Industrial Pretreatment Program

Transcription

1 Industrial Pretreatment Program United States Environmental Protection Agency Administrative Order Order: CWA City of Middletown New York Final IPP Documents Submitted to City of Middletown May 2015 Revised February 2016 based on comments by EPA dated March 2014

2 Table of Contents Section 1- Pretreatment Program and Procedures Appendix A Final Attorney s Statement Appendix B City of Middletown, NY Sewer Use Ordinance Section 2- Standard Operating Procedures Appendix A Industrial User Survey Appendix B Permit Application Form Appendix C Discharge Screening Levels Appendix D Wastewater Discharge Permit Appendix E Baseline Monitoring Report Template Appendix F Report on Compliance with Categorical Pretreatment Standard Deadline Template Appendix G Periodic Compliance Report Template Appendix H Compliance Schedule Progress Report Template Appendix I Annual Inspection Report Section 3- Final Headworks Analysis Report Section 4- Enforcement Response Plan Section 5- Funding Plan

3 Section 1Pretreatment Program and Procedures

4 Pretreatment Program Structure and Procedures United States Environmental Protection Agency Administrative Order Order: CWA and Amended Order: CWA City of Middletown New York May 2015

5 Table of Contents Section 1 Introduction Background Objective and Scope Section 2 Program and Procedures Program Organizational Plan Staff Responsibilities and Qualifications Coordination with Other Departments Major Equipment used in Program Procedures Identify Industrial Users Identify Pollutants by Industrial Users Notification of Industrial Users Permit Issuance General Sampling Frequency Final Approval Self-Monitoring Reports Random Sampling by City Slug Discharges Investigate Instances of Noncompliance Public Notification Appendix A Final Attorney s Statement 3-1 Appendix B City of Middletown, NY Sewer Ordiance i

6 Section 1 Introduction 1.1 Background The City of Middletown, NY (City) owns and operates an 8.5 mgd wastewater treatment plant located at 159 Dolson Avenue, Middletown, NY. The treatment plant discharges to the Wallkill River. The City s Sewage Treatment Plant (STP) was originally constructed in The current treatment process includes preliminary treatment (screening and grit removal), primary treatment (primary clarifiers), secondary treatment (fine bubble aeration and secondary clarification) and tertiary treatment (seasonal ultraviolet (UV) disinfection). On, September 26, 2013 the City was issued an Administrative Order by the United States Environmental Protection Agency (USEPA) related to the implementation of an pretreatment program that complies with the General Pretreatment Regulations at 40 CFR Part 403. This report has been prepared in partial fulfillment of the requirements of that Administrative Order. 1.2 Objective and Scope As required under 40 CFR 403.8(f)(2) the City shall develop and implement procedures to ensure compliance with the requirements of a Pretreatment Program

7 Section 2 Program and Procedures 2.1 Program The limited number Industrial Users (IUs) in the City of Middletown reduces the overall scale of the Industrial Pretreatment Program (IPP). Given the reduced program size, the POTW will utilize existing resources and allocate staff to fill multiple roles to establish this IPP Organizational Plan The following activities are addressed in the organizational chart: Sampling and inspection Laboratory analysis Technical assistance Legal assistance Program administration Please see Figure 1 for proposed organizational plan for the City of Middletown s IPP

8 Section 2 Program and Procedures Figure 1 - City of Middletown s Industrial Pretreatment Program s Organizational Plan

9 Section 2 Program and Procedures Staff Responsibilities and Qualifications Due to reduced scale of IPP, the organization can be managed using limited individual staff members that fill multiple roles. The overall time commitment of the City s staff to the IPP is indicated in Figure 1. This level of commitment is based on the current program size and the City will ensure adequate staff resources are made available based on the program needs. The following are the duties and qualifications for each role required in the organization of the IPP: Commissioner of Public Works (Commissioner) See definition in Sewer Use Ordinance Responsible for the overall administration of the IPP. Qualifications include experience in municipal government, communication with IUs, municipal finances and accounting, personnel, and public participation. Corporation Counsel Responsible for legal activities and matters providing legal assistance to the City related to interpretation of regulations and other legal documents that affect pretreatment program operations and prepare contracts or other agreements. This person also will initiate formal Legal actions against violators, including injunctive relief when necessary. Qualified individuals should be authorized to practice as an attorney and counselor-at-law in the State of New York. Administrative Assistant Responsible for administrative activities and providing assistance to the Commissioner of Public Works and the Assistant Commissioner of DPW and Sewer. Qualifications include experience in municipal government and data management. Deputy Commissioner of DPW(Deputy Commissioner)- Responsible for engineering activities and coordination of monitoring. Duties include evaluating data submitted by IUs to the City, and reviewing monitoring and sample analysis conducted by the POTW. This individual will be responsible for staffing and supervising field monitoring activities. Qualifications for this role include experience in field monitoring and sampling, wastewater treatment, and sewer collection systems. Foreman Water and Sewer Department Responsible for assisting the Deputy Commissioner in executing the engineering activities and monitoring associated with the Pretreatment Program. Duties include collecting data submitted by IUs, field monitoring activities, coordinating with the Chief Operator regarding laboratory activities. Qualifications for this role include experience in field monitoring and sampling, wastewater treatment, and sewer collection systems. Chief Operator Responsible for laboratory activities and analysis. Qualifications include familiarity with sampling techniques and coordination with sampling laboratories. Sampling will be contracted through a commercial laboratory for analytical services. Laboratories must be certified by the State of New York and conduct tests in accordance with EPA approved methods Coordination with Other Departments The administration of this program will be led by the Commissioner. Coordination of information and requirements will be led by the Commissioner who oversees the City s Building Department and POTW

10 Section 2 Program and Procedures The Commissioner is also available to offer comment to the Common Council and Planning Board on matters related to pretreatment requirements Major Equipment used in Program The program will utilize existing City-owned vehicles for transportation during monitoring activities. In addition, the City may utilize Isco samplers for required data collections from IUs and additional sampling required for the IPP. 2.2 Procedures As required under 40 CFR 403.8(f)(2) the City shall develop and implement procedures to ensure compliance with the requirements of a Pretreatment Program. Where applicable, the related reference to the City of Middletown s Sewer Use Ordinance (SUO) is noted. For information of funding levels and program costs please see separate document entitled Funding Plan. The City has also developed Standard Operating Procedures which provide more detail regarding the items listed below and additional aspects of the program Identify Industrial Users CFR Reference: 40 CFR 403.8(f)(2)(i) SUO Reference: [out-of-city only] The City of Middletown (City) has created an inventory of Industrial Users (IUs) that discharge to the City of Middletown s Wastewater Treatment Plant. This list will be updated by the Deputy Commissioner when new IUs are identified, or when existing IUs cease operation. The current inventory of IUs can be made available upon request. The identification of industrial users is described further in Section 2 of the City s Pretreatment Program Standard Operating Procedures (SOPs) Identify Pollutants by Industrial Users CFR Reference: 40 CFR 403.8(f)(2)(ii) SUO Reference: The City has distributed a Commercial/Industrial Wastewater Discharge Questionnaire to all IUs. The questionnaire asked for the quantities and concentrations of pollutants discharged by the IU. This questionnaire will be distributed by Deputy Commissioner when new IUs are identified Notification of Industrial Users CFR Reference: 40 CFR 403.8(f)(2)(iii) SUO Reference: Pursuant to the requirements of the Code of Federal Regulations, IUs will be notified by the City s Commissioner of any applicable Pretreatment Standards and any applicable requirements under

11 Section 2 Program and Procedures sections 204(b)1 and 4052 of the Clean Water Act and subtitles C3 and D4 of the Resource Conservation and Recovery Act. Within 30 days of an approval of the list of Significant Industrial Users (SIUs) the City s Administrative Assistant will notify SIUs of their status as such and of all requirements applicable to it as an SIU. Notification requirements are also discussed in Section 4 of the City s Pretreatment Program SOPs. 1Section 204(b) of the Clean Water Act refers to applicable user charges 405 of the Clean Water Act refers to disposal of sewage sludge 3Subtitle C of the Resource Conservation and Recovery Act refers to hazardous waste. 4Subtitle D of the Resource Conservation and Recovery Act refers to solid waste. 2Section Permit Issuance General All permits applications submitted to the City shall be initially checked for completeness and consistency by the City s Administrative Assistant and then verified by the Commissioner. If the permit application is found incomplete or discrepancies are discovered, the Deputy Commissioner will contact the SIU and provide guidance necessary to resubmit the application. Once the permit application is deemed administratively complete, the Deputy Commissioner will complete a technical review of the SIU s application. Laboratory results will be included in the Deputy Commissioner s review of the permit application. The Deputy Commissioner must reference the City s local limits and Discharge Screening Levels found in Appendix C of this SOP. Parameters in excess of discharge screening levels must be analyzed further for potential inclusion in the SIU s Wastewater Discharge Permit as limit or monitoring requirement. If discrepancies are found in the data or information provided by the SIU, the Deputy Commissioner will coordinate with the Commissioner prior to responding to the SIU Sampling Frequency All parameters believed present in IU s discharge shall be sampled twice a year. If IU s discharge is found to be variable, sampling will be required four times a year. A discharge is considered variable if flows are greater than 5,000 gpd and constituents found in wastewater vary over time or days. The annual sampling frequency is as follows: Discharge Type Sampling Frequency (per year) Consistent 2 Variable 4 EPA s policy is that all local limits are included in permits and that for those pollutants that are believed absent, that the monitoring frequency can be once every three years or the life of the permit (whichever is less)

12 Section 2 Program and Procedures Final Approval The Commissioner will have 30 days from the date the application was deemed administratively complete to determine whether to issue an Individual Wastewater Discharge Permit. Once the permit has been drafted by the Deputy Commissioner, the SIU will be issued a permit number and date. The permit duration will be a maximum of 5 years or less as determined by the Commissioner. A final copy of the permit will be provided to the SIU for their files. The permit will include, but is not limited to, the following information: statement of permit duration (no more than 5 years); statement of non-transferability of permit without prior notification to the City and provision of a copy of the existing control mechanism to the new owner/operator; local discharge limits; statement of applicable civil and criminal penalties for violation of pretreatments standards and requirements; and self-monitoring, reporting, notification and record keeping requirements. The SIU will be asked to resubmit the permit application 180 days prior to permit expiration to include any facility changes or new discharges. An example of a Wastewater Discharge Permit can be found in Appendix D of the Standard Operating Procedures Self-Monitoring Reports CFR Reference: 40 CFR 403.8(f)(2)(iv) SUO Reference: Section The Deputy Commissioner will receive and analyze the self-monitoring reports, and any other documents submitted by the Industrial Users. Reporting requirements are also discussed in Section 4 of the City s Pretreatment Program SOPs Random Sampling by City CFR Reference: 40 CFR 403.8(f)(2)(v) SUO Reference: Section The Deputy Commissioner or Water/Sewer Department Foreman will conduct random sampling of IUs. The random sampling will be conducted at least once a year. The Commissioner may require more frequent monitoring and inspection at his discretion. Random Sampling is also discussed in Section 5 of the City s Pretreatment Program SOPs Slug Discharges CFR Reference: 40 CFR 403.8(f)(2)(vi)

13 Section 2 Program and Procedures SUO Reference: Section C and F The Commissioner will evaluate SIUs to determine if they need a Slug Discharge Control Plan at least once every two(2) years. If required, a Slug Discharge Control Plan shall be prepared and will include the following: Description of discharge practices, including non-routine batch discharges; Description of stored chemicals; Procedures for immediately notifying the Deputy Commissioner of a Slug Discharge; and Procedures for prevention of Slug Discharges as presented in 40 CFR 403.8(f)(2)(vi)(D) SIUs are required to immediately notify the Deputy Commissioner in the event a Slug Discharge occurs. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the SIU. In addition, an SIU is required to notify the Deputy Commissioner immediately if any changes to its facility could affect the potential for a Slug Discharge. Slug discharge reporting by IUs is described further in Section of the City s SOPs Investigate Instances of Noncompliance CFR Reference: 40 CFR 403.8(f)(2)(vii) SUO Reference: Section and (section relates to reporting but may trigger instances of noncompliance) The City s Commissioner and the Corporation Counsel will investigate instances of noncompliance with the SUO or in random sampling described in Section above. Sampling and analysis conducted following the instance of noncompliance will be performed in order to produce evidence required for legal action Public Notification CFR Reference: 40 CFR 403.8(f)(2)(viii) and 40 CFR Part 25 SUO Reference: Section The City s IPP program will comply with the public notification requirements of 40 CFR Part 25 (Public Participation in Programs under the Resource Conservation and Recovery Act, The Safe Drinking Water Act, and the Clean Water Act). With regard to public notification, the City s Administrative Assistant will assist the Commissioner in publishing a list IUs found to have significant noncompliance with applicable pretreatment requirements over the past year. The publication will be in the Times HeraldRecord. An event of significant noncompliance by an IU includes any of the following:

14 Section 2 Program and Procedures Chronic violation of wastewater discharge limits- This is an event where 66% of the same pollutant is measured to exceed the Pretreatment Standard or Requirement over the course of 6-months. Technical Review Criteria (TRC) violations- This is an event where 33% of the same pollutant is measured to exceed the Pretreatment Standard or Requirement multiplied by an applicable TRC value over the course of 6-months. The TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except ph. Any violation of a Pretreatment Standard or Requirement that the City s IPP program determines has caused Interference or Pass-Through. This violation can be caused alone by an IU or in combination with other discharges. A discharge of a pollutant that has caused the endangerment to human health, welfare of the environment or has resulted in the City s exercise of its emergency authority. Failure to meet a compliance schedule milestone of 90 days after schedule date of starting constriction, completing constriction or attaining final compliance. Failure to meet a compliance schedule milestone of 30 days after schedule date for required reports. Failure to report noncompliance. Any other violation the Commissioner and his IPP staff determine has an adverse effect on the operation of their local Pretreatment program. Requirements related to findings of significant noncompliance are discussed further in Section 5 of the City s Pretreatment Program SOPs

15 Appendix A Final Attorney s Statement

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20 Appendix B City of Middletown, NY Sewer Use Ordinance

21 CHAPTER 389: SEWERS Article I: Words and Terms Defined Abbreviations and Definitions. A. Abbreviations BOD Biochemical Oxygen Demand BMP Best Management Practice BMR Baseline Monitoring Report CFR Code of Federal Regulations CIU Categorical Industrial User COD Chemical Oxygen Demand EPA U.S. Environmental Protection Agency gpd gallons per day IU Industrial User mg/l milligrams per liter POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIU Significant Industrial User SNC Significant Noncompliance SPDES State Pollutant Discharge Elimination SystemTSS Total Suspended Solids U.S.C. United States Code B. Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows: ACT or THE ACT - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C et seq.

22 APPROVAL AUTHORITY Approval Authority shall be NYSDEC if New York State acquires an approved state pretreatment program. Under all other cases, the Region II EPA Administrator shall be the Approval Authority. AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER (1) If the User is a corporation: (a) The president, secretary, treasurer, or a vice president of the corporation 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 operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws 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 authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the User is a partnership, sole proprietorship or limited liability company: a general partner, proprietor or managing member or manager, respectively. (3) 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 a Duly 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 matters for the company, and the written authorization is submitted to the City. ADMINISTRATOR The regional administrator of the United States Environmental Protection Agency, Region II. BEST MANAGEMENT PRACTICES (BMPs) BMPs refers to schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

23 BOD (denoting "biochemical oxygen demand") The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 C., expressed in parts per million by weight (e.g. mg/l). BUILDING DRAIN That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other pipes inside the walls, not including subsurface soil drains of the building, and conveys it to the building sewer, beginning five feet outside the inner face of the building wall. BUILDING SEWER The extension from the building drain to the public sewer or other place of disposal. BYPASS The term Bypass has the meaning set forth in Section herein. CATEGORICAL INDUSTRIAL USER An Industrial User subject to a categorical Pretreatment Standard or Categorical Standard. CATEGORICAL PRETREATMENT STANDARDS or CATEGORICAL STANDARD Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts CHEMICAL OXYGEN DEMAND (COD) A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. CITY The City of Middletown, NY. COMBINED SEWER A sewer receiving both surface runoff and sewage. COMMISSIONER OF PUBLIC WORKS OR COMMISSIONER The Commissioner of Public Works of the City of Middletown, NY or his authorized deputy, agent or representative. COMMON COUNCIL The Common Council of the City of Middletown, NY.

24 CONTROL AUTHORITY The City of Middletown, NY. DAILY DISCHARGE The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day. DAILY MAXIMUM The arithmetic average of all effluent samples for a pollutant collected during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. DAILY MAXIMUM LIMIT The maximum allowable discharge limit of a pollutant during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. Where Daily Maximum 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 a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. ENFORCEMENT RESPONSE PLAN Plan that details how the City will enforce this Sewer Use Ordnance. ENVIRONMENTAL PROTECTION AGENCY 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. EPA See Environmental Protection Agency, above. EXISTING SOURCE Any source of discharge that is not a New Source. GARBAGE Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. GRAB SAMPLE

25 A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. INDIRECT DISCHARGE OR DISCHARGE The introduction of pollutants into the POTW from any nondomestic source. INDUSTRIAL USER See User. INDUSTRIAL WASTES The liquid wastes from industrial processes, as distinct from sanitary sewage. INSTANTANEOUS LIMIT The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event INTERFERENCE A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City s SPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. LOCAL LIMIT Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). MEDICAL WASTE Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. MONTHLY AVERAGE

26 The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. MONTHLY AVERAGE LIMIT The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. NATURAL OUTLET Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. NEW SOURCE (1) 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 that will be applicable 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. In determining whether these are substantially independent, 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. (2) 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 existing 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 begin, as part of a continuous onsite construction program i. any placement, assembly, or installation of facilities or equipment; or

27 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 binding 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, engineering, and design studies do not constitute a contractual obligation under this paragraph. NONCONTACT COOLING WATER Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. NYSDEC The New York State Department of Environmental Conservation. PASS THROUGH A discharge which exits the POTW into waters of the United States 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 City s SPDES permit, including an increase in the magnitude or duration of a violation. PERSON Any individual, partnership, copartnership, firm, company, corporation, limited liability company, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. ph A measure of the acidity or alkalinity of a solution, expressed in standard units. POLLUTANT Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., ph, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). POTW A treatment works, as defined by Section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or systems used in the collection,

28 storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. PRETREATMENT or TREATMENT The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by a physical, chemical or biological process or process changes or by other means, except as prohibited by 40 CFR 403.6(d). PRETREATMENT REQUIREMENTS Any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard. PRETREATMENT STANDARDS OR STANDARDS Pretreatment Standards shall mean prohibited discharge standards, categorical Pretreatment Standards, and Local Limits. PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES Absolute prohibitions against the discharge of certain substances; these prohibitions appear in of this Chapter of the Code of the City of Middletown. PROPERLY SHREDDED GARBAGE The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension. PUBLIC SEWER A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority. SANITARY SEWER A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted. SEPTIC TANK WASTE Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. SEWAGE Human excrement and gray water (household showers, dishwashing operations, etc.).

29 SEWAGE TREATMENT PLANT Any arrangement of devices and structures used for treating sewage. SEWAGE WORKS All facilities for collecting, pumping, treating and disposing of sewage. SEWER A pipe or conduit for carrying sewage. SIGNIFICANT INDUSTRIAL USER (SIU) A. An Industrial User subject to categorical Pretreatment Standards; or B. An Industrial User that: (1) Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); (2) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (3) Is designated as such by the City on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW s operation or for violating any Pretreatment Standard or Requirement (in accordance with 40 CFR 403.8(f)(6)). C. Upon a finding that a User meeting the criteria of this section B has no reasonable potential for adversely affecting the POTW s operation or for violating any Pretreatment Standard or Requirement, the City may at any time, on its own initiative or in response to a petition received from an Industrial User or POTW, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User. SIGNIFICANT NONCOMPLIANCE The term Significant Noncompliance has the meaning set forth in Section B herein. SLUG DISCHARGE Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW s regulations, Local Limits or conditions of a permit issued pursuant to this Chapter. STANDARD INDUSTRIAL CLASSIFICATION (SIC)

30 A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES PERMIT A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). STORM WATER Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. SUSPENDED SOLIDS See Total Suspended Solids. TOTAL SUSPENDED SOLIDS (TSS) or SUSPENDED SOLIDS Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering. UNPOLLUTED WATERS Any waters which are void of pollutants and/or which have been determined by the NYSDEC as a class stream that is not polluted. UPSET The term Upset has the meaning set forth in Section herein. USER OR INDUSTRIAL USER A source of indirect discharge. WASTEWATER Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. WASTEWATER TREATMENT PLANT OR TREATMENT PLANT That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. WATERCOURSE A channel in which a flow of water occurs, either continuously or intermittently. C. "Shall" is mandatory; "may" is permissive.

31 Article II: Use of Public Sewers Required Deposit of Objectionable Waste Prohibited. It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste Discharge of Polluted Waters to Natural Outlet. It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter Privy Vaults, Septic Tanks, Cesspools Prohibited; Exception. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage Toilet Facilities. The owner(s) of any house, building or property used for human occupancy, employment, recreation or other purpose, situated within the City, and abutting on any street, alley or right-ofway in which there is now located or may in the future be located a public sanitary or storm sewer of the City, is or are hereby required at his/her/their expense to install suitable toilet facilities therein and, further, to install suitable facilities to drain subsurface and surface water on the premises, and to connect such facilities directly with the proper public sewer or storm sewer in accordance with the provisions of this Chapter, and under the supervision of the Commissioner of Public Works, within 30 days after date of official notice to do so, provided that said public sewer or storm sewer is within 100 feet of the property line. Article III: Private Sewage Disposal Where Permitted. Where a public sanitary sewer is not available under the provisions of 389-5, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article and other applicable rules and regulations of the City and the Orange County and New York State Departments of Health Permit Required; Application. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Plumbing Inspector of the City. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the City.

32 389-8 Inspections During Construction. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Plumbing Inspector. He shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Plumbing Inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Plumbing Inspector, if possible Types; Capacities, Location and Layout. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Orange County and New York State Departments of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 7,000 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet Direct Connection with Public Sewer. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in 389-5, a direct connection shall be made to the public sewer in compliance with this Chapter at the property owner s expense, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material as determined by the Commissioner of Public Works Maintenance of Private System. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City Additional Requirements not Precluded. No statement or provision contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Commissioner of Public Works. Article IV: Building Sewers and Connections Permit Required. No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Commissioner Building Sewer Permits: Classes; Application; Fee. There shall be two classes of building sewer permits: for residential and commercial service, and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be

33 supplemented by any plans, specifications or other information considered pertinent in the judgment of the Commissioner. A permit and inspection fee of $300 for a residential or commercial building sewer permit, and $400 for an industrial building sewer permit, shall be paid to the City s Treasurer at the time the application is filed. The fees may be changed from time to time by resolution of the Common Council Installation Costs and Expenses. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer Separate Sewer Required for Each Building; Exception. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer Old Building Sewers Used with New Buildings. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Commissioner, to meet all requirements of this Chapter Materials. The building sewer shall be cast-iron soil pipe, ASTM specification (A74-42) or equal; vitrified clay sewer pipe, ASTM specification (C13-44T) or equal; approved asphalt pipe or other suitable material approved by the Commissioner. Joints shall be tight and waterproof. Any part of the building sewer that is located and within three feet of a water service pipe, level with or above the building sewer, shall be constructed of cast-iron soil pipe with leaded joints. Cast-iron pipe with leaded joints may be required by the Commissioner where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of castiron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Commissioner Size and Slope. The size and slope of the building sewer shall be subject to the approval of the Commissioner, but in no event shall the diameter be less than six inches. The slope of such four-inch pipe shall be not less than 1/4 inch per foot Elevation of Connection; Direction. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from

34 frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings Gravity Flow Preferred. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer Excavations. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Commissioner. Pipe laying and backfill shall be performed in accordance with ASTM specification (C12-19), except that no backfill shall be placed until the work has been inspected Joints and Connections. A. All joints and connections shall be made gastight and watertight. Cast-iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, federal specification (QQ-L-156), not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. B. All joints in vitrified clay pipe or between such pipe and metals shall be made with approved hot-poured jointing material. C. Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160 F., nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp or similar approved material. D. Other jointing materials and methods may be used only by approval of the Commissioner Connection Specifications. The connection of the building sewer into the public sewer shall be made at the Y-branch, if such branch is available at a suitable location. Where no properly located Y-branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45. A forty-five-degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the Commissioner.

35 Inspection Notice. The applicant for the building sewer permit shall notify the Commissioner when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Commissioner Excavations: Safety Devices; Restoration. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City and in accordance with the Street Excavation Ordinance.1 1 Editor's Note: See Ch. 416, Art. VIII, Openings and Excavations, Code of the City of Middletown. Article V: General Sewer Use Requirements Prohibited Discharge to Sanitary Sewers. A. General Prohibitions. No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements. B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (1) Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR ; (2) Wastewater having a ph less than 5.5 or more than 9.0, or otherwise causing corrosive structural damage to the POTW, equipment or personnel; (3) Solid or viscous substances in amounts that will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than 1/2 inch in any dimension; (4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause Interference with the POTW; (5) Wastewater that will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the POTW to exceed 104 degrees F (40 degrees C); (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through;