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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 17 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. 18 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. 9 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. 20