently pasted on the User's bulletin board or other prominent place advising
employees whom to call in the event of a discharge of a prohibitive material. Employers shall insure that
all employees ees who are in a position to cause, discover, or observe such an accidental discharge are
advised of the emergency notification procedures. (Ord. 3 -198
54.66 UPSETS
The Industrial laser must submit the following information to the District within 24 hours upon becoming
aware of an operational upset if this information is provided orally, a written submission must be provided
_
within ten (10) working days) -
(a) description of the upset and specific cause of noncompliance
Page 33 of 44
(b) The period of noncompliance, including enact dates and times or, if not corrected, the
anticipated tinne the noncompliance is expected to continue
c Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the
noncompliance
documented and verified upset may constitute an affirmative defense to an action brought for
noncompliance with applicable pretreatment standards if the requirements of 40 CFI 403.10(c) are met.
(Ord. 3 -1 g35
64.67-RECORD RETENITI N
Userssubjectreporting to the re ortin requirements of this Chapter shall retain at the location of the User's
regulated
facilityand make available for inspection and copying, all records of Information obtained
F
pursuant to any monitoring activities required by this Chapter and any additional records of information
obtained pursuant
to monitoring activities undertaken by the User independent of such requirements, and
documentation associated with best management practices (B P) established under 54.39 Records
shall include the date, enact place, method, and time of sampling and the name of the Person(s) taking
the samples; the dates analyses were performed; who performed the analyses; the analytical techniques
i and the results of such analyses. These records shall remain available for a period of
or methods used, .
t least t ]�
three 3 ears. This period shall be automatically extended for the duration of any litigation
concerning ruin the User or the City, or where the User has been specifically notified of a longer retention
period by Director.
54.03 ANNUAL PUBLICATION F SIGNIFICANT NONCOMPLIANCE
The Director publish ublish annually, In the largest daily newspaper published in the municipality where the
POTW `s located, a list of the Users which, during the previous twelve (1 ) months, were in significant
�,
noncompliance with applicable pretreatment standards and requirements. The term significant
p
noncompliance shall mean:
A. Chronic violations - Sixty -sic %) or more of all measurements taken during a sic month
period exceed, by any magnitude, a numeric standard or requirement, including instantaneous
limits, as defined y 40 CFR 403,3(1); _ - percent 3 or more of all
B. Technical Review Criteria (T1) violations Thirty-three p
measurements for each pollutant parameter taken during a six month period equal or exceed the
rr�eau�re
product of the numeric standard or requirement, including instantaneous limits, as defined by 40
CFR 403.3(1), multiplied by the applicable TRC listed below:
Conventional Pollutants: Biochemical oxygen Demand (B D), Total Suspended Solids
T, Fats Oil, Grease (FOG).
TRC LIMIT - numeric standard or requirement x 1.
TOTE: Discharge of conventional surcharge pollutants in excess of threshold
concentrations will not constitute a violation unless the discharge satisfies a condition in
1.c or 1 A below.
All ether Pollutants ece t
TRC LIMIT - numeric standard or requirement x 1.2;
C. Any
other violation of a pretreatment standard or requirement as defined by 40 CFR 403. 1)}
such
s daily maxiMLI , long-term average, instantaneous limit, or narrative standard that the
Page 34 of 44
District determines has caused, alone or in combination With other discharges, interference (i.e.
slug loads) or pass through, including endangering the health of District personnel or the general
public;
D. Any discharge of a pollutant that has caused imminent endangerment to human health, .
welfare or the environment; or has resulted in the District's exercise of its emergency authority to
halt or prevent such a discharge.;
E, Failure to meet, within ninety 90days after the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
F. Failure to provide within forty-five 4 days after the due date, required reports such as
baseline monitoring reports, report on compliance with categorical pretreatment standard
deadlines, periodic self -monitoring reports, and reports on compliance with compliance
schedules,
. Failure to accurately report noncompliance; or
H. Any other violation or group of violations, which may include a violation of Best Management
Practices (13MN1, that the District determines will adversely affect the operation or
i ptementation of the local pretreatment program.
54.69 CONFIDENTIAL INFORMATION
Information and data on a User obtained from reports, surveys, wastewater discharge, permit application,
wastewater discharge permits, and monitoring programs, and from the Director's inspection and sampling
activities, shall be available to the public without restriction, unless the User specifically requests, and i
able to demonstrate to the satisfaction of the Director, that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade secrets as stated in 40
CFR Part 2, which refers to public information. Any such request must be asserted at the time of
submission of the information or data by stamping the words, "confidential business information H, on each
page a containingsuch information. Wastewater constituents and characteristics and other "effluent data"'
as defined by 40 CFR 2.302will not be recognized as confidential information and will be available to the
public without restriction. Regardless of information being stamped ;Xconfidential business information",
this information shall be made available for governmental agencies for use in all matters pertaining to the
NPDES program or pretreatment program, and in enforcement proceedings involving the person
furnishing the report.
POWER AND AUTHORITY OF INSPECTORS
4.0 PROPER CREDENTIALS OR IDENTIFICATION REFIRED
Any person, Director, or other duly -authorized employee shall present proper credentials or identification
before entering upon property of the User. (Ord. 4-1 1
RIGHT OF ENTRY
A The Director shall have the right to eater premises of any laser to determine whether the User is
complying with all requirements of this Chapter and any wastewater discharge permit or order issued
hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, and performance of any additional duties.
Page 35 of44
1 Where a User has a security measures in force which require proper identification and
clearance before entry into its premises, the User shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification, the Director will be permitted
to enter without delay for the purposes of performing specific responsibilities.
) The Director shall have the right to set up on the User's property, or require installation of,
such devices as are necessary to conduct sampling and/or metering of the User's operations.
3) The Director may require the User to install monitoring equipment as necessary. The
facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the User at its own expense. All devices used to measure wastewater flow
and quality shall be calibrated periodically to ensure their accuracy.
4 Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the User at the written or verbal request
of the Director and shall not be replaced. The costs of clearing such access shall be borne by
the User.
5) Unreasonable delays, defined as longer than fifteen 15 minutes, in allowing the Director
access to the User's premises shall be a violation of this Chapter.
If the Director has been refused access to a building, structure, or property, or any part thereof, and is
able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there
is a need to inspect and/or sample as part of a routine inspection and sampling program of the District
designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the
overall public health, safety, and welfare of the community, then the Director may seek issuance of a
search warrant from any court of general jurisdiction within Wayne County, Indiana.
54.72 SAFETY STANDARDS
While performing the necessary work on private properties referred to in 54.71 the Director or other duly -
authorized employees of the District shall observe all safety rules applicable to the premises established
by the company, and the company shall be held harmless for injrIry or death to the District employees.
The District shall indemnify the company against loss or damage to its property by District employees and
against liability claims and demands for personal injury or property damage asserted against the
company and growing out of the gauging and sampling operation, except as such may be caused by
negligence or failure of the company to maintain safe conditions as required in 54.43. (Ord. 54-1 g 1
54.73 ENTRY. Y. WORK TO BE IN ACCORDANCE WITH EASEMENT
The Director and other duly -authorized employees of the District bearing proper credentials and
identification shall be permitted to eater all private properties through which the District holds a duly
negotiated easement for the purposes of, but not limited to, inspection, observation, measurement,
sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All
entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the
duly negotiated easement pertaining to the private property involved. (Ord. 4-1 g 1
54.74 NOTIFICATION
A) 24 Hour Notification/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must notify the Director within twenty-four
Fours of becoming aware of the violation. If sampling performed by the Control Authority indicates a
Page 36 of44
violation the User will be notified within twenty-four 2 hours of becoming aware of the violation. In all
instances, the laser shall repeat the sampling and analysis and submit the results of the repeat analysis to
the Director within thirty 30 days after becoming aware of the violation.
B Reports of Potential Problems
(1 ) In the case of any discharge, including, but not limited to, accidental discharges, slag
discharges, or any other non -routine discharge. The User shall immediately telephone and notify
the Director of the incident. This notification shall Include the location of the discharge, type of
waster concentration and volume, if know, and corrective actions taken by the User.
{} Within ten 10) days following such discharge, the User shall, unless waived by the Director,
submit a detailed written report describing the cause of the discharge and the measures to be
taken by the User to prevent similar future occurrences. Such notification shall not relieve the
User of any expense, lass damage, or other liability which may be incurred as a result of damage
to the POT v, natural resources, or any other damage to person or property; nor shall such
notification relieve the User of any fines, penalties, or other liability which may be imposed
pursuant to this Chapter.
3 notice shall be permanently posted on the User's bulletin hoard or ether prominent place
advising employees whom to call in the event of a discharge described in paragraph I, above.
Employers shall insure that all employees who are in a position to cause, discover, or observe
such an accidental discharge are advised of the emergency notification procedures.
(4) Significant Industrial Users are required to notify the Director immediately of any changes at
its facility affecting the potential for a Slug Discharge.
C Deports of Changed Conditions
All Industrial users roust notify the Director of any planned significant changes to the User's operations or
system which will alter the volume or characteristics of its wastewater, including the listed or characteristic
hazardous wastes for which the industrial user has submitted initial notification under . ' D at least
thirty 30 days before the change. Industrial users described in 4.7 ( ) below are subject to
additional notification of change reporting procedures. (Ord. 93-200
1 For purposes of this requirement, significant changes include, but are not limited to, flow
increases/decreases of twenty percent (20%) or greater, and/or the discharge of any
previously unreported pollutants.
2 The Director may require the User to submit information as may be deemed necessary to
evaluate the changed condition, including the submission of a wastewater discharge permit
application under Section 54.52 of this Chapter.
(3) The Director may issue a wastewater discharge permit under Section 54.52 of this chapter or
modify an existing wastewater discharge permit in response to changed conditions or
anticipated changed conditions.
4 o user shall implement the planned changed conditions until and unless the Director has
responded to the industrial user's notice. (Ord. 93- 00
( Any industrial user operating under a permit incorporating equivalent mass or concentration
limits calculated from a production based standard shall notify the Director within two
business days after the user has a reasonable basis to know that the production level will
significantly change within the next calendar month. (Ord. -2002)
Page 37 of 44
(D) Notification of the Discharge of Hazardous Waste
(1) Any User who commences the discharge of hazardous waste shall notify the P T , the EPA
Regional Waste Management Division Director} and State hazardous waste authorities, in writing,
of any discharge into the P T I of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261. Such notification must include the name of the
hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, other). If the User discharges more than one hundred (100
kilograms of such waste per calendar month to the P TW, the Notification also shall contain the
following information to the extent such information is known and readily available to the User; an
identification of the hazardous constituents contained in the wastes, an estimation of the mass
and concentration of such constituents in the waste -stream discharged during that calendar
month, and a estimation of the mass of constituents in the waste stream expected to be
discharged during the following twelve 1 months. All notifications must take place no later than
one hundred and eighty 1 0 days submitted only once for each hazardous waste discharged.
However, notifications of changed conditions must be submitted under Section 54.74(D) of this
Chapter. The notification requirement in this section does not apply to pollutants already reported
under the self -monitoring requirement of 54.57(-D) of this Chapter.
Discharges are exempt from the requirements of paragraph A, above, during
calendar month in which the discharge is no more than fifteen 5 kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes as specified in 4
CFR 261.30(d)and 1.3e. Discharge of more than fifteen 5 kilograms of non -
acute hazardOLIS wastes (in a calendar month, or of any quantity of acute hazardous
wastes) as specified in 40 CFR 0 .30 d and 1.33(e), required a onetime notification.
Subsequent months during which the User discharges more'than such quantities of any
hazardous waste do not require additional notification.
3 In the case of any new regulations Linder Section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous
waste, the User must notify the Director, the EPA Regional Waste Management Waste
Division Director} and State hazardous waste authorities of the discharge of such
substance within ninety 00 days of the effective date of such regulations.
4 In the case of any notification made under this section, the User shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes generated
to the degree it has determined to be economically practical.
(5) All industrial users permitted by the District shall make a onetime notification to the
Director on the District's '(Hazardous Waste Notification Form" stating if the company i
subject to the reporting conditions in 54.74 D 1- . (Ord. 03- 00
( This provision does not create a right to discharge any substance not otherwise permitted to
be discharged by this Chapter, a permit issued thereunder, or any applicable Federal or State
lair,
( Reports from ion -permitted Users
All Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the
Director as the Director may require.
N e 38 of 4
Written reports required under any section of this Chapter will be deemed to have been submitted on the
date post -marked. For reports which are not marked, or do not show a postmark, the date of receipt of
the report shall govem.
ENFORCEMENT AND REMEDIES
54.75 ADMINISTRATIVE ENFORCEMENT/REMEDIES
An Enforcement Response Guide (ERG), prepared for passage} and approved in conjunction with this
ordinance, by the Beard of Sanitary Commissioners of the Richmond Sanitary District shall be used to
ensure that the requirements of 40 CFR Part 403 of the Clean Water Act are met. The ERG outlines
various Administrative Actions the Director may take for various pretreatment violations. The maximum
um
fine shall be two thousand fire hundred ,500.00) dollars per day per violation. When the Director
finds that a User has violated, or continues to Violater any provision of this ordinance, an individuzil
wastewater discharge permit, or general -permit, the Director shall refer to the Enforcement Response
Guide (ERG) to ensure reasonable and equitable enforcement. The Director shall review and update, on
n annual basis, for the Board of Sanitary Commissioners any changes needed to insure compliance with
the Federal, State and Local Pretreatment Regulations as listed in the Act and this Chapter.
A. Informal Notice - An Informal notice may be either a documented phone call, email written
warning), or a site visit/meeting notifying the User of minor incidences that have occurred and that
need to be corrected. Repeat performance of the same incidence or escalation of the incidence
will result in escalated enforcement action.'
{B) Notice of Violation(NOV)— An NOV is a written notification to the 1U indicating the type of
apparent violation and requesting a written response within ten days, indicating a reason for
the noncompliance and what steps are being taken to eliminate any future Violations of similar
nature.
54.76 CONSENT ORDERS S AND INTERIM LIMITS
A. The Director may eater into Consent Orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with any User responsible for noncompliance.
Such documents will include specific action to be taken by the User to correct the noncompliance
within a time period specified by the document. Interim Discharge Limits may be included in a
Consent Order, at the discretion of the Director} when the User is working in Good Faith to correct
the noncompliance. such documents shall have the same farce and effect as the administrative
orders issued pursuant to Sections 54.78 and 54.79 of this Chapter and shall be judicially
enforceable.
B. Interim Discharge Limits Interim Limits) may be issued as a condition of a pretreatment
enforcement response. Any Consent Order issued to are IU under the provisions of this Chapter
may include Interim Limits for the duration of such Order. Interim Limits shall be established and
approved by the Director. if Interim Limits are established, the lU shall acknowledge that any
violation of such limits will, in addition to any other remedies or causes of action the District may
have, result in penalties for each such Violation. Compliance with Interim Limits shall not relieve
the lid from liability under the provisions of this Chapter, Federal or State regulations or statutes
except as specifically provided in the Consent Order in which they are Incorporated. Interim
Limits shall not exceed five times the It's current permit discharge lirnits:
'age 39 of 44
4. 7 SHOW CAUSE FEARING
The Director may order a User which has violated, or continues to violate, any provision of this Chapter, a
wastewater discharge permit or order issued hereunder, or -any other pretreatment standard or
requirement, to appear before the Director and show cause why the proposed enforcement action should
not be taken. Notice shall be served on the User specifying the time and place for the meeting, the
proposed enforcement action} the reasons for such action, and a request that the User show cause wby
the proposed enforcement action should not be taken. The notice of the meeting, shall be, seared
personally or by registered or certified mall (return receipt requested) at least ten (1 o) days prior to -the
hearing. Such notice may be served on any authorize representative of the User. A show cause hearing
shall not be a bar against, or prerequisite for, taking any other action against the User.
54.78 ADMINISTRATIVE COMPLIANCE ORDERS
When the Director finds that a User has violated, or continues to Violate, any provision of this Chapter, a
wastewater discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, the Director may issue an order to the User responsible for the discharge directing that the
User come in compliance within a specified time. If the User does not come into compliance within the
time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. Compliance orders also may contain other
requirements to address the noncompliance, including additional self -monitoring and management
practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order
may not extend the deadline for compliance established for a pretreatment standard or requirement, nor
does a compliance order relieve the User of liability of any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action
against the User.
54.79 CEASE AND DESIST ORDERS
When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a
wastewater discharge permit or order issued hereunder, or any other pretreatment standard requirement,
or that the User's past violations are likely to recur, the Director may issue an order to the User directing it
to cease and desist all such violation and directing the User to:
A. Immediately comply with all requirements, and
B. Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operation and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other
action against the Users.
4.0 ADMINISTRATIVE FINES
A. When the Director finds that a User has violated, or continues to violate, any provision of this Chapter,
a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, the Director may fine such User in an amount not to exceed two thousand fire hundred
,00.00 dollars as set forth in the Enforcement Response Guide. such fines shall be assessed on a
per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall
be assessed for each day during the period of violation.
B. Unpaid charges, finds, and penalties shall after forty -fire 4 calendar days, be assessed an
additional penalty of ten percent 1 ono of the unpaid balance, and interest shall accrue thereafter at a
Page 40 of 44
rate of one and ore -half percent (1 1/2%) per month. A lien against the User's property will be sought for
unpaid charges, fines, and penalties.
C. Users desiring to dispute such finds must file a written request for the Director to reconsider the fine
along with full payment of the fine amount within thirty 0) days of being notified of the fine. Where a
request has merit, the Director may convene a meeting on the ,natter. In the event the User's appeal is
successful, the payment, together with an interest accruing thereto, shall be returned to the User.
. Issuance of an administrative fire shall not be a bar against, or a prerequisite for, taping any other
action against the laser.
54.81 EMERGENCY ENC USPEI I NS
The Director may immediately suspend a User's discharge, after informal notice to the User, whenever
such suspension is necessary to stop an actual or threatened discharge which reasonably appears to
present or cause an imminent or substantial, endangerment to the health or welfare of persons.
The Director may also immediately suspend a User's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of'the ITT, or which presents, or may present, are
endangerment to the environment.
A. Any User notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a User's failure to immediately comply voluntarily with the
suspension order, the Director may take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the T1lIJ, its receiving
stream, or endangerment any individuals. The Director may allow the User to recommence its
discharge when the User has demonstrated to the satisfaction of the Director that the period of
endangerment has passed, unless the termination proceedings in section 54.82 of this chapter
are initiated against the User.
B. A User that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the harmful
contribution and the ,measures taken en to prevent any future occurrence, to the Director prior to the
date of any show cause or termination hearing under section 54.77 or 54.82 of this chapter.
Nothing in this section shall be Interpreted as requiring a hearing prior to any emergency
suspension under this section.
54.82 TERMINATION OF DISCHARGE
In addition to any other provisions of this chapter, any User who violated the following conditions i
subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
D. Refusal of reasonable access to the User's premises for the purpose of inspection,
monitoring, or sampling;
E. Violation of the pretreatment standards in Section 54.58 of this chapter. Such User will be
notified of the proposed termination of its discharge and be offered an opportunity to slow cause
Page 41 of 44
under Section 54.7 of this chapter why the proposed action should not be taken. Exercise of
this option by the Director shall not be a bar to, or a prerequisite for, taking any other action
against the laser.
54.83 JUDICIAL ENFORCEMENT REMEDIES
A injunctive Relief
When the Director finds that a User has violated, or continues to violate, any provision of this
Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Director may petition through any court of general jurisdiction within
Wayne County, for the issuance of a temporary or permanent injunction, as appropriate, which
restrains or complies the specific performance of the wastewater discharge permit, order, or other
requirement imposed by this Chapter on activities of the User. The Director may also seek such
other action as is appropriate for legal and/or equitable relief, including a requirement for the User
to conduct environmental remedia#ion. A petition for injunctive relief shall not be a bar against, or
a prerequisite for, taking any other action against a User.
BCivil Penalties
In addition to the administrative fines available herein, a User who has violated, or continues to Violate,
any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall also be liable to the District for a maximum civil penalty of
, 00.0o per violation, per day. In the case of a monthly or other long-term average, discharge limit,
penalties shall accrue for each day during the period of the violation.
In determining the amount of civil liability, the court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused by the
violation, the magnitude and duration of the violation, any economic benefit gained
through the User's violation, corrective actions by the User, the compliance history of the
User, and any other factor as justice requires.
Filing a suit for civil penalties shall not be a bar against, or a prerequisite, for taking
any other action against a User.
c The Director may recover reasonable attorney's fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring expenses, and the cost
of any actual damages incurred by the District
54.84 REMEDIES NONEXCLUSIVE
The remedies provided for in this Chapter are not exclusive. The Director may tale any, all, or any
combination of these actions against a noncompliant User. Enforcement of pretreatment violations will
generally be in accordance with the District Enforcement Response Plan. However, the Director may
take other action against any User when the circumstances warrant. Further, the Director is empowered
to take more than one enforcement action against any noncompliant User.
54.5 VIOLATER TO PAS' DAMAGES.
Page 42 of4
In addition to the fines provided in 54.75 for conviction of a violation of this Chapter the Sanitary District
shall cause to be collected from the violator an amount equal to all damages as are sustained by the
District as a result of the violation. (Ord. 54-1 931 )
54.86 ADMINISTRATIVE APPEAL
In the event that a User disputes any interpretation or ruling of the Director on matters covered by the
Chapter, that User may request an appeal before the entire Board of Sanitary Commissioners, which
request must be in writing and be made within thirty o) days of the Director's action. A hearing will he
held by the Board at which time the User may present its arguments on the issue.
54.87 FALSIFYING INFORMATION
Any person who knowingly males any false statements, representations or certifications in any
application, record, report, plan or other document tiled or required to be maintained pursuant to this
Chapter or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly Tingly renders inaccurate
any monitoring device or method required under this Chapter, shall be guilty of a misdemeanor and upon
conviction, be punished by civil penalties. (Ord. 38-1985)
54.88 STATUTORY AUTHORITY
(a) This Chapter is adapted pursuant to I.C. 36-9-25-1 et seq., and all other statutes of the state,
as amended, relating to sewers and sanitation departments and districts, and the Board of
Sanitary Commissioners shell have the powers conferred by state law.
(b) The Board of Sanitary Commissioners shall, in accordance with state law, make and enforce
whatever bylaws, rules, and regulations it may deem necessary for the safe, economical, and
efficient management of the sewage utility, for the construction and use of building sewers and
connections to the sewerage system, for the regulation of the rates and subsequent collection of
charges for any strength of waste surcharge, and in general for the implementation of the
provisions of this Chapter. (Ord. 4-19 1
INTERPRETATION
54.89 SEVERABILITY
The invalidity of any section, clause, sentence, or provision of this Chapter shall not affect the validity of
any other part of this Chapter which can be given effect without the invalid part or parts. (Ord. 5 -19 1
54.90 COMPLIANCE WITH STATE OR FEDERAL REQUIREMENTS
All provisions of this Chapter and limits set herein shall comply with any applicable state or federal
requirements now, or projected to be, in effect. (Ord. 4-1 31
4.91 APPLICABLE STAI DARDB
Upon the promulgation of the National Categorical Pretreatment Standards for a particular Industrial
User, the said standard, if more stringent than the limitations imposed under this Chapter for sources
in that category, shall, when effective} immediately supersede the limitations and conditions unposed
under this Chapter. State requirements and limitations on discharges apply in any case where they
are more stringent than Federal requirements or those contained in this Chapter. (Ord. 33-193
(Entire Chapter revised by Ord. 9-199 )
Page 43 of 44
54.92 TENANT RESPONSIBILITY
Where, an owner of pr,ope�rty leases premises to any other person as a teriant under any, rental or'
lease agreement, if either the owner or, the tienan't is a LISOr other, than a dorriestic user, either oi- both
rinay be, held' responsible for, compliance, with th,e provisions of this Chapter.
Passed a,,,tid adopted thi'vle dtiy o], 201.8, by the Coiiuiion Council of the City
of Richinond, Indiai'la.
. . ... . ........
........... ..... . .....
Ptvsident
J a
1111C fu.
I / /'
00,1
000
AT"I" ISIT. 40c" iry,
11
(Karen. Chcasteen, 1AMC, MMC)
PRESENTED to the May of the City of fficluiiond, hidi'ana, thl's,, clay of
v"t", I k c Cr
� e-:7
Cluastee n, 1AMC, 1\4MC)
AC"I_y PPK.,_, OVED by me, David M. Stiow, Mayor of the City of Ridmiond, hidiatia tI '111laof1j,' s 2_
. ... . . . . . ....... . 14w,
(David, M. Snow)
................... . . ........
ATT'ES
(Karen Clhasteen, ,AMC, MMC)
ERICH=
RI HMOND SANITARY DISTRICT
T
Industrial Pretreatment Enforcement Management Plan
and Enforcement Response Guide
DEFINITIONS AND ACRONYMS
INTRODUCTION
11. MANAGEMENT PLAN
A. Industrial User Inventory
B. Industrial Classification
C. Permitting
D. Compliance Monitoring
E. Industrial Inspections
F. Data Screening and Tracking
G. Identification of Violations
H. Compliance Decisions and Enforcement
I. District Personnel Enforcement Responsibility
III. ENFORCEMENT PROCEDURES
ES
A. Purpose
B. Types of Enforcement Responses
G. Significant Noncompliance
Ill. ENFORCEMENT RESPONSE GUIDE
A. Sampling, Monitoring and Reporting
B. Compliance Schedules
C. Discharge Limitations
D. Noncompliance Detected Through Inspections or Field Investigations
V. TIME FRAMES FOR RESPONSES
VI. ADMINISTRATIVE FINE SCHEDULE
i. DEFINITIONS AND ACRONYMS
F = Administrative Fire (Section III B .
AO = Administrative order (Section Ill B .
APPROVAL AUTHORITY = Indiana Department of Environmental Management
(Section 11 .
Board of Sanitary Commissioners = Board of Sanitary Commissioners of
Richmond, Indiana
CDO = Cease and Desist order (Section Ill B b.
CO = Consent Order (Section III B 4.
CONTROL AUTHORITY = Richmond Sanitary District (Section 1.
Director = Director of Richmond Sanitary District
District = Richmond Sanitary District
Pretreatment COORDINATOR = Pretreatment Coordinator (Section 11 A.
B S = Enforcement Compliance Schedule (Section III B a.)
EPA = United States Environmental protection Agency (Section 1.
ERP = Enforcement Response Plan (Section 1.
ERG = Enforcement Response Guide (Section IV.)
IDE I = Indiana Department of Environmental Management (Section 1.
1L = Industrial User (Section 1.
LIT = Litigation (Section III B 7.
NOV = Notice of Violation (Section III B .)
Linko = Linko Data Systems Pretreatment Compliance Monitoring software
(Section 11 F.
POTVVs = Publicly owned Treatment Works (Section I I A.)
QNCR = Quarterly Noncompliance Report Section 11 A.)
S = Show Cause Hearing (Section III B c.
SIUs = Significant Industrial Users (Section 11 B .
SNC= Significant Noncompliance iance (Section III B .
SUo = Sewer Use ordinance. (Section 1.
SV = Site Visit (Section III B .
TRC= Technical Review Criteria (Section III B 9.
TTo = Total Tonic Organic (Section 11 F.
USER = Any source of an indirect discharge. (Section 1.
i
VTN = herbal Telephone Notice (Section III B 1.) �
0)
Under the authority granted by Federal Pretreatment Standard 40 CFR 403.8 f and Part III
(A)(4 of our NPIDES permit, the Control Authority (Richmond Sanitary District) is required to
develop and implement an Enforcement Response Plan (ERP) regarding violations of any
pretreatment and discharge codes, laws or regulations. An EP provides protocol for responding
to pretreatment violations consistently and systematically. An E P also notifies Users of how the
Control Authority will respond to pretreatment violations. The plan skull outline how the Control
Authority will:
1. Investigate instances of noncompliance;
. Describe the types of escalating enforcement actions the Control Authority will take in
response to all anticipated types of user violations;
. Identify by title) the official(s) responsible for each type of action; and
. Adequately reflect the Control Authority's primary responsibility to enforce all applicable
pretreatment requirements and standards.
The EIP is a guidance or policy document. It is part of the pretreatment program procedures.
Although it coordinates with the sewer use ordinance U , it is not part of the SUO and shall
not be made part of the SUO.
This document represents the management and enforcement procedures for the Pretreatment
Program of the Richmond Sanitary District (Control Authority). All Users discharging non -
domestic wastewater to the control Authority are subject to the provisions of the ERP. The
Control Authority consistently administers and implements all elements of the EIP. The EIP
does not preclude the Control Authority from taking any, all, or any combination of action against
a noncompliant user. It is to be understood that if an Industrial User's (IU) or User's
noncompliance persists after notification by the Control Authority, the Indiana Department of
Environmental Management IDEM) may proceed to enforce directly against the industrial user or
user and/or the Control Authority.
The IDEM may also take its own enforcement action when the District has not taken timely action
or has failed to impose adequate sanction against the industry in violation. Also, the United
States Environmental Protection Agency (EPA) retains authority to take its own enforcement
action where IDEM or the District is not willing to take timely or appropriate enforcement. With this
in mind, action taken by the District is preferable to any alternative action.
This plan includes an Enforcement response Guide (ERG) which contains a range of
enforcement responses available to the District. The ERG addresses a broad range of
pretreatment violations. It is intended to comer all types of violations but if any are omitted it is not
intended to limit the enforcement discretion or action of any of the control agencies.
If a facility appears to be acting in good faith to comply with pretreatment regulations, the District
may choose an enforcement response that is not as coercive as one it would choose against a
facility not acting in good faith. It must be noted however, that when taking into account a
facility's good faith, congress clearly expressed in the Clean Water Act, that extraordinary efforts
are required by the industrial community to comply with the pretreatment requirements.
Therefore, the intention of good faith should be considered only if a facility is making every effort
to comply with pretreatment requirements.
IINLJF�10►M 3 9 ,rft=11►1AaW�1k1l, 1
A. Industrial User Inventory
The Federal Pretreatment Standard, 40 CFR 403.8f ), requires all Publicly Owned Treatment
Works P T11vs to identify potential lUs that are subject to the requirements of the pretreatment
program and to identify the volume and character of -pollutants discharged by the I Us.
Furthermore, in ardor to implement an effective Enforcement Response Plan, all industries
subject to pretreatment regulations must be identified and controlled.
The District conducts an extensive mailing of Industrial User survey forms every fire years to
non -permitted industrial and commercial facilities, and follows up with phone calls and site visits.
Beyond this railing event, the District utilizes a variety of resources and activities to identify new
industrial sources. The following list includes a number of resources used for identifying new
facilities:
Telephone Listings (Yellow Pages)
Previous Survey Results
Industrial directories
Site visits
Contact from potential industries
Observations by sampling/inspection personnel
Newspaper articles
Chamber of Commerce
All new industries subject to pretreatment requirements as set forth below are issued a
Wastewater Discharge Permit and added to a master list of regulated facilities. This list i
provided to the Approval Authority IDBllli n a quarterly basis as part of the Quarterly
Noncompliance Report (QNCR). Any changes to the list are noted on the QNC . All permitted
facilities are considered Significant Industrial lasers under the District's Pretreatment Program
and are subject to all program requirements.
An additional requirement associated with the industrial User Inventory is maintaining an accurate
characterization of the type, volume, and quality of the wastewater discharge from the permitted
Ms. This is accomplished by completion of ongoing activities including:
scheduled annual inspections at each industry
Unscheduled inspections and/or site visits conducted at selected industries
Industry's requirement to report changed discharges
Observations from field personnel
Information submitted on Wastewater Discharge Permit Applications
Review of self -monitoring reports and/or District sampling data
Water usage reports from Indiana American Water Company
Updated information collected as part of the District's Industrial User Inventory activities is
recorded in District files. The majority of the industrial inventory is conducted by the District's
Industrial Permits coordinator (coordinator.
B. Industrial classification
Classification of each Industrial User (IU) is based on information obtained through the
Wastewater Discharge Permit Application and preliminary site visit. Each Industry is categorized
into one of the following groups:
1. Ms that are subject to federal categorical pretreatment standards.
4
2. lUs that:
a. discharge an average of twenty-five (25,000) gallons per day or more of
process wastewater, excluding sanitary, noncontact cooling and boiler
blowdovwrn wasteswater, or
b. contribute process wastewater that makes es up fire percent % or more of the
POT 's average dry weather hydraulic or organic loading capacity, or
c. have a reasonable potential to adversely affect the District's workers and
treatment plant operations, or violate a pretreatment standard or pretreatment
program requirement.
. lUs that have non -significant wastewater streams.
4. 4. NSCIU (Non -significant categorical Industrial laser) that although are considered
categorical dischargers, do not discharge more than 100 GPD of total categorical
wastewater excluding sanitary, non -contact cooling, and boiler blowdown
wastewater, unless specifically included in the categorical Pretreatment Standard).
This categorical industrial user must also:
a. Have consistently compiled with all applicable Pretreatment Standards;
b. Annually submit a certification statement 40 CFR 403.1 q ; and
c. Dever discharge any untreated concentrated wastewater.
Any [Us falling under groups 1 and 2 are subject to pretreatment requirements and are issued a
Wastewater Discharge Permit as part of the District's Pretreatment Program. lUs in group 3 are
not subject to pretreatment regulations and are not issued permits. [Us in group 4 are subject to
pretreatment requirements} and may be issued a Wastewater Discharge Permit at the discretion
of the Director.
C. Permitting
The Coordinator assesses the information supplied in the Il.'s Wastewater Discharge Permit
Application, then determines the necessary discharge parameters and monitoring frequency in
accordance with federal, state, and local regulations. These discharge lints are the foundation
of the Wastewater Discharge Permit which is issued by the District's Board of Sanitary
Commissioners.
D. compliance Monitoring
Compliance monitoring activities are conducted by the following District personnel; 1. the
Coordinator and 2. the Collection System Monitor. These activities are necessary to identify and
document violations and to verify IU self monitoring reports. Data obtained as a result of District
monitoring can be presented as admissible and presumptive evidence in administrative actions
and legal proceedings. IU compliance with applicable regulations is determined and evaluated
through:
Self -monitoring reports submitted to the coordinator as described in each I Lis permit
District Industrial monitoring results
Compliance reports and any other information or reports that convey compliance
status which the Coordinator may request
. Inspections or site visits conducted by the District
Self -monitoring data are required by all permitted IUs. The basic forms used are prescribed by
the District to ensure all necessary information is submitted. These forms may be tailored to fit
specific industries and/or processes. Each report must be signed by an authorized representative
of the industry. These data are prima fascia evidence of a violation if so identified.
Industrial sampling conducted by the District, and analysis conducted by the District or the
District's authorized contract laboratories are a cornerstone of compliance monitoring. Therefore,
strict adherence to standard procedures is required. Trained sampling and inspection personnel
collect industrial samples and completes a chain -of -custody form which accompanies each
sample. This form follows the sample through the analytical process if the analysis is conducted
in --house, or until it is signed off by an authorized representative of the District's contract
laboratory and replaced by the contract laboratory's chain -of -custody form.
The chain -of -custody ensures a legally binding link between the sample and the analytical data
obtained during analysis of the sample. Each person receiving custody of the sample is required
to sign the chain -of -custody from the beginning of the sampling event to the end of the sample
analysis.
E. Industrial Inspections
Each facility that is permitted under the District's Pretreatment Program must be inspected at
least once annually. Scheduled inspections are conducted annually to verify compliance and to
identify any potential problems or violations. Additional inspections or site visits may occur during
a given year to track compliance schedule activities, verify changes in discharges or processes,
maintain a regulator presence, or scrutinize facilities with discharges most likely to impact the
POTW. Annual inspections are normally conducted by the coordinator and collection System
Monitor. Additional inspections may be conducted by the coordinator, collection System
Monitor, or the District's Director, depending upon grounds for the inspection.
A standard inspection form is used to ensure all areas are evaluated. The form is signed and
dated by the inspector and a facility representative that is present during the inspection. Any
noncompliance situations are noted, either on the inspection farm or on a separate report, and a
follow up is conducted with the industry.
Annual Inspections are scheduled on a random basis by reviewing the current industry list early
each year and noting a day and time in a computer schedule dedicated for the Pretreatment
Program and the Coordinator. The schedule will automatically alert the coordinator at a
predetermined time prior to the inspection event so contact with the facility can be made. As an
industry i inspected, the date is noted in an inspection log to ensure each facility is inspected at
least once during each calendar year as dictated by program requirements.
Other inspections will not be scheduled in advance, but are conducted as a result of a spill,
accidental discharge, or other occurrence that may merit an inspection. At the beginning of the
fourth quarter of each calendar year, the current industry list is reviewed to determine if all
facilities have been inspected, or are scheduled for an inspection in the current year. Any
industries which have not been addressed are scheduled for an inspection at this time.
F. Data Screening and Tracking
IUs are required to submit various reports and information to the coordinator on a routine basis.
It is important that the coordinator have a reliable procedure to ensure that lUs submit the
information that is requested by the required dates. reports or information required from Ill's on
a regular basis are logged into PCME tracking software, the Coordinator's daily planner, or the
Coordinator's computerized schedule. The following list represents the type of items that may be
required from an IU.
Self Monitoring Reports
Industrial Discharge Permit Application
Compliance Schedule progress reports
Follow-up information subsequent to industrial inspections
Written reports following spills, accidental or slug discharges
Written response to Notices of Violation
Analytical data to be screened and evaluated is generated through I U self monitoring rid District
sampling. All data generated by these two activities are reviewed by the Coordinator.
As analytical data becomes available, the Coordinator inputs this information into the PCME
database to aid in violation detection and tracking. The due dates and actual receipt dates for all
required monitoring reports are also inputted into PCME. As a violation is detected, an
appropriate enforcement action is initiated. The specific responses and time frames are
pp explained in farts III and ill of this plan.
t the end of each month, a PCME report is generated to identify industries that failed to submit
their Self Monitoring Reports in a timely manner, and to double check for any missed discharge
violations. Enforcement procedures are explained in the Enforcement Response section.
The Coordinator also screens reports submitted as part of Compliance Schedule activities and
tracks the timely submittal of these reports with the aid of the Coordinator's computerized
schedule and daily planner. Action is taken if required reports are not received or if milestones
are missed.
IU Self Monitoring Reports contain a statement attesting to the accuracy and completeness of the
information submitted which must be signed by an authorized representative of the IU. Total
Tonic organic (TT certification statements are also included on any categorical Self Monitoring
Reports when TTO certification is used as an alternative to TTo monitoring.
G. Identification of Violations
The identification of a violation of pretreatment requirements, regardless of the severity, will
initiate the enforcement process. Discovery of a violation will normally occur as a result of
reviewing District sampling results or IU self monitoring results, but may occur as a result of any
number of activities. The list below represents other sources for identifying violations:
Spill/accidental discharge reports from IUs
24 hour notification of violations by the IU to the District
Site visits/inspections by District personnel
Other information provided by IU employees
Observations of District personnel
Information provided by the public
Review of Compliance Schedule requirements
. Review of agreed judgment requirements
Information provided by ether governmental agencies
H. Compliance Decisions and Enforcement
All violations identified by the Coordinator are reviewed, evaluated, and addressed according to
the guidelines of the Enforcement Management Plan. When determining an appropriate
response, particularly one which includes the imposition of penalties, the specific procedures
outlined in the Enforcement Response Guide shall be followed. However, additional criteria may
be used in determination of the response including:
Magnitude of the violation
Duration of the violation
Effect of the violation on the POTVs receiving stream
Effect of the violation on POTW processes and equipment
Compliance history of the industrial user
Good faith of the industrial user
Pollutants of particular importance to the POTv
An IU must also notify the District within 24 hours of becoming aware of any discharge violation,
and is required to repeat the sampling and analysis, and to submit the results of the repeat
analysis within 30 days of becoming aware of the violation. Failure to provide 24 hour notice or
the 30 day resarnple report will constitute sampling/reporting noncompliance.
When a miner violation occurs, a telephone call to the IU may suffice, otherwise, the majority of
enforcement actions begin with the issuance of an initial Notice of Violation (NOV). The NOV
describes the mature of the violation and informs the IU that any additional violations may result in
escalated enforcement action,
Once the IU has been notified of a violation or has knowledge of a condition which is a violation,
the IU shall be allowed up to thirty (30) calendar days to correct the noncompliance before
escalation of the enforcement process occurs unless the violations threaten health, property or
environmental quality. This thirty 30) day period applies only to an initial violation. Any violations
occurring after this period will be evaluated according to the ERG.
An IU receiving self -monitoring results, or District sampling results, which show a violation shall
have thirty 30 days to correct the condition that exists or existed which contributed to the
violation. Thereafter, each violation is evaluated for enforcement action. In addition, if a violation
occurred during the thirty 30 day correction period, the Industry must demonstrate that good
faith was exercised to prevent or mitigate further violations during that period.
The terms "isolated" or "infrequent" as used in Park Ill of this guide means no more than three
violations of the same parameter or circumstance during the past -months leading up to the
date of the violation under review.
I. District Personnel Responsibility
Inspection personnel may include the Coordinator, Collection System Monitor, or Director.
Industrial sampling may be carried out by inspection personnel and/or laboratory staff. Informal
enforcement actions, telephone calls, site visits, and Notices of violation are managed by the
Coordinator. Administrative Fines and Administrative orders are authorized by the Director upon
the recommendation of the Coordinator. The Board of Sanitary Commissioners will authorize
legal action, criminal investigation, sewer ban and/or other penalties upon the recommendation of
the Director and Coordinator.
Ill. ENFORCEMENT PROCEDURES
A. Purpose
lUs that violate federal, state, or local requirements are subject to the conditions of the District's
Enforcement Management Plan and Enforcement Response Guide (ERG) as contained herein.
The ERG will help ensure equitable treatment of Violators by providing a consistent basis for
selection of appropriate responses to violations. The ERG shall be followed unless mitigating
circumstances can be shown.
The ERG indicates the type of noncompliance, the circumstances which night Vary the type of
response, and the range of responses for that particular category of noncompliance. The ERG
has been developed with the intention of serving the following purposes:
To recommend enforcement responses that are appropriate in relation to the nature
and severity of the violation; and
To provide a guide to encourage a uniform application of enforcement
responses against many types of Violations while taking into account specific
circumstances and impacts of the violations; and �
To be used as a mechanism to review the appropriateness of the responses.
The ERG groups various types of violations into the following four categories:
Violations of sampling, monitoring and reporting.
Violations of compliance schedules.
Violations of discharge limitations.
Violations detected through inspection or field monitoring.
B. Types of Enforcement Responses
In order to provide a concise manual in a useable format, acronyms have been used for several
of the types of response. A definition of the acronyms is as follows:
VTN = herbal Telephone Notice
EN = Email Notice
V = Site Visit
NOV = Notice of Violation
co consent Order
AO = Administrative Order
Es Enforcement Compliance Schedule
. Do = Cease and Desist order
. c Show cause Dearing
AF = Administrative Fine
LIT Litigation
i SNC = Significant Noncompliance
• TRC = Technical Review Criteria
I . 1. INFORMAL NOTICE — An informal notice may be either a documented phone call,
documented e-mail (written warning), or a meeting notifying the laser on minor
incidences that have occurred and that need to be corrected. Repeat performance of
the same incidence or escalation of the incidence will result in escalated enforcement
action.
2 VTN - A Verbal Telephone Notice describes a response to a minor type of violation
which is conveyed verbally to the IU's contact person and no further follow up on the
industry's part is expected. VTN is utilized when there is a very minor infraction, such as
a report being received one or two days late.
EN -Y- An Email Notice describes a documented response to a minor violation which i
conveyed via e-mail to the 1U's contact person. it is self -documenting and will be added
to an it's records. Is equivalent to a VTN.
4 SV - A Site Visit is a visit to the industrial site to discuss and observe the problem.
This can be a substitution for VTN or NOV. The SV can also be made in conjunction with
a NOV, indicating a reason for the noncompliance and what steps are being taken to
eliminate any future violations of this nature. A Site Visit fora needs to be filled out when
this action is taken.
. NOV - A Notice of Violation is the most widely used enforcement action and is a
written notification to the 1U indicating the type of apparent violation and requesting a
response 1 'thin ten 1 o days, indicating a reason for the noncompliance and what steps
are being taken to eliminate any future violations of this nature.
5 CO -A Consent order is used when a noncompliant industry wishes to enter into a
voluntary compliance action. The CO is written by the District using information that is
mutually agreed upon by the IU and the District, and is signed by bath parties. The
Consent order will include specific actions to be taken by the user to correct the
noncompliance within a time period also specified in the order. The co will normally
contain a time frame of about six months to one 1 year if installation of a large
amount of equipment is necessary. The CO may include, at the discretion of the
Director, interim discharge limits of no more than fire times the Ifs current discharge
limits. A CO shall have the same force and effect as an Administrative order.
. AO An Administrative order is issued to an lU by the District and contains necessary
corrective measures that need to be carried out by an 1U to achieve compliance. An AO
may contain minor compliance schedules, directives for increased monitoring and/or
reporting frequencies, or other corrective actions that may be required to attain
compliance.
n AO may contain one or more of the following requirements: Enforcement Compliance
Schedules, Cease and Desist orders, and Show Cause Hearings. The AO will normally
contain a time frame of abort sic 5 months to one 1year.
a. E - An Enforcement Compliance Schedule is used when serious or long
term violations of discharge limits occur that require the design and installation of
new or additional pretreatment equipment. Usually the time frame will be sic 5
months to one 1 year. Violations of the ECS can result in the next step,
consisting of Administrative Fines.
10
b. CDO - A cease and Desist order is used when the District determines that
an I U is violating the Sewer Use Ordinance, Wastewater Discharge Permit, any
Order previously issued by the District, or any other pretreatment standard or
requirement, and that these violations are likely to continue or reoccur. The
Cease and Desist order will direct the non -compliant IU to:
i. immediately stop all violations and comply with all requirements, and
ii. take immediate action to ensure that the violations do not continue or
reoccur, including halting operations and/or terminating the discharge.
c. SC - A Show cause Hearin is a meeting to show cause why a proposed
enforcement action should not be taken. Notice shall be served on the IU
specifying the time and dace for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the IU show cause why this
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 ten 1 days prior to the hearing. Such notice may be served
on any authorized representative of the Ill. Whether or not the IU appears as
ordered, immediate enforcement action may be pursued following the hearing
date. A show cause hearing shall not be a prerequisite for taking any other
action against the user. The IU may request a show cause hearing at the
Districts convenience.
. AF - Are Administrative Fine is a monetary penalty assessed by the District where
deemed appropriate because of the nature and/or intent of the violation. The AF is an
escalating response which exists to try to preclude court activity, and yet correct the
problem and/or demonstrate the seriousness of the violation to the industry involved.
The amount that can be imposed as an AF must be no less than $50.00 and no greater
than 1 coo per violation, with each day and/or parameter being considered a separate
violation. The administrative fine may be part of an(AO), or may be instituted as the step
above or below an (AO).
NOTE: See Part Ill for an Administrative Fine Schedule
. LIT -Litigation is the most severe enforcement action and is utilized when an Ill has
not cooperated with the District or responded to the other enforcement remedies.
Litigation defines several courses of action including civil suits for injunctive relief and/or
civil penalties, criminal suits, termination of service, etc. These types of actions would all
involve the Courts and the city Attorney and would follow the procedures necessary for
due process.
. SNC- $ignificant Noncompliance See Part 11I, c for complete definition
Utilizing the Enforcement Response Guide, the Industrial Permits coordinator will initiate the
appropriate response and see that the files have been updated to show the type of action being
taken and the response date, if one is so indicated, and the type of action taken. The coordinator
will initiate any fieid surveying which he/she feels appropriate to substantiate previous data
received, or to double check the response of an IU to the action which they have indicated that
they have taken.
C. Significant Noncompliance (SIC)
Instances of Significant Noncompliance f ) are IU violations which meet one or more of the
following criteria:
1. Violations of Wastewater Discharge Limits
a. Chronic violations - Sixty-six 66% or more of all measurements for the same
pollutant taken during a six month period exceed, by any magnitude, a numeric
standard or requirement, including instantaneous limits, as defines by 40 CFR
4013(l).
b. Technical Review Criteria (TI C) violations -- Thirty-three percent (33%) or
more of all measurements for the same pollutant taken during a six month period
equal or exceed the product of the numeric standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable
TRC listed below.
Conventional Pollutants: Biochemical Oxygen Demand BD, Total Suspended
Solids (TS), Fats, Oil, Grease (FOG.
TRC LIMIT - numeric standard or requirement x 1.4
MOTE: Discharge of conventional surcharge pollutants in excess of threshold
concentrations will not constitute a violation unless the discharge satisfies a
condition in 1.c or 1 A below.
All Other Pollutants except H:
TRC LIMIT - numeric standard or requirement x 1.
c. Any other violation of a pretreatment standard or requirement as defined by
40 CFR 403.3(l), such as daily maximum, long-term average, instantaneous limit,
or narrative standard that the District determines has caused, alone or in
combination with other discharges, interference i.e. slug loads) or pass through,
including endangering the health of District personnel or the general public.
d. Any discharge of a pollutant that has caused imminent endangerment to
human health, welfare or the environment; or has resulted in the District's
exercise of its emergency authority to halt or prevent such a discharge.
. Failure to meet, within ninety 00 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement order for
starting construction, completing construction, or attaining final compliance.
. Failure to provide} within forty-five days after the due date, required reports such
as the baseline monitoring report, 0-day Compliance Report, periodic self monitoring
reports, and reports on compliance with compliance schedules.
4. Failure to accurately report noncompliance.
b. Any other violation or group of violations, which may include a violation of Best
Management Practices (BMPs), that the District determines will adversely affect the
operation or implementation of the local pretreatment program.
n a quarterly basis the Coordinator will be responsible for reviewing the compliance file of all
lUs for the previous six months to determine if significant noncompliance exists for any 1U.
The Coordinator shall be responsible for seeing that all ]Us in SNC are tabulated on an annual
12
basis, and that the names of all SNC violators are published in the local daily newspaper, as
required by EPA.
Ill. ENFORCEMENT RESPONSE GUIDE
Violations Falling Under More Than One category - Violations that fall under more than
one category in the enforcement response guide will be addressed through the more
severe enforcement response. All alleged violations will he included in the more severe
response.
Examples of Violations
Minor Sampling, Monitoring, or Reporting Deficiencies:
Deports/Correspondence submitted late
• Incomplete reports and/or chain -of -custody
• Transcription error
• Improper sampling or analytical procedure
• Late notification of violation to IT11
• Failure to report any operational changes which affect the discharge flow rate but do not
impact the permit
Major Sampling, Monitoring, or Reporting Deficiencies:
• reports/correspondence late by more than 30 days
•Sampling point not accessible to the POTV'
• Reports not certified
• Failure to report any operational changes which affect the discharge flow rate and impact
the permit
• Failure to submit all the information that leads to the determination of a category of an IU
• Failure to use appropriate analytical methods (0 CFR 136)
• Failure to sample for a parameter
• Failure to report slag load discharge, illegal discharges or spills with no damage to POT1
Unacceptable explanation for violation
• Improper sampling or analytical procedure - repeat offenses
Any other violation categorized as "Major sampling, monitoring or reporting deficiencies
by the POT II
Critical Sampling, Monitoring, or Reporting Deficiencies:
• Reports greater than thirty ( days late (SI I )
Any sampling, monitoring, or reporting procedure deficiency which places lit in SNC
• Failure to respond to a Shover cause or Administrative order
• Illegal or unauthorized discharge that results in damage to the POTW
• Any violation of sampling, monitoring, or reporting procedures which directly or
indirectly contributes to or is responsible for violation of P TW's NPDES Permit.
Any other violation categorized as critical sampling, monitoring or reporting
deficiencies by the POTVV
Mote. from Section II(H)] The terns "isolated11 or "infrequent" as used in the following guide
means no more than three violations of the same parameter or circumstance during the past
1-months leading up to the date of the violation under review.
14
A. Sampling, Monitoring, and Reporting
Noncompliance Circumstances
Failure to sample, Isolated or infrequent.
monitor, or report.
Failure to sample, Frequent Violation, or IU does
Monitor, or report. not respond to letters, follow
through on Verbal or written
agreement--1
Isolated or infrequent
o Known effects.
Failure to notify of
Frequent or continued
effluent limit Violation
violation - SN .
or slug discharge.
Known environmental
or POTW damage - SN .
Failure to notify of
effluent limit violation
or slug discharge.
Isolated or infrequent.
Failure to notify of
effluent limit violation
or slug discharge.
Isolated or infrequent.
Minor sampling,
monitoring or
reporting errors
computational or
typographical errors).
Continued, remains
uncorrected, 30 days or
Major or gross sampling,
more - SNC.
monitoring or reporting
errors (missing information,
late reports, etc.).
Major or gross sampling,
monitoring or reporting
errors.
15
Range of Response
VTN, SV, NOV requiring a
report within 10 days.
AF, AO or LIT.
TN, SV, or NOV
requiring a report within 10
days, If no response within 10
days, issue NOV or AO.
AF, AO, or LIT.
Af, AO, or LIT.
VTN, SV, or NOV. corrections
on next submittal.
NOV, SV or AO. Corrections
on next submittal.
AF, AO, or LIT.
B. Compliance Schedules
Noncompliance
lianc
Reporting false
information.
Missed interim dote.
Missed interim dote.
Missed interim date.
Missed final date.
Missed final date.
Failure to install monitoring
equipment.
Circumstances
Any instance - SNC.
Will net cause late final or
other interim date.
Will result in other missed
interim dates --with valid
cause.
Will result in other missed
interim dates with no valid
cause - SNC.
90 days or more, failure or
refusal to comply without valid
cause.
Violations due to worker
strikes, acts of God, etc.
Continued - SNC
Ilan a of Response
AF, LIT, sewer disconnect.
NV, SV.
NOV, SV or A.
OVI AO, AF or LIT.
AO or LIT.
Contact Ili and require
documentation of good or
Valid cause, SC.
AF, AO, LIT (must begin
m onitoring immediately using
outside contracts if necessary)
C. Discharge Limitations
Noncompliance
Exceeding Final Limits
(categorical, local or
prohibited).
Exceeding Final Limits.
Exceeding Final Limits.
Exceeding Interim Limits
Exceeding Interim Limits.
Reported Slug Load.
Reported Slug Load.
Reported Slug Load.
Discharge without permit or
approval.
Discharge without permit or
approval.
Discharge without permit or
approval.
Circumstances
Infrequent or isolated minor
Violation.
Infrequent or isolated major
violations, exceed TRC limits.
Violation(s) which are SNC.
No known damages.
Results in known
environmental or R T
damage - SNC.
Range of Response
VTN, NV, SV, may require
increased sampling frequency.
VTN, NV, SV, AF, A, or LIT
if environmental harm results.
AF, AO or LIT.
VTN, SV, NV, AF, AO.
AF, AO or LIT.
First or second offense, no SVI NOV or AO, and
known damage. reevaluate slug plan
Any offense with known AF? AO or LIT -revise slug plan -
interference, pass through or implement changes.
damage - SNC.
Three or more offenses with or AF, AO or LIT -revise slug plan -
without damage - SNC. implement ent changes.
One time, no known damage.
One time, results in damage.
Continuing violation with
known damage -NC
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V+ NOV, AO, AF.
AF, AO, LIT or sewer
disconnect..
LIT, sewer disconnect.
D, Noncompliance detected through inspections or field investigations
l oncomoliance
Circumstances
Range of Response
Minor violation of analytical
Infrequent or Isolated.
VTN, SV, NOV.
procedures.
Frequent violations.
Minor violation of analytical
Any instance -no evidence of
NOVA AO (immediate
procedures.
intent.
correction required)
Major violation of analytical
Evidence of negligence or
NOV, AF or Aoa
procedures.
intent - SNC.
Major violation of analytical
No evidence of negligence or
AF, AO or LIT
procedures.
intent.
��r NOV,immediate
Y 1 l F � I;LJ
Minor violation of permit
Evidence of negligence or
correction required.
condition.
intent -- SN.
AF, AO or LIT.
Minor violation of permit
condition.
Major violation of permit
condition.
Major violation of permit
condition.
No evidence of negligence or
intent - SN.
Evidence of negligence or
intent - SNC.
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AF, AO, or LIT, sewer
disconnect.
AF, AO, or LIT, sewer
disconnect.
V. TIME FRAMES ES FOR RESPONSES
The Director or Pretreatment Coordinator is responsible for reviewing analytical data and
information gathered from Self Monitoring reports, District sampling reports, written notification of
accidental discharges, and other sources. The Director or Pretreatment Coordinator makes
compliance and enforcement decisions based on this information. This section outlines the time
frames within which the Director or Pretreatment Coordinator shall identify and document these
Violations, and then initiate appropriate enforcement responses.
A. All violations will be identified and documented Within 7) days of receiving compliance
information.
B. Initial enforcement responses involving contact with II. and requesting information on
corrective or preventative actions s will occur within 0 clays of violation detection.
C. Follow up actions for continuing or recurring violations will be taken within 0 days of the
initial enforcement response. For all continuing ►violations, the response will include a compliance
schedule.
D. Violations which threaten health, property, or environmental quality are considered
emergencies and will receive immediate responses such as halting the discharge or terminating
service.
E. All violations meeting the criteria for SI C will be addressed with an enforceable order within
o days of the identification of SNC.
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i. ADMINISTRATIVE FIDE SCHEDULE
The AF schedule is established to provide a consistent basis for assessing monetary penalties
against an IU when such actions are specified in the ERG. Are AF provides a cohesive link
between the lesser enforcement responses and the most severe enforcement proceedings.
A. Ikon -Significant Violations:
The ERG describes four distinct violation criteria that requires the use of an AF for non -significant
violations. These criteria are: infrequent or isolated T C exceedences of final limits; exceeding
categorical or local interim limits with no known damages; discharging without a permit or
approval from the District; and major violations of analytical procedures when no evidence of
intent exists. All other violations that require AF are S IC violations.
Initial - No fine
Subsequent violations:
1 st repeat $ 50.00 to 00.0 (per day)
2nd repeat 100.00 to $ 0 .00 (per day
rd repeat 0.00 to $ 500.00 (per day) Shover Cause Fearing
C. Significant Noncompliance {See Part III C for definition of S l :
With no known harm to the POTW--$250.00 to 500.00 per violation +
costs.
With known harm to the POTVV--$500.00 to $2,500.00 per violation +
costs.
Dote: A recurring SNC violation shall be subject to a more severe penalty than a one time
occurrence.
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