§ 98-149. Special rules relating to industrial dischargers.

(a)

Compliance with standards.

(1)

Applicable laws. All dischargers shall be subject to those federal, State, and local requirements and limitations which are the most stringent.

(2)

Dilution. No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this article.

(3)

Mass limitations. Where deemed appropriate the authority may apply mass limitation expressed in pounds per day of pollutant discharged.

(4)

Categorical pretreatment standards.

(A)

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the authority may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

(B)

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, director shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

(C)

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

(D)

A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.25.

(b)

Accidental discharge.

(1)

Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this article. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. When applicable, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the authority for review, and shall be approved by the authority before construction of the facility. Review and approval of such plans and operating procedures by the authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this article.

(2)

Dischargers shall telephone and notify the authority immediately upon the occurrence of a slug or accidental discharge of substances prohibited by this article. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions taken. Any discharger discharging slugs of prohibited materials shall be liable for any expense, loss or damage to the wastewater system and the POTW, in addition to the amount of any fines imposed on the authority under State or federal law.

(3)

Within five days following such discharge, the user shall, unless waived by the director, submit to the director a detailed written report, signed by the discharger's authorized representative, which specifies:

(A)

A description and cause of the discharge, including location of the discharge, type, concentration, and volume of water;

(B)

Duration of noncompliance including exact dates and times of noncompliance and, if the noncompliance is continuing, an immediate response to cause the noncompliant discharge to cease; and

(C)

All steps taken or to be taken to reduce, eliminate, and prevent continuation or recurrence of such an upset, slug load, or accidental discharge, spill, or other conditions of noncompliance.

(4)

Each employer shall instruct all applicable employees, who may cause or discover such a discharge, with respect to emergency notification procedure including the proper telephone number of the authority to be notified. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection.

(c)

Wastewater discharges into private sewer systems. All dischargers who discharge wastewater into a private sewer system shall comply with this article including section 98-150; provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the authority's personnel to enter onto the owner's property for purposes of inspection and monitoring of discharger's premises, and for enforcement pursuant to the term of this article.

(d)

Prohibition of bypass.

(1)

Bypass. Bypass of a discharger's treatment equipment or treatment facility is prohibited and the authority may take enforcement action against the discharger unless:

(A)

The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(B)

There were no feasible alternatives to the bypass, such as use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of downtime. This condition is not satisfied if, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been installed to prevent a bypass which occurred during normal periods of equipment downtime or maintenance; and

(C)

The discharger submitted advanced, written notice of the need for a bypass.

(2)

The discharger shall submit oral notice to the authority of an unanticipated bypass that exceeds categorical standards or other discharge limits within 24 hours of the time the discharger becomes aware of the bypass. Written notice shall be provided within five days of the time the discharger becomes aware of the bypass. The written notice shall include a description of the bypass and its causes, duration of the bypass, steps taken to prevent the reoccurrence of the bypass, and must be signed by the authorized representative of the discharger.

(3)

The authority may approve an anticipated bypass, after considering its adverse effects, if it determines that the bypass will meet all of the conditions of subsection (a) of this section.

(e)

Notification of hazardous waste discharges. All dischargers shall notify the authority, the control authority, the EPA's regional waste management article director, and the approval authority in writing of any discharge into a wastewater system or POTW of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Any notification under this subsection must be submitted in conformance with 40 CFR part 403.12(p).

(Ord. No. O-2012-001-11, § 1, 1-30-12)