WASTEWATER SYSTEM USER REGULATION (Revised November 2009)

Transcription

1 Owensboro-Daviess County, Kentucky REGIONAL WATER RESOURCE AGENCY WASTEWATER SYSTEM USER REGULATION (Revised November 2009) WHEREAS, it is determined and declared to be necessary and conducive for the protection of the public health, safety, and welfare of the citizens of Owensboro and Daviess County, Kentucky; to protect the facilities of the Regional Water Resource Agency (hereinafter referred to as "Agency") and the operation thereof; and WHEREAS, this Agency seeks to provide for the use of its wastewater treatment and collection systems without damage to the physical facilities, without impairment of the normal function of collection and treatment of the wastewater discharge by users, and without the release of pollutants into the environment; and WHEREAS, it is unlawful to dispose of unpermitted waste or otherwise use the wastewater facilities except as in compliance with Federal Standards pursuant to the Clean Water Act and Kentucky State Law and Regulations; NOW, THEREFORE, BE IT ORDAINED BY THE OWENSBORO-DAVIESS COUNTY, KENTUCKY REGIONAL WATER RESOURCE AGENCY AS FOLLOWS: 1

2 ARTICLE I Section 1. Purpose. This regulation provides the Agency with uniform requirements governing the connection to, and the contribution of, wastewater to Agency facilities through the issuance of permits to both domestic and non-domestic users; authorizes monitoring and enforcement activities, and allows the Agency the latitude to administer adequate penalties to users who violate provisions herein. Section 2. Definitions. Unless the context specifically indicates otherwise, the meanings of the terms used in this regulation shall be: Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. Agency: Regional Water Resource Agency. Agency Facilities: Any structure, appurtenance, wastewater collection system line, lift station, wastewater treatment equipment, or any other part of the wastewater system owned by the Regional Water Resource Agency. Authorized Industrial User Representative: A designated representative from an Industrial User authorized to act on the Industrial User's behalf, as per 40 CFR, part 403. Baseline Monitoring Report (BMR): A report submitted by Categorical Industrial Users, as per 40 CFR, part 403. BOD or Biochemical Oxygen Demand: The measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized 2

3 over a period of five (5) days at twenty (20) degrees Celsius and as determined by the appropriate procedure in "Standard Methods." Building Drain: That part of the lowest horizontal piping of a private, commercial or industrial drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the wastewater service connection, beginning five (5) feet outside the inner face of the building wall. Categorical Pretreatment Standards: National Categorical Pretreatment Standards or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users. Categorical User: An Industrial User, subject to categorical pretreatment standards. Combined Sewer: A sewer receiving both surface runoff and wastewater. Combined Wastestream Formula (CWF): Procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream is combined with other non-regulated wastestreams, prior to treatment (40 CFR 403.7). Dilute Wastestream: Boiler blowdown, sanitary wastewater, non-contact cooling water, and certain process wastestreams that have been excluded from regulation in Categorical Pretreatment Standards because they contain none or only trace amounts of the regulated pollutant. Direct Discharge: The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Kentucky. 3

4 Discharger: Any person, business, industry or entity who discharges or causes a discharge to a public sewer. Domestic Wastewater: The water-carried wastes produced from noncommercial and non-industrial activities and which result from normal human living processes. Easement: An acquired legal right for the specific use of land owned by others. Effluent: The liquid outflow of any facility designed to treat, convey or retain wastewater. Environmental Protection Agency or EPA: The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly-authorized official of said agency. Executive Director (or their designee): The person designated by the Agency (or person so designated to act on behalf of the Director in their absence) to supervise the operations of the wastewater system, and who is charged with certain duties and responsibilities by this regulation. Flow Recorder: A devise installed on a customer's wastewater discharge line in such a manner as to accurately determine the wastewater flow entering the sanitary or combined sewer system. Flow Weighted Averaging Formula (FWA): A procedure used to calculate alternative limits for a categorical pretreatment standard, where regulated and nonregulated wastestreams combine after treatment, but prior to the monitoring point as defined in 40 CFR 403. Garbage: Animal and vegetable waste resulting from the handling, preparation, cooking and serving of food in home kitchens, stores, markets, restaurants, motels, 4

5 hotels and other places where food is stored, prepared or served. Specifically excluded are food processing wastes from canneries, slaughterhouses, packing plants and similar industries. Indirect Discharge: The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307 or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). Industrial User: A user who is the owner of record, the lessee, sublessee, licensee, permittee or other person in possession of real property used as a manufacturing or processing establishment or a commercial or industrial operation which contributes wastewater to the Agency treatment facilities. Industrial Wastewater: All water-carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin. Interference: A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Therefore is a cause of a violation of any requirement of the Agency's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of wastewater sludge use or disposal in compliance with the following statutory provisions and regulations or 5

6 permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clear Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. Interceptor: A device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal waste which permits normal wastewater or liquid waste to discharge into the wastewater system by gravity. Interceptor as defined herein is commonly referred to as "grease, oil and sand" interceptor. May: This is permissive (see "shall"). Mg/l: Milligrams of a material per liter of liquid. Natural Outlet: Any gravity flow outlet into a watercourse, pond, ditch, lake or other body of surface-water or groundwater. New Source: 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 to such source if such Standards are thereafter promulgated in accordance with that section, provided that: The building, structure, facility or installation is constructed at a site at which no other source is located; or 6

7 The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge or 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. Factors such as 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 should be considered when a determination is made concerning the substantial independence from the existing source. Parameter: A component or property of wastewater which places an identifiable demand on the wastewater system. Pass through: A discharge which exits the wastewater treatment facilities into the environment in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Agency's NPDES permit (including an increase in the magnitude or duration of a violation). Person: Any individual, partnership, committee, association, corporation, public agency, firm, company and any other organization or group or persons, public or private. ph: The reciprocal of the logarithm of the hydrogen ion concentration which is the weight of hydrogen ions in grams per liter of solution. Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical, wrecked or discharged equipment, rock, sand, 7

8 cellar dirt and industrial, municipal, and agricultural waste discharged into water. Pretreatment Coordinator: A representative of the Agency who works with the industrial users to coordinate and implement the Agency's industrial pretreatment program. Private Water System: Water from sources other than a public water system. Private Wastewater Disposal System: A septic tank, package treatment plant, or any other non-agency facility designed to process wastewater. Properly Shredded Garbage: The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. Public Sewer: Any sewer dedicated to public use and whose use is controlled by the Agency. Publicly Owned Treatment Works (POTW): Used as a reference to any Agency Treatment Facility. Public Wastewater System: See "Wastewater Facilities". Sanitary Sewer: A sewer which carries domestic and/or industrial wastewater and to which stormwaters, surface-waters and groundwaters are not intentionally admitted. Sewer: A pipe or conduit for carrying wastewater. Shall: Is mandatory (see "May"). Significant Industrial User (SIU): All Categorical Industrial Users; any noncategorical industrial discharges of 25,000 gallons per day or more of process wastewater, or contributes a process wastestream which makes up five percent (5%) or 8

9 more of the average dry weather hydraulic or organic capacity of the treatment plant, or has a reasonable potential, in the opinion of the Agency to adversely affect plant operation, receiving water, or the environment. Slug Discharge or Load: Any pollutant (including Biochemical Oxygen Demand and Suspended Solids) released in a discharge at a flow rate or concentration which will cause interference or damage the operation of Agency facilities. Standard Methods: The current edition of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association. State: Commonwealth of Kentucky. Storm Drain (sometimes termed, "storm sewer"): A pipe or conduit for carrying storm and surface water drainage, but excludes any domestic or industrial wastewaters. Stormwater: Water that enters inlets or drains connected to storm or combined sewers following wet weather events. Surcharge: A charge for services in addition to the basic wastewater user and debt service charges, for those users whose contributions contain Biochemical Oxygen Demand (BOD), Suspended Solids (TSS), or any other parameter in concentrations which exceed limits specified herein for such pollutants. Where permitted by the Agency, payment of a surcharge will authorize the discharge of the referenced pollutants, so long as the discharge does not cause pass-through or interference. Suspended Solids (TSS): The insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in "Standard Methods". 9

10 Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of EPA under provisions of the Clean Water Act 307 or any amendments thereto. Unregulated Wastestream: A wastestream that is not regulated by National Categorical Pretreatment Standards. Upset: Disruption in the wastewater system caused by interference (as defined herein). User: An owner or occupant, whether private, governmental or otherwise, of a unit, building, premises or lot in the Agency service area who is responsible for payment of metered water charges or who contributes to the wastewater system from sources other than those of public water. Wastewater: The water-carried wastes of the community derived from human or industrial sources, including both domestic and industrial wastewater. Rainwater, groundwater or drainage of uncontaminated water is only a constituent of wastewater in a combined sewer system. Wastewater Discharge Permit: A permit issued by the Agency to industrial users which authorizes discharges to Agency facilities, as set forth in this regulation. Wastewater Facilities (System): Any and all Agency facilities used for collecting, conveying, pumping, treating and disposing of wastewater. Wastewater Service Line: The sewer which extends from a property, building, or facility to the wastewater system sewer tap. The construction and maintenance of the wastewater service line shall be the responsibility of the property owner. 10

11 Wastewater System Sewer Tap: The sewer which extends from the sewer main to a right-of-way or property line. Wastewater Treatment Plant: Any arrangement of devices and structures used for treating wastewater. Watercourse: A channel in which a flow of water occurs, either continuously or intermittently. ARTICLE II Section 1. Connection to Agency wastewater facilities required. It shall be unlawful for any person to place, deposit, or permit to be deposited, any pollutant or other objectionable waste in an improper or unsanitary manner on public or private property within the jurisdiction of the Agency, except as in compliance with the provisions of this regulation and applicable state and federal laws. It shall be unlawful to discharge to any natural outlet in any area under the jurisdiction of the Agency, any wastewater or other polluted waters except where suitable treatment has been provided in accordance with the provisions of this regulation. (c) Except as hereinafter provided, it shall be unlawful to construct or maintain facilities intended or used for the disposal of wastewater within the Agency's service area, without review and approval of the Agency or its representative. (d) The owner of all houses, building or properties used for human occupancy, employment, recreation or other purposes, situated within the Agency 11

12 service area and abutting on any right-of-way or easement in which there is now located or may in the future be located a public wastewater system of the Agency, is hereby required at owner's expense to install suitable toilet facilities therein, and to connect such facilities directly to proper public sewers in accordance with the provisions of this regulation, within ninety (90) days after date of official notice to do so. ARTICLE III Section 1. Wastewater System Connection, Permitting, and Fees. No person shall uncover, make any connections with or opening into, use, alter or disturb any public sanitary or combined sewer or appurtenance thereof without first obtaining permission from the Agency. It shall be necessary for a licensed and bonded plumber representing the property owner to notify an Agency representative, and provide at least ten (10) days notice prior to intention to connect to the public wastewater system. Such notice shall be in the form of an application for a wastewater discharge permit. It shall be the duty of said representative to notify the permittee, at the time of issuance of the permit, the location at which the wastewater service connection is to be made. (c) All materials used for construction of connections to the wastewater system shall be in accordance with current Agency-approved ASTM standards. (d) All wastewater system connections will be installed so as to meet or exceed the most current revision of the State Plumbing Code. 12

13 (e) A separate and independent wastewater service connection shall be provided for every building. Where existing building locations and other physical features make this an unusual hardship and may prevent resolution of an undesirable wastewater problem, the Agency or its designee may approve exceptions; such exceptions to be in writing as part of the permit and recorded for future reference. (f) Old wastewater service connections may be used for new buildings only when they are found on examination by an Agency representative to meet all requirements of this regulation and be in sound and unobstructed condition. (g) There shall be three (3) types of wastewater discharge permits that may be issued by the Agency: (1) Residential or commercial service (Article III, Section 1); (2) Vehicle-transported waste hauler (Article IV, Section 2); and (3) Industrial discharge permits (Article V) The owner or their agent shall make application to the Agency for the appropriate wastewater discharge permit. The permit application shall be supplemented by any plans, specifications or other information considered pertinent by the Agency. Permit fees and connection charges as established by the Agency shall be paid prior to permit approval and wastewater system connection. 13

14 (h) It shall be necessary for permit applicants to obtain and file a bond with corporate surety to be approved by, and in the amount to be fixed, by the Agency or its representative, prior to acquiring permits, in order to insure that the permittee shall satisfy the requirements as set forth in Article III, Section 2(c) of this regulation. The bond shall be for a period of three years, and shall be renewed on an annual basis. (i) The Agency shall establish a wastewater system connection fee. The connection fee shall offset the costs of administering Agency functions, which includes but is not limited to, maintaining customer records for billing puposes, recording and mapping locations for wastewater system connection, providing wastewater system information and connection location to contractors, developers, and property owners, and the inspection of connections to the wastewater system, etc. This fee shall be assessed for all new wastewater system connections, whether or not a wastewater system sewer tap exists. (j) The Agency shall establish a fee for properties requiring the installation of a wastewater system sewer tap. The fee shall be adequate to cover the installation costs of the tap from the sewer main to the right-of-way or property line, and shall be in addition to the wastewater system connection fee outlined previously in item (i) of this section. Said installation shall be performed by the Agency or its designated representative. 14

15 (k) The Agency may establish fees and/or surcharges for areas that require new or expanded wastewater services. These fees and/or surcharges will offset costs to provide service to those areas. Section 2. Installation, inspection, and repair costs. The applicant must contact the Agency prior to the physical connection of the property's wastewater service line to the wastewater system sewer tap. This connection shall be made under the supervision or authorization of the Agency. All connections shall be tested according to Agency-approved guidelines. All costs and expenses associated with the installation and connection to Agency facilities shall be the responsibility of the owner or applicant. The owner shall indemnify the Agency for any loss or damage that may be directly or indirectly be resulting from the installation of, or connection to, Agency facilities. (c) Permit applicants shall replace, backfill, or reconstruct, in accordance to Agency standards and specifications, any disturbed properties which may include, but are not limited to, openings or cuts in any sidewalk, grass plot, or other public way which becomes necessary in order to connect to Agency facilities. All costs associated with said replacement shall be the responsibility of the applicant. (d) The owner or applicant shall insure that all excavations for repair or connection to Agency facilities shall be adequately guarded with barricades 15

16 and/or any other safety devices necessary to protect the public. (e) In the event it should become necessary to make a cut in a public street in order to repair a wastewater system sewer tap, the Agency or its representative at the specific request of the plumber shall, after a reasonable notice, perform the necessary work and charge the plumber based upon a time and material cost. Street surface repair costs will also be the responsibility of the plumber requesting the wastewater service connection repair. Section 3. Inflow sources prohibited. Connection of roof, foundation, inlet, or any other drains (whether connected directly or indirectly) or any other intentional source of stormwater, surface water runoff, or groundwater inflow to Agency sanitary sewers is prohibited. Wastewater service lines serving structures which have been demolished or otherwise destroyed shall be disconnected at or near the right-of-way or easement line and sealed as approved by a representative of the Agency to prevent water, dirt, etc., from entering the public wastewater system. Section 4. Easement Restrictions. The Agency shall prohibit the placement of any permanent structures on Agency easements. Any non-permanent structures (i.e., fences, storage buildings, etc.) or vegetation (i.e., trees, shrubs, flower beds, etc.) placed on Agency easements are placed 16

17 on said easement at the risk of the property owner. Any damage to such structures or vegetation due to sewer failure, sewer repair work, or other sewer-related problems are not the responsibility of the Agency. Replacement costs are also the responsibility of the property owner. ARTICLE IV Section 1. Private Wastewater Disposal. Where public wastewater service is not available, the Agency may allow connection to a private wastewater disposal system complying with the requirements of the Agency or the Daviess County Health Department and with the provisions of this regulation. At such time as public wastewater service becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public wastewater system within ninety (90) days after notification by the Agency and in compliance with this regulation. The private wastewater disposal facility shall be abandoned and filled with suitable material, or removed, in accordance with requirements of the Daviess County Health Department, the Regional Water Resource Agency, or any future agency of jurisdiction. (c) The owner shall operate and maintain the private wastewater disposal facility in a sanitary manner at all times, at no expense to the Agency. No statement contained in this regulation shall be construed to interfere with any additional requirements that may be imposed by the Daviess County Health Department, 17

18 the Kentucky Department for Natural Resources and Environmental Protection, or any other state or federal agency having authority over such matters. Section 2. Vehicle-transported waste. No person shall discharge any waste from any transport vehicle to the wastewater system or treatment works prior to receiving written authority from the Agency. Wastehauler businesses shall obtain a permit from the Agency for the transportation and disposal of septic tank, cesspool, pretreatment, or industrial waste. Such permit shall designate Agency procedures, locations, times, etc., for discharge of said waste. Waste hauler permit fees and/or service charges for the discharge of vehicle-transported waste shall be established by the Agency. (c) Any liquid waste hauler illegally discharging to Agency facilities or discharging wastewater not authorized by the permit shall be subject to immediate revocation of discharge privileges, and further subject to the penalties and enforcement actions as set forth in Article VIII of this regulation. ARTICLE V Section 1. Industrial Discharge Permits. Industrial wastewater discharge permits shall be obtained by industrial users with the following characteristics: 18

19 All industrial users, which may be characterized as either a significant industrial user, a categorical industrial user, or whose wastewater discharge into the public wastewater system may be designated significant by the Agency. Any industrial user whose discharge or proposed discharge to the public wastewater system which contain the substances or possess the characteristics enumerated in Article VI, and which may have a deleterious effect on the wastewater system treatment processes or equipment, receiving waters, or which may otherwise create a hazard to life or constitute a public nuisance. Section 2. Industrial Permit Requirements. Based upon the information received through the permit process and other investigations as may be required, the Agency may: (1) Refuse to receive the waste; (2) Require pretreatment to an acceptable condition, prior to discharge to the public wastewater system; (3) Require control over the quantities and rates of discharge; and/or (4) Require surcharge payments to cover added cost of handling and treating the waste not covered by existing normal user charges. (5) Request additional information, in order to effectively evaluate the proposed industrial discharge. All non-domestic users whose flow enters the public wastewater system are subject to the National Pretreatment Regulations 40 CFR, part 403. If 19

20 pretreatment or equalization of waste flows are required and permitted, the design and installation of the facilities shall be subject to the review of the Agency, and shall meet all state and/or federal regulations. (c) Where pretreatment or flow control is required, the construction, maintenance and effective operation of such facilities shall be the responsibility of the owner or discharger at no expense to the Agency. Pretreatment charges and fees shall apply, as stipulated in Article VII, Section 2. Section 3. Permit Term. Industrial wastewater discharge permits shall be issued for a specified time, not to exceed three (3) years, and shall be renewed not less than sixty (60) days prior to expiration. Terms and conditions of a permit may be subject to change during the life of a permit as limitations or requirements are established or modified, or as new or additional information is obtained on a discharge. A permit holder shall be notified of any proposed change to a permit at least thirty (30) days prior to the effective date of such change. The permit holder shall have sixty (60) days from the date of notification to bring their facility into compliance unless written permission of the Agency is obtained. A certification statement shall be included in the permit application, and must be signed by the proper authorized industry representative, as determined by the Agency. 20

21 (c) Industrial wastewater discharge permits shall be issued to a specific user for a specific operation, and shall not be reassigned or transferred to a different user or operation. Section 4. Permit Conditions. All industrial wastewater permittees shall adhere to the following criteria: All industrial users shall perform periodic monitoring and testing of wastewater characteristics. All data is required to be submitted to the Agency. All testing must conform with 40 CFR, part 136; and 40 CFR, part 261. (c) Immediately notify the Agency's wastewater treatment personnel of permit violations. (d) (e) Resample within thirty (30) days when monitoring reveals a permit violation. Notify proper Agency personnel of any changes in discharge, and any change of monitoring location that may result. Notification must occur prior to modifications. (f) Industrial user must immediately notify the Agency's wastewater treatment facilities of "slug load" discharges. (g) Industrial user should designate an authorized representative aware of permit conditions to serve as a contact person with the Agency. Section 5. Special Conditions. Permits may include special conditions and limitations on discharges which are necessary to meet the provisions of the Agency and applicable state 21

22 and federal regulations. All special conditions shall be listed on the permit and may be reviewed by the Agency, at the request of the applicant, to determine whether said special condition(s) is applicable or necessary for that permit. Determination made by the Agency following review shall be final. A slug load control plan may be required when deemed necessary by the Agency. The following criteria will be addressed in the control plan: (1) Description of discharge practices; (2) Description of stored chemicals; (3) Spill prevention and containment procedures; (4) Procedures for notifying the Agency. Section 6. Categorical industrial users. All categorical industrial users as defined by federal EPA standards must comply with the following requirements: (1) Adhere to the categorical standards established for their particular classification. (2) Apply concentration limits for those industries subject to productionbased standards, as per 40 CFR, part 403. Limits based on this criteria become mandatory for that industrial user. These industries are also required to submit annual production records. (3) The combined wastestream formula, or flow-weighted averaging formula, will be applied to calculate effluent limits for those industries with Dilution Streams. 22

23 New source categorical industrial users (40 CFR, Part 403) must comply with the following: (1) A Baseline Monitoring Report (BMR) must be submitted ninety (90) days prior to discharge, and include the following information: Data on production flow, amount and characteristics of regulated pollutants; (c) Information on pretreatment equipment; Any additional information requested by the Agency. (2) Shall comply with all applicable pretreatment standards upon commencement of discharge. (3) Shall conduct proper sampling and testing, as outlined in 40 CFR, part 403; 40 CFR, part 136; and 40 CFR, part 261. (c) Within nine (9) months of the promulgation of an applicable National Categorical Pretreatment Standard, the industrial wastewater discharge permit of users subject to such standard shall be revised to require compliance within the prescribed timeframe. Where a user, subject to National Categorical Pretreatment Standards, has not previously submitted an application for an Industrial Wastewater Discharge Permit as required, the user shall apply for said permit within ninety (90) days after the promulgation of the applicable National Categorical Pretreatment Standards. In addition, the user with an existing Industrial Wastewater 23

24 Discharge Permit shall submit to the Agency, within ninety (90) days after the promulgation of the applicable National Categorical Pretreatment Standard, the information required by this regulation. Section 7. Liquid and particulate interceptors. Grease, oil, and sand interceptors shall be provided at the owner's or discharger's expense when they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand, dirt, cement or other unauthorized ingredients, as defined in Article VI, Section 1. All interceptors shall be maintained in good and proper working order at all times by the owner or discharger. Any discharges not captured by an interceptor that may create a reduction in flow through the wastewater system must be controlled by the user. Failure to control these discharges creates additional costs and workload for the Agency. The user may be required to pay for these additional costs. A monetary fine may also be assessed by the Agency Board if deemed necessary to achieve compliance. Section 8. Periodic Monitoring and Reporting. Permits shall require specified periodic monitoring and reporting of wastewater characteristics in order to assess compliance with all applicable standards. Monitoring shall be performed and reported by the industry per the discharge permit requirements. All laboratory testing and analyses shall be performed according to approved EPA 24

25 standards by a laboratory acceptable to the Agency. Cost of self monitoring shall be paid for by the industry. Section 9. Industrial User Permit Compliance. If an industrial user's permit application indicates that the discharge is not in compliance with applicable pretreatment standards, the user shall develop, and submit for approval, a schedule whereby compliance can be attained within an acceptable timeframe. A permit will be issued by the Agency upon determination that the industrial user has met the necessary conditions for approval. Section 10. Industrial User Confidentiality. Any information contained in the industrial user's application which is claimed as confidential shall be submitted as set out in 40 CFR Effluent data shall not be deemed confidential and shall be available to the public without restriction. Section 11. Minimum Standards. The Agency shall be empowered to enforce sections 307 and (c) and 492(8) of the Federal Water Pollution Control Act, as amended [33 U.S.C and (c) and 1342(8)] and any regulations promulgated or to be promulgated pursuant thereto. The Agency is also empowered to enforce all pretreatment regulations as outlined in 40 CFR, part 403. No permit issued shall be less stringent than applicable state or federal pretreatment standards. 25

26 ARTICLE VI Section 1. Prohibited Waters and Wastes. No person shall discharge substances, materials, waters, or wastes into Agency facilities in concentrations or quantities which will harm either the sewers, pump stations, pumps, wastewater treatment processes or equipment, the water quality of the receiving stream; and will not otherwise endanger life, limb, public property or constitute a nuisance. The following described waters, wastes, or substances shall have discharge restrictions as stipulated in item of this section: (1) Any gasoline, benzene, naphtha, fuel oil, lubricating oils, cutting oils or other flammable or explosive liquid, solid or gas, or any other substance that exhibits a closed-cup flashpoint of less than 140 o F. (2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters or the wastewater treatment plant sludge. (3) Any waters or wastes having a ph lower than 6.0 or higher than 10.5 or having any corrosive property capable of causing damage or hazard to structures, equipment or personnel of the Agency. 26

27 (4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in the wastewater system, or other interference with the proper operation of the system. Such substances include but are not limited to acids, cinders, sand, mud, straw, shavings, grass clippings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, manure, hair, animal wastes, parts of bodies of animals, lime slurry, lime residue, paint residues, fiberglass or bulk solids. (5) Any liquid or vapor having heat in amounts such that the temperature at the point of discharge exceeds one hundred four (104 o ) degrees Fahrenheit (40 degrees Celsius). (6) Any water or waste containing oil or grease of mineral origin or hydrocarbons and any floatable oil, fat or grease of animal or vegetable origin in excess of one hundred (100) mg/l, or any oil or grease discharge which causes interference at Agency facilities. (7) Any garbage that has not been properly shredded. (8) Any water or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. (9) Any water or waste containing specific quantities or concentration of pollutants or pollutant properties in excess of categorical standards as are or may be established by the Agency or the Federal Environmental Protection Agency as National Pretreatment Standards under title 40 of the Code of Federal Regulations, part 27

28 403, promulgated in response to sections 307 and (c) of the Federal Water Pollution Control Act as amended by the Clean Water Act of (10) Any waters or wastes containing phenols or other taste- or odorproducing substances, in such concentrations exceeding limits which may be established by the Agency as necessary, after treatment of the composite wastewater, to meet the requirements of the state, federal or other public agencies of jurisdiction of such discharge to the receiving waters. (11) Any radioactive wastes or isotopes of such half-life or concentration as my exceed limits established by the Agency in compliance with applicable state or federal regulations. (12) Materials which exert or cause excessive discoloration (such as, but not limited to, dairy wastes, dye wastes and vegetable tanning solutions). (13) An unusually high volume of flow or concentration of wastes constituting slug loads as defined herein. (14) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. 28

29 (15) The Agency has adopted the following limitations on discharges entering the public wastewater system: Parameters Maximum Conc. Mg/L Aluminum 1.0 Ammonia Nitrogen Antimony 1.0 Arsenic 0.1 Barium 1.0 Boron 1.0 Cadmium Chromium (Hexavalent) 1.0 Chromium (Trivalent) 2.0 Copper 1.0 Cyanide 0.1 Fluoride 10.0 Iron (Dissolved) 5.0 Lead 0.1 Manganese 1.0 Mercury 0.1 Nickel 0.67 Phenols 1.0 Selenium 0.05 Silver

30 Zinc 0.74 B.O.D TSS Oil & Grease ph (maximum - ph units) 10.5 ph (minimum - ph units) 6.0 Temperature (Degrees C) 40.0 The Agency shall establish and/or modify as necessary, existing or additional limitations on specific pollutants, as may be required to provide the continuity of the wastewater operations, and/or comply with newly adopted pretreatment regulations. (16) No person shall discharge or cause to be discharged, directly or indirectly, any unauthorized trucked waste, any stormwater, surface water, groundwater, roof runoff, or subsurface drainage to a public sanitary sewer. Stormwater and all other unpolluted drainage shall be discharged to sewers specifically designed as storm or combination sewers, or to a natural outlet. (17) Industrial users shall not alter flow rates, process discharges, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance. (18) Industrial users shall not bypass any pre-treatment processes. 30

31 (c) State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements or limitations, or those in this regulation. (d) The Agency reserves the right to establish more stringent limitations or requirements on discharges to Agency facilities, if deemed necessary to comply with the objectives presented in this regulation. (e) Upon the promulgation of Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this regulation for substances in that subcategory, shall immediately supercede the limitations imposed in this regulation. Section 2. Hazardous Waste Discharge Notification Process. The industrial user is to immediately notify the Agency of any toxic, any substance covered in the Resource Conversation and Recovery Act (RCRA), or any other possible hazardous substance entering the public wastewater system. All necessary information concerning the discharge that will ensure the safety and protection of the treatment system, personnel, public, and environment, should be provided with this initial report. The industrial user may be required to provide a complete written account of the hazardous substance, to include the following information: 31

32 (1) Name of the hazardous substance; (2) Location and type of discharge; (3) Duration and volume/mass of discharges; (4) EPA identification number or a determination that the substance is exempt; (5) Action taken to prevent future occurrence. (c) The user shall be required to develop an Emergency Notification Procedure for any discharge of restricted waters, wastes, or substances as stipulated in Article VI, Section 1, item. The Emergency Notification Procedure shall be posted on the user's bulletin board or other prominent place of display, or be made readily available to applicable employees for the purpose of notifying the Agency in the event such discharge occurs. ARTICLE VII Section 1. Inspection and Sampling. The Agency shall inspect the facilities of any user to ascertain whether said user is in compliance with the conditions of this regulation. Agency representatives shall have access to the entire facility and premises for said purpose. The Agency, state EPA, or other applicable regulatory agencies shall have the right to place such devices as necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Industrial 32

33 users with security measures in force shall grant immediate access to such personnel for the purposes of performing duties as stated herein. (c) In order to obtain information on the quantity and quality of industrial wastewater flows, sewers carrying certain industrial waste may require special access or manhole structures for the purpose of monitoring and sampling waste. Prior to the issuance of a industrial discharge permit, a determination shall be made by the Agency as to the need of special access or manhole structure. The type and installation of such structures shall be standardized and the location approved by the Agency. The cost of and the construction and installation of special manhole monitoring structures shall be the responsibility of the owner or discharger. Section 2. Pretreatment charges and fees. The Agency may adopt pretreatment charges and fees to include: (1) Fees for the reimbursement of costs associated with the operation of the Agency's pretreatment program; (2) Fees for monitoring, inspections, and surveillance procedures; (3) Fees for review and/or investigation of accidental discharges; (4) Fees for the inspection of pretreatment and/or monitoring devices; 33

34 (5) Fees for discharge permit applications; (6) Fees for the filing of appeals; (7) Fees for excessive strength conventional pollutants; (8) Any other fees deemed necessary by the Agency to meet the requirements contained herein. Section 3. Standards for Testing and Analyses. All measurements, tests and analyses of the characteristics of water and wastes, to which reference is made in this regulation, shall be determined in accordance with 40 CFR, part 136 and 40 CFR, part 261. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis as required to obtain the date and information necessary to know the constituents, characteristics, etc., of industrial wastewater discharges so as to effectuate the purpose of this regulation and state and/or federal regulations covering industrial discharges and pretreatment requirements. ARTICLE VIII Section 1. Administration and Enforcement of Regulation. The Regional Water Resource Agency or its designee (as outlined in the Enforcement Response Guide) shall be responsible for the proper administration and enforcement of this regulation. 34

35 Section 2. Authority of Agency Personnel. When the Agency personnel have reason to believe that a violation of this regulation is or may be occurring, then Agency-authorized personnel, bearing proper credentials and identification, shall be authorized to enter all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this regulation. All records that contain information involving a discharge, i.e., flow measurements, testing, correspondence, etc., must be available to an authorized representative for inspection and reproduction. (c) While performing necessary duties on private properties, employees of the Agency shall observe all safety rules applicable to the premises established by the owner. Section 3. Control Mechanisms. The Agency has the authority to administer the following control mechanisms to insure compliance with pretreatment standards: Notice of violation (NOV) - document notifying the industrial user that it has violated pretreatment standard or permit requirements. Administrative Conference (AC) - meeting with representatives of the Agency and the industrial user to discuss solutions to industrial user's noncompliance. (c) Administrative Order (AO) - enforcement document which directs industrial users to undertake or to cease specified activities. 35

36 (d) Directive - requires industrial user's representatives to appear before the Agency Board, and to show cause as to why more severe enforcement actions should not be administered. (e) Performance Bond or Liability Insurance - may be required by the Agency to insure that user complies with the provisions of this regulation. (f) (g) Termination of service. Monetary Penalties - could include cleanup costs for spills, damage to any Agency facilities; injury to the public, Agency, and emergency personnel, or the environment; and possible fines determined by the magnitude of the violation. (h) Criminal prosecution - the Agency may pursue criminal prosecution, if a violation is both severe and intentional. Section 4. Enforcement Response Guide. The Agency, in an effort to determine the magnitude of violations, has adopted an Enforcement Response Guide. This guide describes violations and indicates a range of appropriate enforcement actions, based on the nature and severity of the violation and other relevant factors. The guide also promotes consistent and timely use of enforcement remedies. Section 5. Significant Non-Compliance. The following criteria have been defined as Significant Noncompliance, as per 40 CFR, part 403: 36

37 Violations of wastewater discharge limits: (1) Chronic violation - Sixty-six percent (66%) or more measurements that are outside the regulation limits established by the Agency during a specified time period. (2) Technical Review Criteria (TRC) Violation - Thirty-three percent (33%) or more measurements that are outside the Regulation Limits established by the Agency during a specified time period. (3) Any other violation of effluent limits that the Agency believes has caused, either alone or in combination with other discharges, interference or pass-through or endangered the health of Agency employees, emergency personnel, or the public. (4) Any discharge of a pollutant that has caused imminent danger to the environment, and has resulted in the Agency exercise of its emergency authority to halt or prevent such a discharge. (5) Any discharge violations that extend over a significantly prolonged period of time. (6) Any discharge that results in damage to the receiving waters. (c) Violations of compliance schedules or Administrative Orders. Failure to provide all report information for compliance schedules, selfmonitoring data, or categorical standards; or failure to report information within the required timeframe. (d) Failure to accurately report noncompliance. 37

38 (d) Any other violation or group of violations that the Agency considers to be significant. Section 6. Notification of Violation. Any person who has violated or is violating the provisions of this regulation or the permits issued pursuant thereto shall be notified in writing of the violation and provided reasonable time, not to exceed sixty (60) days, to correct such violation(s). However, for any discharge violation which, in the judgment of Agency personnel, presents an immediate hazard to the public or the environment or to the operation of the wastewater system, an authorized Agency representative shall, on behalf of the Agency, take appropriate action to cause such discharge to cease. Section 7. Failure to Comply With Violation Notice. Any violator who fails to comply with an administrative order to correct a violation within the time specified shall be notified by the Agency's attorney to show cause before the Agency Board why the violation is not corrected and why wastewater service should not be terminated. Such notice shall specify the time and place of the hearing and shall be served to the offender in person, or by registered or certified mail, at least ten (10) days prior to a hearing before the Agency Board. After a hearing and review of the findings, the Agency Board shall take action as they deem necessary to effectuate the provisions of this regulation, including injunctive relief in the appropriate court, termination of wastewater service and other appropriate enforcement measures. 38