3:00 p.m. - 3:30 p.m.

Transcription

1 Environmental Law Seminar Industrial Wastewater Service Agreements 3:00 p.m. - 3:30 p.m. Presented by Greg Sindt Bolton & Menk, Inc. Phone: gregsi@bolton-menk.com Friday, February 17, 2017

2 Industrial Wastewater Service Agreements Environmental Law Conference Iowa State Bar Association Des Moines, Iowa February 17, 2017 Gregory L. Sindt, P.E. Bolton & Menk, Inc.

3 Overview Industrial Wastewater Services Agreements: Agreement between a Publicly Owned Treatment Works (POTW) and an industrial sewer user Objectives and Importance POTW and Industrial User Obligations Compliance and Enforcement Considerations Billing Methods IDNR Treatment Agreements Agreement Construction

4 Agreement Objectives Provide framework for long term relationship Concisely define rights, obligations and limitations for each party as currently agreed Avoid unresolvable disputes

5 Discharge permit function Importance Keeps enforcement actions close to home Agreement takes precedence over ordinances Protection from future unilateral revisions to relationship by city council actions Clears up issues with current poorly drafted ordinances Ensures POTW will preserve allocated treatment capacity for industrial user and allow transfer Practical effect of treating allocated treatment capacity as an industry asset that supports its production operations

6 Importance Situations where agreements are most important Industry makes capital contributions to POTW facilities Industry loading is a very significant portion of the POTW facility design capacity Situations where industry and POTW relationships are strained

7 POTW Obligations Take and Treat Obligation POTW is adequate for conveying and treating the industrial user wastewater Provide adequate treatment capacity, operate and maintain POTW Enforce industrial user discharge limitations Respond to future NPDES discharge permit requirements Inform industrial user of potential future limitations and costs for plant upgrades

8 Industrial User Obligations Comply with discharge limitations Pay for cost of service Notify POTW of intent to revise its discharge Provide adequate discharge monitoring facility Notify POTW of accidental and slug discharges

9 Enforcement Considerations Keep enforcement actions at local level Define penalties Surcharges are cost of service not the same as penalties Define enforcement procedures if ordinances are inadequate Encourage POTW to follow the enforcement procedures including fines or penalties Avoid IDNR, EPA, and citizen action enforcement actions

10 Enforcement Considerations POTW can be cited for failure to enforce Required meetings between POTW and industrial user Confirmation of no issues with treating its wastewater (interference and pass through allegation) Advance notice to Industry of potential permit revisions and City plant discharge violations User rate review ensure financial viability of POTW

11 Enforcement Considerations Clearly define compliance and penalties Monthly average mass (lbs/d) discharge calculated using data from days with discharge concentration measurements Include representative number of samples from days of low discharge in calculation of monthly averages Alternative ph compliance using continuous ph monitoring in lieu of grab samples 40 CFR language on allowable excursions 7 hours and 26 minutes in any calendar month; and No individual excursion from the range of ph values shall exceed 60 minutes

12 Enforcement Considerations Oil & Grease Hexane extractable material (HEM) Method defined parameter include method Sample collection methods Grab sample Multiple grab composite samples Cannot split samples CBOD Carbonaceous Biochemical Oxygen Demand Preferred method to BOD DNR rule may be revised

13 Billing Methods Define billing methods Average concentration applied to total month volume for surcharge calculation User rates if industry makes direct capital or debt service payment for its allocated POTW capacity User rate lower than other users exclude debt service component of user rates for volume and surcharge parameters (CBOD, TSS, TKN, and P) Equitable user rate structure with periodic review Consider including user rate model as attachment

14 IDNR Treatment Agreements Required if no local pretreatment program and: Greater than 25,000 gal/d discharge Loading greater than 5% of POTW rated plant capacity for any parameter (Flow, CBOD, TKN) Limits and monitoring frequencies are included in POTW NPDES discharge permit IDNR does NOT have to APPROVE, but can REJECT Term is not well defined IDNR typically requires new Treatment Agreements upon NPDES permit renewal application (5 years)

15 Coordination with Ordinances Sewer user ordinances Sewer user rate ordinances Industrial wastewater user enforcement ordinances Wastewater pretreatment ordinances Agreement should take precedence over ordinances

16 Agreement Construction Legal professional with experience Engineering professional with experience for technical input and review POTW (City) staff and councilman and/or mayor Industry representative with ability to make decisions

17 Monitoring Facilities Old Control Manhole EPA model ordinance description is inadequate Invest in good monitoring facility Discharge limit compliance determination User billing determination (surcharges) Representative sample collection and accurate flow measurement are as important as good laboratory procedures.

18 Discharge Monitoring Facilities Sampling Method Flow proportional composite sample Sample collected after constant number of gallons have passed through the meter NOT time based sampling Refrigerated sample bottle enclosure

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22 Wells South Plant Monitoring

23 Wells North Plant Monitoring

24 Dean Foods Monitoring Station

25 Monitoring Room Entrance

26 Effluent Monitoring Room

27 Multiple Head Sampler

28 Multiple Sample Bottles

29 ph Probe with Proximity Switch

30 Magnetic Flow Meter

31 Questions and Discussion Gregory L. Sindt, P.E. Bolton & Menk, Inc