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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

 

Title 8. Chapter 11. Industrial Pretreatment Program

8-11-1. Definitions and Abbreviations.

(1) Definitions. In addition to definitions in Section 8-5-3 of the Toole City Code, the following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to except where the context clearly indicates a different meaning:

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

“Approval Authority” means the Executive Director of the Utah Department of Environmental Quality or their authorized representative.

“Authorized Representative” or “Duly Authorized Representative” of the Industrial User.

(a) If the Industrial User is a corporation:

(i) 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,

(ii) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which 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 Industrial Wastewater Discharge Permit requirements; and, where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(c) If the user is a limited liability company, the principle or managing member or other duly authorized member of the limited liability company.

(d) If the user is a federal, state, or local government facility: A District or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.

(e) The individuals described in paragraphs (a) through (c), above, may designate another authorized representative if the authorization is made in writing, the authorization specifies the individual or a 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.

“Best Management Practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the General and Specific Prohibitions listed in Section 8-11-3 of this Chapter. BMPs may also include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. BMPs shall be considered Pretreatment Standards for the purposes of this Chapter and UAC R317-8-8.5(7).

“Bypass” is the intentional diversion of wastestreams from any portion of an Industrial User’s treatment facility pursuant to UAC R317-8.8.15, and is hereby incorporated by this reference.

“Categorical Industrial User” means an industrial user who is subject to a Categorical Pretreatment Standard.

“Categorical Pretreatment Standard” or

“Categorical Standard” refers to any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. §1317) as amended, which apply to a specific category of industrial users and that appear in 40 CFR chapter I, subchapter N, Parts 405-471.

“City” means Tooele City.

“Composite sample” is a representative flow-proportioned sample generally collected within a twenty-four (24) hour period and combined according to flow. Time-proportional sampling may be approved or used by the City where time-proportional samples are believed representative of the discharge.

“Cooling water” means:

(a) Contact: Water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product, or finished product.

(b) Noncontact: Water used for cooling purposes which does not come in contact with any raw material, intermediate product, waste product, or finished product, and the only pollutant added is heat.

“Daily Maximum Discharge Limit” is the maximum allowable concentration of a pollutant(s) that may be discharged during a twenty-four (24) hour period or as specified in an Industrial Wastewater Discharge Permit. Where daily maximum limitations are expressed in units of mass, the discharge is the total mass discharged over the sampling period.

“Director” means the Director of Community Development/Public works who is designated by the City to supervise the operation of the Publicly Owned Treatment Works and who is charged with certain duties and responsibilities under this Chapter, or their duly authorized representative.

“Existing source” means any Indirect Discharge that is not a New Source.

“Fats, Oils, and Grease’ or ”FOG” means non-petroleum organic polar compounds derived from animal or plant sources such as fats, non-hydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using the approved method for Hexane Extractable Materials in the analytical procedures established in 40 CFR Part 136.

“Grab sample’ means a sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

“Hazardous waste” is any waste designated as hazardous under the provisions of UAC R315-2.

“Holding tank waste” refers to any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, sealed vaults, and vacuum-pump tank trucks.

“Indirect Discharge” means the discharge or the introduction of nondomestic pollutants into the POTW from any source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C. 1317), including holding tank waste from a non-domestic user discharged into the POTW.

“Industrial User” means a source of Indirect Discharge, a user that has the potential to discharge non-domestic wastewater to the POTW or an industrial user that has a sewer connection for domestic wastewater discharge only.

“Industrial” or “non-domestic” wastes means the liquid or solid wastes from industrial manufacturing processes, trade or business activities producing non-domestic or non-residential sewage as distinct from domestic wastewater.

“Industrial Wastewater Discharge Permit” means and shall refer to a permit issued by the City to an Industrial User that allows, limits and/or prohibits the discharge of pollutants or flow to the POTW as set forth in this Chapter.

“Instantaneous Discharge Limit” means the maximum or minimum concentration or measurement for a pollutant or pollutant property allowed to be discharged at any time for any length of time and is determined by use of a grab sample or a direct measurement.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both

(a) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use, or disposal, and

(b) Therefore is a cause of a violation of the City’s UPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act (SWDA), 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 Limits” are any regulation containing pollution discharge limits promulgated by the City in accordance with UAC R317-8-8.5(4) and (5), which are deemed to be Pretreatment Standards and contained in Section 8-11-3(3) of this Chapter.

“Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, pharmaceutical residues, and dialysis wastes.

“New Source” means

(a) 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:

(i) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(ii) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) 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.

(b) 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 paragraphs (a)(ii) or (a)(iii) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

(c) Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:

(i) Begun, or caused to begin, as part of a continuous onsite construction program:

1. Any placement, assembly, or installation, of facilities or equipment; or

2. 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

(ii) 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.

“Pass Through” means 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 UPDES permit (including an increase in the magnitude or duration of a violation).

“pH” means the intensity of acid or base condition of the solution expressed as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution and reported as Standard Units (SU).

“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive materials, heat, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g. pH, temperature, TSS turbidity, color, BOD5, COD, toxicity or odor) discharged into or with water.

“Pretreatment” means the reduction of the amount of pollutants, the elimination 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 the POTW. The reduction or alteration can be obtained by physical process, biological process, or by other process or means, except as prohibited by 40 CFR Section 403.6(b). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR Section 403.6(e).

“Pretreatment Requirement” means any substantive or procedural requirement related to pretreatment, other than a Pretreatment Standard, imposed on an Industrial User.

“Pretreatment Standard”, “National Pretreatment Standard” or “Standard” means any regulation containing pollutant discharge limits promulgated by EPA, in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits, local limits and Best Management Practices that are established by the City and pursuant to UAC R317-8-8.5. In cases of differing Standards, the more stringent shall apply.

“Sector Control Program” is a program designed to control specific pollutants from industrial users with similar operations, waste generation or treatment through the implementation of Pretreatment Standards and Requirements, including Best Management Practices. These Sector Control Program requirements may be found in Section 8-11-16 of this Chapter.

“Significant Industrial User” or “SIU” means:

(a) A Categorical Industrial User;

(b) An Industrial User that:

(i) Discharges greater than five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;

(ii) Discharges more than an average of twenty-five thousand gallons per day (25,000 gpd) of process wastewater to the POTW (excluding noncontact cooling, sanitary, and boiler blow down); or

(iii) Is designated as such by the Director 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.

(c) The City, at its sole discretion, may determine that an Industrial User subject to Categorical Pretreatment Standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than one hundred gallons per day (100 gpd) of total wastewater subject to Categorical Pretreatment Standards (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met;

(i) The Industrial User, prior to the City’s finding, has consistently complied with all applicable Categorical Pretreatment Standards and Requirements;

(ii) The Industrial User annually submits the certification statement as found in 40 CFR 403.12(g), together with any additional information necessary to support the certification statement; and

(iii) The Industrial User never discharges any untreated concentrated wastewater.

(d) Upon a written finding by the Director that an Industrial User meeting the criteria in paragraph (b) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standards or Requirement, the Director may at any time, on its own initiative or in response to a petition received from an Industrial User and in accordance with UAC R317-8-8.8(6)(b)12, determine that such Industrial User is not a Significant Industrial User.

“Slug Discharge” or “Slug Load” means any discharge at a flow rate or concentration which could cause a violation of the General or Specific Prohibitions in Section 8-11-3. 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, or a discharge which exceeds the hydraulic or other design of an Industrial User’s treatment system or any part of the treatment unit, including a discharge which has a reasonable potential to cause Interference or Pass Through or in any other way violates an applicable Pretreatment Standard or Requirement or an Industrial Wastewater Discharge Permit issued by the City.

“Standard Industrial Classification” or “SIC” code means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.

“Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under Section 307(a) of the Act or as otherwise listed in 40 CFR Part 122, Appendix D.

“Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the reasonable control of the Industrial User pursuant to UAC R317-8-8-8.14, and is herein incorporated by this reference.

(2) Abbreviations. The following abbreviations shall have the designated meanings:

BMP   Best Management Practice

BMR  Baseline Monitoring Report

BOD5  Biochemical Oxygen Demand

ºC  degrees Celsius

CFR  Code of Federal Regulations

CIU  Categorical Industrial User

COD  Chemical Oxygen Demand

CWA  Clean Water Act

EPA  U.S. Environmental Protection Agency

°F  F ahrenheit

FOG  Fats, Oils and Grease

gpd  gallons per day

gpm  gallons per minute

GGI  Gravity Grease Interceptor

HEM  Hexane Extractable Material

HMGI  Hydromechanical Grease Interceptor

IU  Industrial User

mgd  million gallons per day

mg/L  milligrams per Liter

O&M  Operation and Maintenance

POTW  Publicly Owned Treatment Works

SIC  Standard Industrial Classification

SIU  Significant Industrial User

SNC  Significant Noncompliance

§  Section

TSS  Total Suspended Solids

UAC  Utah Administrative Code

UPDES  Utah Pollutant Discharge Elimination System

U.S.C.  United States Code

(Ord. 2015-17, June 3, 2015)

8-11-2. Applicability, Objectives, and Responsibility of the City.

(1) Applicability. This Chapter sets forth uniform requirements for all Industrial Users that discharge into the Publicly-Owned Treatment Works (POTW) and enables the City to comply with all applicable State and federal laws including the Clean Water Act (33 United States Code (U.S.C.) Section 1251 et seq.), the State of Utah Pretreatment Regulations (UAC R317-8-8) and the General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR Part 403).

(2) Objectives. The objectives of this Chapter are to:

(a) Prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW or contaminate the resulting sludge;

(b) Prevent the introduction of pollutants into the POTW which will pass through the wastewater facilities, inadequately treated, into the receiving waters or the atmosphere, or otherwise be incompatible with the POTW;

(c) Provide for and promote the general health, safety, and welfare of both the general public and the POTW personnel who may be affected by wastewater and sludge in the course of their employment;

(d) Improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;

(e) Provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and,

(f) Enable the City to comply with its Utah Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws or regulations to which the POTW is subject.

(3) Industrial Users. No industrial user shall discharge non-domestic wastewater to the POTW unless done in compliance with the provisions of this Chapter.

(4) Owner/Tenant Responsibility. Where an owner of property leases a premises to a person as a tenant under any rental or lease agreement, if either the owner or the tenant is an Industrial User at the premises, both are jointly and severally responsible for compliance with the provisions of this Chapter.

(5) Authority of Director. Except as otherwise provided, the Director shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel.

(6) Notification to Industrial Users. The Director shall attempt to notify in writing any Industrial User whom the City has reason to believe is subject to a National Categorical Pretreatment Standard or Requirement, or other applicable requirements promulgated by the EPA under the provisions of Section 204(b) or 405 of the Act, or under the provisions of sections 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of the City to so notify industrial users shall not relieve said industrial users from the responsibility of complying with applicable requirements. It is the responsibility of Significant Industrial Users to apply for and receive a permit prior to discharge, whether or not the Industrial User has been identified and formally requested to do so.

(7) Discharge by Industrial Users. If wastewaters containing any pollutant, including excess flow, or as otherwise defined in this Chapter, are discharged, have the potential to discharge in the opinion of the Director, or are proposed to be discharged to the POTW, the Director may take any action necessary to:

(a) prohibit the discharge of such wastewater;

(b) require an Industrial User to demonstrate that in-plant facility modifications will reduce or eliminate the discharge of such substances in conformity with this Chapter;

(c) require treatment, including storage facilities or flow equalization, necessary to reduce or eliminate the potential for a discharge to violate this Chapter;

(d) require the Industrial User making, causing, or allowing the discharge to pay any additional cost or expense incurred by the City for handling, treatment, disposal, or remediation costs as a result of wastes discharged to the wastewater treatment system;

(e) require the Industrial User to apply for and obtain a permit, including a zero discharge permit;

(f) require timely and factual reports from the Industrial User; and/or,

(g) take such other action as may be necessary to meet the objectives of this Chapter.

(Ord. 2015-17, June 3, 2015)

8-11-3. Wastewater Discharge Prohibitions and Limitations.

(1) General Prohibitions. No Industrial User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which causes Pass Through or Interference. These General Prohibitions and the Specific Prohibitions in paragraph (2) apply to all industrial users of the POTW whether or not the industrial users are subject to other Pretreatment Standards or Requirements.

(2) Specific Prohibitions. No Industrial User shall contribute the following pollutants into the POTW:

(a) Any liquids, solids, or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the wastewater facilities, including, but not limited to, wastestreams with a closed cup flashpoint of less than sixty degrees Celsius (60°C) or one hundred forty degrees Fahrenheit (140°F) using the test methods specified in UAC R315-2-1. The Director may require industrial users with the potential to discharge flammable, combustible, or explosive substances to install and maintain an approved combustible gas detection meter or explosion hazard meter. No two successive readings on an explosion hazard meter at the point of discharge shall be more than five percent (5%), nor any one reading more than ten percent (10%), of the Lower Explosive Limit (LEL) of the meter;

(b) Solid or viscous substances which may cause obstruction to the flow in the POTW resulting in Interference;

(c) Any wastewater having a pH less than 5.0 or higher than 12.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the wastewater facilities;

(d) Any pollutant, including oxygen demanding pollutants (BOD5, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW;

(e) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40 degrees (40°) Celsius or one-hundred and four degrees (104°) Fahrenheit unless EPA, upon request of the POTW, approves alternate temperature limits;

(f) Any petroleum oil, non-biodegradable cutting oil, or products of any mineral origin in amounts that will cause Pass Through or Interference;

(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems or pollutants which singly or cumulatively or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent or interfere with entry into the sewers for their maintenance and repair;

(h) Any trucked or hauled pollutants, except at discharge points designated by the Director;

(i) Stormwater drainage from ground resulting in Infiltration and Inflow (I&I) through the Industrial User’s service line(s) or surface, roof drains, catch basins, unroofed area drains (e.g. commercial car washing facilities), or any other source unless otherwise approved by the Director. Specifically prohibited is the connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to the POTW. No Industrial User shall connect or discharge water from underground drains, sump pump discharges, natural springs and seeps, water accumulated in excavation or grading, or any other water associated with construction activities to the POTW;

(j) Any substance which may cause the wastewater facilities’ effluent, or any other product of the wastewater facilities, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process;

(k) Any substance which will cause the City to violate its UPDES permit or applicable Water Quality Standards;

(l) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;

(m) A Slug Discharge;

(n) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director or other regulations set forth by the State of Utah or that violates any applicable state or federal regulations;

(o) Bulk, expired, outdated, or concentrated prescription or non-prescription drugs;

(p) Wastewater or pollutants discharged directly into a manhole or other opening to the POTW unless specifically authorized by the Director or as otherwise permitted under this Chapter. Prohibited is the opening of a manhole or discharging into any opening in violation of this Chapter;

(q) No chemicals, materials, or substances, including but not limited to, paints, solvents, boiler or water treatment chemicals, sludges, chemicals, or wastes shall be stored in proximity to a floor drain or other sewer openings unless secondary containment is provided or there are physical barriers to entry to the wastewater collection system. The storage of any chemicals, materials, substances, or wastes that leak or have potential to leak or discharge into the wastewater collection system which may create an explosion hazard or in any way have a deleterious effect to the POTW or constitute a nuisance or a hazard to POTW personnel, the general public, the environment, or the receiving stream shall be prohibited;

(r) Wastewater contaminated as a result of discharge from aboveground and/or underground gasoline, diesel fuels, fuel oil, kerosene, and jet fuel tanks, tank accessories, and/or pipelines without applying for and obtaining a permit prior to discharge;

(s) Liquid wastes from chemical toilets, trailers, campers, or other recreational vehicles which have been collected and/or held in tanks or other containers shall not be discharged into the POTW except at locations authorized by the City to collect such wastes;

(t) Sludges, screenings, or other residues from the treatment of industrial wastes;

(u) Medical wastes that cause or contribute to Pass Through or Interference;

(v) Wastewater causing, alone or in conjunction with other sources, the POTW effluent to fail a Whole Effluent Toxicity (WET) test;

(w) Detergents, surfactants, and other surface-active agents, or other substances which may cause excessive foaming in the POTW or cause or contribute to Pass Through or Interference;

(x) Discharge of Nonylphenol from the use of bulk or concentrated Nonylphenol containing detergents as employed by some industrial or commercial laundries, car washes, or asphalt manufacturers or other industrial users;

(y) Wastewater which contains grease or oil or any other substances that will solidify or become discernibly viscous at temperatures between thirty-two degrees (32°) Fahrenheit (0° Celsius) and one hundred fifty degrees (150°) Fahrenheit (65.5° Celsius);

(z) Wastewater containing free or floating oil and grease, or any discharge containing animal fat or grease by-product in excess of two hundred milligrams per liter (200 mg/L). In lieu of this limit, a food service establishment may install and properly operate and maintain a Gravity Grease Interceptor, implement all required BMPs, and does not violate a General or Specific Prohibition pursuant to the Sector Control Program in Section 8-11-16(2);

(aa) Wastewater generated as a result of wastes pumped from gravity grease interceptors, hydromechanical grease interceptors, grease traps, sand-oil separators, or other storage tanks or treatment units back into the POTW, either directly or indirectly, without approval of the Director;

(ab) Discharge of any wastewater containing perchloroethylene (PCE) (also known as Tetrachloroethene and Tetrachloroethylene) from any industrial user involved in the dry cleaning business;

(ac) Any pollutant or wastewater containing pollutants with UV (254 nm) absorbing substances which causes interference with UV disinfection at the treatment plant; or,

(ad) Any pesticides, herbicides or fungicides that cause or contribute to Pass Through, Interference, or other problems at the treatment works or in the receiving waters. In no case, shall an Industrial User discharge wastewater that is generated from the rinsing of any container that contains or contained any concentrated or formulated pesticide, herbicide, or fungicide.

(3) Specific Discharge Limitations.

(a) No Significant Industrial User shall discharge or cause to be discharged wastewater that exceeds the following limits:

8-11-3-3-a

8-11-3-3-a (part 2)

Notes to Table. 1. All Pollutants shown in the table are Totals and in mg/L unless otherwise specified. 2. These limits are the total mass in pounds per day (lbs/day) that are available to allocate to all permitted industrial users. Allocations are at the sole discretion of the City. 3. Discharges containing BOD5 or TSS concentrations over that of Normal Domestic Strength Wastewater shall be surcharged.

(b) The City may, at its sole discretion, implement local limits through allocation of the Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users that correspond to the uniform concentration local limits shown in the table above. The MAILs that correspond to the Daily Maximum Discharge Limits are hereby incorporated by reference.

(4) The following limits shall apply to wastewaters that are discharged from the groundwater cleanup of petroleum or gasoline underground storage tanks or other remediation wastewaters containing these pollutants or in other wastewaters where these pollutants are appropriate surrogates. It shall be unlawful for any permitted Industrial User to discharge or cause to be discharged any waste or wastewater that exceeds the following limits, as applicable.

8-11-3-4

(a) All pollutants shown in the Table are totals.

(b) BTEX shall be measured as the sum of Benzene, Ethylbenzene, Toluene, and Xylenes.

(c) These limits are based upon installation of air stripping technology as described in the EPA document: “Model NPDES Permit for Discharges Resulting from the Cleanup of Gasoline Released from Underground Storage Tanks. June 1989.”

(5) The Director may establish more stringent pollutant limits, additional site-specific pollutant limits, Best Management Practices, or additional Pretreatment Requirements when, in the judgment of the Director, such limitations are necessary to implement the provisions of this Chapter.

(6) Dilution is prohibited as a substitute for treatment and shall be a violation of this Chapter. Except where expressly authorized to do so by an applicable Pretreatment Standard or Requirement, no Industrial User shall ever increase the use of process water, or in any other way attempt to dilute a Discharge as a partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment Standard or Requirement. The City may impose mass limitations on industrial users which are using dilution to meet applicable Pretreatment Standards or Requirements or in other cases where the imposition of mass limitations is appropriate.

(7) State requirements and limitations on discharges shall apply in any case where they are more stringent than federal Pretreatment Standards and Requirements or those in this Chapter.

(Ord. 2015-17, June 3, 2015)

8-11-4. National Categorical Pretreatment Standards.

(1) Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405–471.

(2) Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR Section 403.6.

(3) When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users.

(4) Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Director within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any Industrial User not notifying the Director of such an anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.

(5) When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e).

(6) A Categorical Industrial User may obtain a net/gross adjustment to a Categorical Pretreatment Standard in accordance with UAC R317-8-8.13.

(Ord. 2015-17, June 3, 2015)

8-11-5. Pretreatment and Monitoring Facilities.

(1) Treatment Required. An Industrial User shall provide necessary wastewater treatment at the Industrial User’s expense as required to comply with this Chapter and shall achieve compliance with all Pretreatment Standards and Requirements within the time limitations specified by the EPA or the City, whichever is more stringent. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review and shall be acceptable before construction of the facility. The review of such plans and operating procedures will in no way relieve the Industrial User from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Chapter.

(2) The Industrial User shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Industrial User. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by an Industrial User when the operation is necessary to achieve or assure compliance with the conditions of the permit.

(3) Monitoring Facilities. The City may require an Industrial User to install, at the Industrial User’s expense, suitable monitoring facilities or equipment that allow for the representative sampling and accurate observation of wastewater discharges. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the City’s requirements and all applicable construction standards and specifications. Monitoring equipment and structures shall be maintained in proper working order, calibrated as required by manufacturer’s recommendations and kept safe and accessible at all times to City personnel. The monitoring equipment shall be located and maintained on the Industrial User’s premises outside of the building unless otherwise approved by the City. When such a location would be impractical, the City may allow such facilities to be constructed in the public street or easement area, with the approval of the agency having jurisdiction over such street or easement, and located so that they will not be obstructed by public utilities, landscaping or parked vehicles. No Industrial User shall cover any manhole, sewer cleanout, or other openings in the wastewater collection system with earth or paving, or otherwise render it inaccessible.

(4) Wastewater Discharge Control. The City may require an Industrial User to restrict discharge during peak flow periods, designate that certain wastewater be discharged only into specified sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and demonstrate the Industrial User’s compliance with the requirements of this Chapter.

(5) Flow Equalization. The City may require any Industrial User discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An Industrial Wastewater Discharge Permit may be required to address only flow equalization.

(6) Multitenant Buildings. When more than one Industrial User is able to discharge into a common service line, the City may require installation of separate monitoring equipment or structures for each Industrial User.

(7) Flow, pH, LEL and other meters and equipment. If the City determines an Industrial User is required to measure and report (i) wastewater flow, (ii) discharge process wastewaters necessitating continuous pH measurement or (iii) discharge wastewater that may contain flammable substances or other pollutants of concern, the City may require the Industrial User to install and maintain, at the Industrial User’s expense, approved meters and equipment.

(Ord. 2015-17, June 3, 2015)

8-11-6. Industrial Wastewater Discharge Permits.

(1) Permits Required. All Significant Industrial Users proposing to connect to, or discharge into, any part of the POTW shall apply for and obtain an Industrial Wastewater Discharge Permit prior to commencing discharge to the POTW. A separate permit may be required for each Industrial User, building or complex of buildings. Such Significant Industrial Users shall immediately contact the City and obtain an Industrial Wastewater Discharge Permit.

(2) New Industrial Users: Applying for an Industrial Wastewater Discharge Permit. Any Industrial User required to obtain an Industrial Wastewater Discharge Permit who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit prior to the beginning or recommencing of such discharge. The Industrial User shall file a permit application on forms provided by the City containing the information specified in subsection 8-11-6(6). The completed application for the Industrial Wastewater Discharge Permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. The City may issue a permit at any time after receipt of the completed permit application.

(3) Existing Industrial Users: Applying for an Industrial Wastewater Discharge Permit Re-issuance.

(a) An Industrial User with an expiring Industrial Wastewater Discharge Permit shall apply for a new permit by submitting a complete permit application at least ninety (90) days prior to the expiration of the Industrial User’s existing discharge permit. The Industrial User shall file a permit application on forms provided by the City containing the information specified in subsection 8-11-6(6).

(b) An Industrial User with an existing permit that has filed a complete and timely permit application may continue to discharge, as approved in writing by the City, through an administrative extension of the existing permit if the delay in permit issuance is not due to any act or failure to act on the Industrial User’s part.

(c) If a permit expires and the Industrial User fails to submit a complete or timely permit application as required, discharge into the POTW shall cease until a complete permit application has been submitted to the Director and a new Industrial Wastewater Discharge Permit issued. Discharge by an Industrial User without proper authorization shall be prohibited and a violation of this Chapter.

(4) Other Industrial Users. The City may require other industrial users to apply for and obtain wastewater discharge permits or similar control mechanisms necessary to carry out the purposes of this Chapter. The City may issue an Industrial Wastewater Discharge Permit, a zero discharge permit, or other control mechanism as needed to prohibit the discharge of some or all non-domestic process wastewater from an Industrial User or to establish other Pretreatment Standards or Requirements.

(5) Enforceability. Any violation of the terms and conditions of an Industrial Wastewater Discharge Permit, failure to apply for a permit as required, or discharging without a required permit shall be deemed a violation of this Chapter and subjects the Industrial User to enforcement by the City. Obtaining an Industrial Wastewater Discharge Permit does not relieve a permittee of its obligation to comply with all State and federal Pretreatment Standards or Requirements.

(6) Permit Application Contents. In support of the application, the Industrial User shall submit, in units and terms appropriate for evaluation, the following information:

(a) Name of business, address of the facility, location of the discharge if different from the facility address, and contact information for the owner, operator, and the Authorized Representative of the Industrial User.

(b) Environmental Permits. A list of any environmental control permits held by or for the facility.

(c) Description of Operations.

(i) A brief description of the nature and the average and maximum rate of production (including each product produced by type, amount, processes, and rate of production);

(ii) The Standard Industrial Classification(s) of the operation(s) carried out by such Industrial User;

(iii) A schematic process diagram, which indicates all process tanks, process lines, treatment systems, drains, and points of discharge to the POTW from each regulated process and source of non-domestic wastewater;

(iv) A listing of all non-domestic process streams and the type(s) of wastes generated from each process;

(v) A list of all raw materials and chemicals used or stored at the facility;

(vi) Number of employees; and,

(vii) Hours of operation, and proposed or actual hours of operation.

(d) Time and duration of discharges including the date the industrial user first began discharge or plans to discharge to the POTW.

(e) The location for sampling the wastewater discharges from the Industrial User.

(f) Flow measurement. Information showing the average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR Section 403.6(e). For New Sources and new permittees not currently discharging, an estimate of flows may be used for meeting the requirements of the Baseline Monitoring Report required in subsection 8-11-15(2).

(g) Measurement of Pollutants.

(i) The Pretreatment Standards applicable to each regulated process;

(ii) The results of sampling and analysis identifying the nature and concentration, and/or mass of regulated pollutants in the discharge from each regulated process where required by the Standard or by the City;

(iii) Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported;

(iv) The sample shall be representative of daily operations and shall be collected in accordance with procedures set out in subsection 8-11-13(1) and (2). Where the Standard requires compliance with a BMP or pollution prevention alternative, the Industrial User shall submit documentation as required by the City or the applicable Standard to determine compliance with the Standard;

(v) Analyses must be performed in accordance with procedures set out in subsection 8-11-13(3); and, (vi) In cases where the Pretreatment Standard requires compliance with a Best Management Practice or pollution prevention alternative, the Industrial User shall submit documentation as required by the District or the applicable Standard to determine compliance with the Standard.

(h) A list of hazardous waste(s) generated and a description of the storage area and procedures for handling and disposal of the wastes.

(i) A Slug Discharge Control Plan for Significant Industrial Users as described in subsection 8-11-15(5) shall be submitted as required by the City. Other industrial users shall be required to submit a Slug Discharge Control Plan on a case-by-case basis as required by the Director.

(j) Compliance Schedule. If additional pretreatment and/or Operation and Maintenance (O&M) will be required to meet the Pretreatment Standards, the shortest schedule by which the Industrial User will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The following conditions shall apply to this schedule:

(i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Industrial User to meet the applicable Pretreatment Standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No such increment shall exceed nine (9) months.

(ii) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Director.

(k) Certification. A statement, reviewed by the Authorized Representative of the Industrial User and certified to by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional Pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements.

(l) Signatory Certification. All Industrial Wastewater Discharge Permit applications and certification statements must be signed by the Authorized Representative of the Industrial User and contain the applicable certification statement(s) in subsection 8-11-15(8).

(m) Any other information as may be deemed by the Director to be necessary to evaluate the permit application.

(7) Industrial Wastewater Discharge Permit Issuance.

(a) Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period of less than five (5) years at the City’s discretion or may be stated to expire on a specific date.

(b) Where the City is issuing a permit containing a permit specific Pretreatment Standard or Requirement not otherwise contained in this Chapter, the Pretreatment Standard or Requirement shall be noticed for public comment for thirty (30) days in a newspaper of general circulation that provides meaningful public notice.

(c) The City shall issue an Industrial Wastewater Discharge Permit to the applicant if the City finds that all of the following conditions are met:

(i) The applicant has provided a timely and complete permit application to the City;

(ii) The proposed discharge by the applicant is in compliance with the Pretreatment Standards and Requirements established in this Chapter;

(iii) The proposed operation and discharge of the applicant would permit the normal and efficient operation of the POTW; and,

(iv) The proposed discharge by the applicant would not result in a violation by the City of the terms and conditions of its NPDES Permit or cause Pass Through or Interference.

(d) If the City finds that the condition set out in Subsection (2)(ii) of this Section is not met, the City may, at their discretion, issue an Industrial Wastewater Discharge Permit to the applicant if the conditions set out in subsections (c)(i), (c)(iii) and (c)(iv) of this Section have been met and if the applicant submits, and the City approves, a compliance schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to insure compliance with applicable Pretreatment Standards and Requirements. At no time shall a discharge be allowed to cause a violation of any General or Specific Prohibition established in Section 8-11-3 nor shall the final compliance date for a Categorical Pretreatment Standard be extended.

(e) Any Industrial User may petition the Director to reconsider the terms of an Industrial Wastewater Discharge Permit within thirty (30) days of the permit issuance. Failure to submit a timely petition shall be deemed to be a waiver of further administrative appeals. In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the Industrial Wastewater Discharge Permit. The effectiveness of the Wastewater Discharge Permit shall not be stayed pending the appeal. If the Director does not act on such appeal within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to modify a permit shall be considered final administrative actions for purposes of judicial review. Aggrieved parties seeking judicial review of the final administrative Industrial Wastewater Discharge Permit decision must do so by filing a complaint with a court of competent jurisdiction.

(f) Denial by City to Issue a Wastewater Discharge Permit.

(i) In the event the City denies an Industrial User’s request for a permit to discharge, the Director shall notify the applicant in writing of such denial. Such notification shall state the grounds for such denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit.

(ii) Upon receipt of notification of denial of permit issuance, the applicant may request and shall be granted a hearing to be held by an Administrative Hearing Officer designated by the Mayor , provided the request is submitted in writing to the Director within fourteen (14) days of receipt of the Director’s original notification of denial. At such hearing the applicant shall have the burden of establishing that the conditions set out in paragraph (c) of this Section have been met and that a permit should be issued.

(iii) Except as provided in this Chapter, the procedure for the hearing shall be as established in Chapter 1-28.

(iv) Upon review of the evidence by the Administrative Hearing Officer the Administrative Hearing Officer shall make written findings of fact. Thereupon, the Director may issue an Industrial Wastewater Discharge Permit, or may direct that such permit shall not be issued, or give such other or further orders and directives as necessary and appropriate.

(v) The decision by the Administrative Hearing Officer not to reconsider, issue, or reissue an Industrial Wastewater Discharge Permit, shall be considered final administrative action for purposes of judicial review. Aggrieved parties seeking judicial review of the final administrative Industrial Wastewater Discharge Permit decision must do so by filing a complaint with a court of competent jurisdiction.

(8) Transferability. An Industrial Wastewater Discharge Permit is issued to a specific Industrial User for a specific operation. An Industrial Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new Industrial User, different premises, or a new or changed operation without the prior written approval of the City. Any succeeding owner shall comply with the terms and conditions of the existing permit until a new permit is issued. The Permittee shall notify the City at least thirty (30) days prior to any change of ownership. Failure to provide advance notice of a transfer or assignment renders the Industrial Wastewater Discharge Permit void as of the date of facility transfer and discharge of wastewater prohibited and shall be a violation of this Chapter.

(Ord. 2015-17, June 3, 2015) 

8-11-7. Industrial Wastewater Discharge Permit Conditions.

Industrial Wastewater Discharge Permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations, user charges and fees established by the City.

(1) Permits shall contain the following:

(a) A statement that indicates the permit’s issuance date, expiration date, and effective date;

(b) A statement on permit non-transferability;

(c) Limits on the average and/or maximum wastewater constituents and characteristics including, but not limited to, effluent limits, including Best Management Practices, based upon applicable Pretreatment Standards;

(d) Self-monitoring, sampling, reporting, notification and record-keeping requirements including, but not limited to, identification of the pollutants or BMPs to be monitored, sampling location, sampling frequency, and sample type, based on federal, state, and local law;

(e) Statements of applicable administrative, civil and criminal penalties for the violation of Pretreatment Standards and Requirements, the permit, this Chapter, and any applicable compliance schedule; and,

(f) Requirements to control and report any slug discharges and notify the City immediately of any changes at its facility affecting potential for a Spill or Slug Discharge and to notify the POTW immediately in the event of a Slug Discharge, spill, or accidental discharge to the POTW.

(2) Permits may also include, as appropriate:

(a) Applicable schedule of user charges and fees for the wastewater to be discharged into a public sewer;

(b) Limits on average and maximum rate and time of discharge or requirements for flow;

(c) Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(d) Best Management Practices (BMPs) to control specific pollutants as necessary to meet the objectives of this Chapter;

(e) Compliance Schedules;

(f) Requirements to apply for a new permit prior to expiration of the existing permit;

(g) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

(h) Closure requirements for permitted facilities undergoing partial or complete closure activities to ensure that closure activities are completed, wastes have been properly disposed of, and remaining access to sanitary and storm sewers are protected; and,

(i) Other terms and conditions as deemed appropriate by the Director to ensure compliance with all applicable local, state, and federal rules and regulations.

(Ord. 2015-17, June 3, 2015)

8-11-8. Industrial Wastewater Discharge Permit Modification.

The notification of an Industrial Wastewater Discharge Permit modification does not stay any wastewater discharge permit condition. The City may modify an Industrial Wastewater Discharge Permit for good cause, including, but not limited to, the following reasons:

(1) To incorporate any new or revised federal, state, or local Pretreatment Standards or Requirements or to reflect changes in applicable State or federal Standards;

(2) To address significant alterations or additions to the Industrial User’s operation, processes, or wastewater volume or character since the time of the Industrial Wastewater Discharge Permit issuance;

(3) A change in the POTW that requires either a temporary or permanent change in, reduction of, or elimination of the authorized discharge;

(4) Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters where the POTW discharges;

(5) Violation of any terms or conditions of the Industrial Wastewater Discharge Permit;

(6) Misrepresentations or failure to fully disclose all relevant facts and circumstances in the Industrial Wastewater Discharge Permit application or in any required reporting;

(7) To reflect a transfer of the facility ownership and/or operation to a new owner/operator;

(8) To correct typographical or other errors in the Industrial Wastewater Discharge Permit; or,

(9) Upon request of the Permittee, provided such request does not result in a violation of any applicable Pretreatment Standards or Requirements, or this Chapter.

(Ord. 2015-17, June 3, 2015)

8-11-9. Industrial Wastewater Discharge Permit Revocation.

A violation of the conditions of a permit or of this Chapter or of applicable State or federal regulations shall be reason for revocation of such permit by the City. Upon revocation of the permit, any wastewater discharge from the affected Industrial User shall be considered prohibited and discharge of such wastewater in violation of this Chapter. Grounds for revocation of a permit include, but are not limited to, one or more of the following:

(1) Failure of an Industrial User to accurately disclose or report the wastewater constituents and characteristics of any discharge;

(2) Failure of the Industrial User to report significant changes in operations or wastewater constituents and characteristics as required;

(3) Refusal of access to the Industrial User’s premises for the purpose of inspection or monitoring;

(4) Falsification of records, reports, or monitoring results;

(5) Tampering with monitoring equipment;

(6) Misrepresentation or failure to fully disclose all relevant facts and circumstances in the Industrial Wastewater Discharge Permit application;

(7) Failure to pay fines or penalties;

(8) Failure to pay sewer charges, surcharges, or pretreatment programs fees;

(9) Failure to meet compliance schedules;

(10) Failure to provide advance notice of the transfer of business ownership of a permitted facility.

(11) Failure to provide required reports, including but not limited to, a wastewater survey, baseline monitoring report, 90-day compliance report, permit application, self-monitoring report, or other permit required reports or notifications within the timeframe required by the City; or,

(12) Violation of any Pretreatment Standard or Requirement, or any terms of the Industrial Wastewater Discharge Permit or this Chapter.

(Ord. 2015-17, June 3, 2015)

8-11-10. Special Agreements and Contracts.

No statement contained in this Chapter shall be construed as prohibiting special written agreements between the City and any Industrial User allowing industrial waste or wastewater of unusual strength or character to be discharged to the POTW, provided said Industrial User compensates the City for any additional costs of treatment. Such agreement, however, shall not allow or cause:

(1) Any adverse effect to the POTW;

(2) A violation of the POTW UPDES permit;

(3) A violation of a General or Specific Prohibition;

(4) A Maximum Allowable Industrial Load (MAIL) to be exceeded;

(5) A violation of State or federal law or regulation; or,

(6) Provide any waiver to applicable Categorical Pretreatment Standard.

(Ord. 2015-17, June 3, 2015)

8-11-11. Recordkeeping.

(1) All Industrial Users shall retain, and make available for inspection and copying, all records, reports, monitoring or other data, applications, permits and all other information and documentation required by this Chapter including documentation associated with Best Management Practices.

(2) Industrial users shall retain such records and shall keep such records available for inspection for at least three (3) years. This recordkeeping period shall be extended automatically for the duration of any litigation concerning the Industrial User’s compliance with any provision of this Chapter, or when the Industrial User has been specifically and expressly notified of a longer records retention period by the Director.

(3) Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report by the City shall govern.

(Ord. 2015-17, June 3, 2015)

8-11-12. Confidentiality Information.

(1) All records, reports, data, and other information supplied by any person or Industrial User as a result of any disclosure required by this Chapter or information and data from inspections shall be available for public inspection except as otherwise provided in this Section, 40 CFR Section 403.14 and the Utah Government Records Access and Management Act (Utah Code Title 63G, Chapter 2).

(2) These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to, processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the Industrial User which is desired to be considered a trade secret shall have the words, “Confidential Business Information,” stamped on each page containing such information. The Industrial User must demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the Industrial User.

(3) Information designated as a trade secret pursuant to this Section shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees, or authorized representatives of the City charged with implementing and enforcing the provisions of this Chapter and properly identified representatives of the U.S. Environmental Protection Agency and the State of Utah and as required by law.

(4) Effluent data from any Industrial User, whether obtained by self-monitoring, monitoring by the City, or monitoring by any state or federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection as required by law.

(Ord. 2015-17, June 3, 2015)

8-11-13. Sample Collection and Analytical Methods.

(1) Sample Collection. Compliance determina-tions with respect to prohibitions and limitations in this Chapter may be made on the basis of either grab or composite samples of wastewater as specified by the City. Such samples shall be taken at a point or points which the City determines to be suitable for obtaining a representative sample of the discharge. Composite samples may be taken over a twenty-four (24) hour period, or over a longer or shorter time span, as determined by the City to meet specific circumstances.

(2) Sample Type. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, and based on data that is representative of conditions occurring during the reporting period.

(a) Except as indicated in subparagraphs (b) and (c) below, the Industrial User must collect representative wastewater samples using twenty-four (24) hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is required by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the permitted discharge.

(b) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composited samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous local limits, including pH.

(c) For sampling required in support of Baseline Monitoring and 90-day Compliance reports required in Section 8-11-15, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical representative sampling data do not exist. Where historical data are available, the City may authorize a lower minimum. The Industrial User is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements.

(3) Analytical Requirements. All pollutant analysis, including sampling techniques, to be submitted as part of an Industrial Wastewater Discharge Permit application, report, permit or other analyses required under this Chapter shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City or other parties approved by the EPA. All laboratory analyses shall be conducted by a laboratory certified by the Utah Bureau of Laboratory Improvements. If, for a specific pollutant, a laboratory is not certified, the City or Industrial User may use a non-certified laboratory after consultation with the Utah Department of Environmental Quality, Division of Water Quality.

(4) Records shall include for all samples:

(a) The date, exact place, method, and time of sampling and the name of the person(s) taking the samples;

(b) The date(s) and time analyses were performed;

(c) The name of the person performing the analyses;

(d) The analytical techniques/methods used, including method detection limits and QA/QC sample results;

(e) All chain-of-custody records; and,

(f) The results of such analyses.

(Ord. 2015-17, June 3, 2015)

8-11-14. Right of Entry.

(1) Whenever it shall be necessary for the purposes of this Chapter, the City may enter upon any Industrial User’s facility, property, or premises subject to this Chapter for the purposes of:

(a) Performing all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable Pretreatment Standards and Requirements by an Industrial User. Compliance monitoring and inspection shall be conducted at a frequency as determined by the City and may be announced or unannounced;

(b) Examining and copying any records required to be kept under the provisions of this Chapter or of any other local, state, or federal regulation;

(c) The City may take photographs and recordings in and out of any areas of the facility as deemed necessary for carrying out the duties of the industrial pretreatment program including, but not limited to, documentation of the industrial user’s compliance status and for reinforcement of required written reports. The industrial user shall be allowed to review copies of photographs and recordings for confidentiality claims.

(d) Inspecting any monitoring equipment or method, pretreatment system equipment, and/or operation;

(e) Sampling any discharge of wastewater into POTW; and

(f) Inspecting any production, manufacturing, fabricating or storage area where pollutants, regulated under this Chapter, could originate, be stored, or be discharged to the POTW.

(2) As a condition of issuance of an Industrial Wastewater Discharge Permit, the Industrial User impliedly consents to the City’s right of entry as described in this Section.

(3) The occupant of such property or premises shall render all proper assistance in such activities. Where an Industrial User has security measures in place which require proper identification and clearance before entry into its premises, the Industrial User shall make necessary arrangements with its security personnel so that authorized representatives of the City will be permitted to enter without delay to perform their specified functions.

(4) The Director and other duly authorized agents and employees of the City are entitled to enter all private properties through which the City or any connecting jurisdiction holds an easement or similar access or occupancy right.

(5) Failure to allow entry or unreasonable delays: In the event the City or other duly authorized representative of the City is refused admission or unreasonably delayed, such refusal or delay is a violation of this Chapter and may result in enforcement action as allowed for under this Chapter including revocation of the Industrial Wastewater Discharge Permit and/or physical termination of the discharge to the City.

(6) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the Industrial User at the written or verbal request of the Director or authorized designee and shall not be replaced. The costs of clearing such access shall be borne by the Industrial User.

(7) Search Warrants. If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, the Director may seek issuance of a search warrant from a Court of competent jurisdiction.

(Ord. 2015-17, June 3, 2015)

8-11-15. Reporting and Notification Requirements.

(1) Periodic Monitoring Reports – All Significant Industrial Users.

(a) Any Significant Industrial User or other Industrial User required by the City, subject to a federal, state, or City Pretreatment Standard or Requirement, must submit reports, at a frequency determined by the City but no less than once per six (6) months, indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards, and the average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practices (BMPs) or pollution prevention alternatives, the Industrial User must submit documentation required by the City or the Pretreatment Standard necessary to determine compliance status of the Industrial User. All industrial monitoring reports must be signed and certified in accordance with Section 8-11-15(8).

(b) All wastewater samples must be representative of the Industrial User’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an Industrial User to keep its monitoring facility in good working order shall not be grounds for the Industrial User to claim that the sample results are unrepresentative of its discharge.

(c) If an Industrial User monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using the methods and procedures prescribed in Section 8-11-13, the results of this monitoring shall be included in the report.

(d) The sampling and analyses required for the reporting outlined above may be performed by the City in lieu of the permittee. Where the City itself makes arrangements with the Industrial User to collect all the information required for the report, the Industrial User will not be required to submit the report.

(2) Baseline Monitoring Reports (BMR) – Categorical Industrial Users.

(a) Within either one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard, or the final administrative decision on a Category Determination under 40 CFR Section 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the City a report which contains the information listed in paragraph (b) below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable Categorical Pretreatment Standard, shall submit to the City a report which contains the information listed in paragraph (b) below. A New Source shall report the method of pretreatment it intends to use to meet applicable Pretreatment Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged from regulated process streams and other non-process streams.

(b) Industrial users described above shall submit the information set forth below.

(i) All information required in subsection 8-11-6(6).

(ii) Measurement of pollutants.

1. The Industrial User shall take a minimum of one (1) representative sample to compile the data necessary to comply with the requirements of this paragraph.

2. Samples shall be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the Industrial User shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 Section CFR 403.6(e) in order to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the City.

3. Sampling and analysis shall be performed in accordance with Section 8-11-13.

4. The City may allow the submission of a BMR which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

5. The BMR shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

6. Signature and Report Certification. All baseline monitoring reports must be signed in accordance with subsection 8-11-15(8) and signed by an Authorized Representative.

(3) 90-Day Compliance Reports – Categorical Industrial Users.

(a) New Sources: All New Sources subject to existing Categorical Pretreatment Standards shall submit a report to the City within ninety (90) days from the date of first discharge to the POTW demonstrating actual and continuing compliance with those Standards.

(b) Existing Sources: All Existing Sources required to comply with newly promulgated Categorical Pretreatment Standards shall submit a report to the City within ninety (90) days of the date on which compliance is required with those Standards demonstrating that actual and continuing compliance with such Standards has been achieved.

(c) Such 90-day Compliance Report shall contain at a minimum the information required in subsection 8-11-6(6) paragraphs (e), (f), (g), (j), (k), (l) and (m).

(4) 24 Hour Notice and 30 Day Re-sampling. If sampling performed by an Industrial User indicates a violation of this Chapter, the Industrial User shall notify the City within twenty-four (24) hours of becoming aware of the violation. The Industrial User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. The Industrial User is not required to resample if the following occurs:

(a) The City performs sampling at the Industrial User’s facility at a frequency of at least once per month.

(b) The City performs sampling at the Industrial User’s facility between the time when the Industrial User performs its initial sampling and the time when the Industrial User receives the results of this sampling. It is the sole responsibility of the Industrial User to verify if the City has performed this sampling.

(5) Slug and Spill Discharges – Notification and Plan Development.

(a) Each Industrial User shall provide protection from spills and slug discharges of pollutants regulated under this Chapter. Facilities to prevent the discharge of spills or slug discharges shall be provided and maintained at the Industrial User’s expense.

(b) Each permitted Industrial User shall report all spills to the City that occur within the boundaries of the User’s facility whether or not the spills result in a discharge to the POTW.

(c) The City shall evaluate whether each Significant Industrial User needs a Slug/Spill Discharge Control Plan or other action to control spills and slug discharges. The City may require an Industrial User to develop, submit for approval, and implement a Slug/Spill Discharge Control Plan or take such other action that may be necessary to control spills and slug discharges.

(d) A Slug/Spill Discharge Control Plan shall address, at a minimum, the following:

(i) Detailed plans (schematics) showing facility layout and plumbing representative of operating procedures;

(ii) Description of contents and volumes of any process tanks;

(iii) Description of discharge practices, including non-routine batch discharges;

(iv) Listing of stored chemicals, including location and volumes;

(v) Procedures for immediately notifying the City of any spill or Slug Discharge. It is the responsibility of the Industrial User to comply with the reporting requirements in subsection 8-11-15(6);

(vi) Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response; and,

(vii) Any other information as required by the City.

(e) Notice to employees. A notice shall be permanently posted on the Industrial User’s bulletin board or other prominent place advising employees who to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who work in any area where an accidental or slug discharge may occur or originate are advised of the emergency notification procedures.

(6) Reports of Potential Problems – Slug Discharges.

(a) In the case of any changes at its facility affecting potential for a Slug Discharge as defined in Section 8-11-1(35), the Industrial User shall immediately telephone and notify the City of the incident. This notification shall include:

(i) Name of the facility

(ii) Location of the facility

(iii) Name of the caller

(iv) Date and time of discharge

(v) Date and time discharge was halted

(vi) Location of the discharge

(vii) Estimated volume of discharge

(viii) Estimated concentration of pollutants in discharge

(ix) Corrective actions taken to halt the discharge

(x) Method of disposal if applicable

(b) Within five (5) working days following such discharge, the Industrial User shall, unless expressly waived by the City, submit a detailed written report that includes all of the information contained in paragraph (6)(a) above and any other information describing the cause(s) of the discharge and the measures to be taken by the Industrial User to respond to the discharge and to prevent similar future occurrences. Such notification shall not relieve the Industrial User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the Industrial User of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.

(7) Reports for Other Significant Industrial Users. If the City deems it necessary to assure compliance with provisions of this Chapter, any Industrial User of the POTW may be required to submit an Industrial Wastewater Discharge Permit application, questionnaire, or other reports and notifications in a format and timeframe as specified by the City.

(8) Signatory Certification. All reports and other submittals required to be submitted to the City shall include the following statement and signatory requirements.

(a) The Authorized Representative of the Industrial User signing any application, questionnaire, any report, or other information required to be submitted to the City must sign and attach the following certification statement with each such report or information submitted to the City.

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for knowing violations.”

(b) If the Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this Section and meeting the definition in subsection 8-11-15(8) must be submitted to the City prior to or together with any reports to be signed by an Authorized Representative.

(9) Compliance Schedules. Should any schedule of compliance be established in accordance with the requirements of this Chapter, the compliance schedule shall be as specified in subsection 8-11-6(6)(j).

(10) Change in Discharge or Operations.

(a) Every permitted Industrial User shall file a notification with the City a minimum of fourteen (14) days prior to any planned significant change in operations or wastewater characteristics. A significant change shall be a change equal to or greater than twenty percent (20%) in the mass of a pollutant or volume of flow discharged to the POTW. In addition, this notification shall include changes to:

(i) Adding or removing processing, manufacturing, or other production operations;

(ii) New pollutants used which might be discharged; and,

(iii) Changes in the listed or characteristic hazardous waste for which the Industrial User has submitted or is required to submit information to the City under this Chapter and UAC R317-8-8.11(14)(d).

(b) Known or anticipated facility closure. The Industrial User is required to notify the City at least thirty (30) days prior to facility shutdown or closure which might alter the character, nature, quality, or volume of its wastewater.

(11) Notification of the Discharge of Hazardous Waste.

(a) Any Industrial User shall notify the City, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under UAC R315-2. Such notification shall be made to the City and shall be in addition to any other notifications required in Section 8-11-15. Notification to the City shall be immediate and written notification no later than twenty-four (24) hours of becoming aware of the discharge. Such notification must include:

(i) The name of the hazardous waste as set forth at UAC R315-2;

(ii) The EPA hazardous waste number;

(iii) The type of discharge (continuous, batch, or other);

(iv) An identification of the hazardous constituents contained in the wastes;

(v) An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month;

(vi) An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months;

(vii) Certification that the Industrial User has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical; and,

(viii) Signatory certification as required by subsection 8-11-15(8).

(b) Any Industrial User shall notify the EPA Regional Waste Management Division Manager, and state hazardous waste authorities, in writing, of the discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under UAC R315-2 and meets the reporting criteria specified at R317-8-8.11(14)(d). Notification to the State and EPA is the responsibility of the Industrial User and shall be made as required under R317-8-8.11(14)(d). The Industrial User shall copy the City on all notifications made to the State and EPA.

(c) In the case of any new regulation adopted by EPA or the Utah Solid and Hazardous Waste Board identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the Industrial User must notify the City, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

(d) This provision does not create a right to discharge any substance not otherwise allowed to be discharged by this Chapter, a permit issued hereunder, or any applicable federal or state law.

(12) Requests for Information.

(a) A permittee shall furnish to the City, within the timeframe set by the Director, any information which the City may request to determine whether cause exists for modifying, revoking, reissuing, or terminating an Industrial Wastewater Discharge Permit, or to determine compliance with the Industrial Wastewater Discharge Permit or this Chapter. A permittee shall also, upon request, provide to the City, within the timeframe required by the Director, copies of any records that are required by the Industrial Wastewater Discharge Permit or this Chapter.

(b) When requested by the City, any Industrial User shall submit information to the Director regarding industrial processes, nature and characteristics of wastes and wastewaters generated at the industrial facility, method of disposal of wastes, or other information required by the Director to meet the responsibilities under this Chapter, UAC R317-8-8 and 40 CFR Part 403. Failure to provide information within the timeframe specified shall be a violation of this Chapter.

(Ord. 2015-17, June 3, 2015)

8-11-16. Sector Control Programs.

(1) General Requirements.

(a) Authority. The City may establish specific sector control programs for industrial users to control specific pollutants as necessary to meet the objectives of this Chapter. Pollutants subject to these sector control programs shall generally be controlled using Best Management Practices (BMPs).

(b) Facility Identification and Compliance. The City shall implement procedures to identify industrial users for inclusion into applicable sector control programs. Once identified and included into one or more sector control program, the facility shall be required to comply with the applicable sector control program requirements.

(c) Management Review. The City shall review new construction and existing facilities undergoing any physical change, change in ownership, change in operations, change in use, or other change that could change the nature, properties, or volume of wastewater discharge to ensure that current sector control program requirements are incorporated and implemented.

(d) The Industrial User shall notify the City in writing at least 30 days prior to:

(i) Sale or transfer of ownership of the business;

(ii) Change in the trade name under which the business is operated;

(iii) Change in the nature of the services provided that affect the potential to discharge sector control program pollutants; or,

(iv) Remodeling of the facility that may result in an increase in flow or pollutant loading or that otherwise requires the facility to submit plans or specifications for approval through theDepartment, or any other formal Tooele approval process.

(e) Inspections.

(i) The City may conduct inspections of any facility with or without notice for the purpose of determining applicability and/or compliance with sector control program requirements.

(ii) If any inspection reveals non-compliance with any provision of a sector control program requirement, corrective action shall be required pursuant to the applicable sector control program.

(iii) Inspection results will be provided in writing to the facility upon request.

(f) Closure. The City may require closure of plumbing, treatment devices, storage components, containments, or other such physical structures that are no longer required for their intended purpose. Closure may include the removal of equipment, filling in and/or cementing, capping, plugging, etc.

(g) Enforcement and Compliance.

(i) These requirements form a part of this Chapter. Enforcement of this regulation is governed by the express terms herein and the enforcement provisions of this Chapter.

(ii) Any extraordinary costs incurred by the City due to Interference, damage, Pass Through, or other violation of this Chapter, or maintenance necessary in the treatment and/or collection system shall be paid by the Industrial User to the City. The direct costs of all labor, equipment, and materials incurred in rectifying the Interference or damage, including reasonable attorney’s fees, shall be billed directly to the owner or the Industrial User by the City, and such costs shall become part of the total charges due and owing to the City and shall constitute a lien on the Industrial User until paid in full.

(2) Fats, Oils, and Grease (FOG) and Sand/Oil Separator Best Management Practices.

(a) Applicability: These Best Management Practices (BMP’s) establish requirements for any facility that has the potential to discharge Fats, Oils, and Grease (FOG). These pollutants contribute to sewer blockages, causing sanitary sewer overflows and backups into homes and businesses and increasing the costs to the City to maintain the collection lines. The requirements established in this BMP shall apply to industrial users where preparation, manufacturing, processing of food or washing/sanitizing of dishes or equipment occurs and includes, but are not limited to, restaurants, cafes, fast food outlets, pizza outlets, delicatessens, sandwich shops, coffee shops, schools, nursing homes, and other facilities that prepare, service, or otherwise make foodstuff available for consumption. These users shall install and maintain a Gravity Grease Interceptor (GGI) within ninety (90) days of being notified of such requirement.

(b) “Gravity Grease Interceptor” or “GGI” is an in-ground tank containing at least one baffle in which solids, greases, and oils are separated from wastewater, located outside the Industrial User’s building and made accessible by at least two manhole covers.

(c) “Hydromechanical Grease Interceptor” or “HMGI” or “grease trap” is a small device hooked directly to the outgoing drains of sinks located inside a commercial food preparation facility that allows for the separation of fats, oils, and grease of a non-petroleum nature from wastewater prior to being discharged into the POTW.

(d) A GGI that was legally and properly installed at an industrial user’s facility prior to the effective date of this Chapter shall be acceptable as an alternative if such device is effective in removing floatable and settleable material and is designed and installed is such a manner that it can be inspected and properly maintained. If the Director determines at any time that such GGI is incapable of adequately retaining the floatable and settleable material or if it was installed in such a manner that it cannot be inspected and properly maintained, the industrial user shall install a GGI that complies with all City codes within ninety (90) days after being notified in writing of such requirement.

(e) Implementation. These FOG require-ments may be implemented by letter, order, or permit.

(f) Variance.

(i) A variance as to the requirements may be granted by the Director in writing for good cause. The facility has the burden of proof of demonstrating through data and other information why a variance should be granted. In no case shall a variance result in violation of any Pretreatment Standard or Requirement specified in this Chapter and applicable to the discharge. The granting of any variance shall be at the sole discretion of the City and may be revoked at the sole discretion of the City. A variance decision is not a land use decision, does not involve a protected property right, and may not be appealed.

(ii) If a variance is granted, the facility shall institute Best Management Practices and other mitigation measures as specified by the Director. These BMPs may include, but not be limited to:

1. Allow the installation of a Hydromechanical Grease Interceptor (HMGI) or continue to allow the use of an HMGI in lieu of installing a GGI where the HMGI is shown to be effective. If a HMGI is not shown to be effective, the City may require the industrial user to install a GGI.

2. All sinks and drains which are connected to the sanitary sewer shall be equipped with a fixed or removable mesh or screen which shall catch garbage and food debris and prevent it from entering the sewer system.

3. Food grinders are prohibited unless the industrial user installs and properly operates a solids separator prior to discharge to the POTW.

4. Biological treatment or enzyme treatment shall not be used. Use of enzymes or other chemical or biological treatment or product that emulsifies or acts to emulsify FOG is prohibited.

5. An employee training program shall be instituted on a periodic basis and for all new employees on FOG waste management.

6. Provide quarterly cleaning of its private service line to prevent the buildup of oil, grease, and solids or as otherwise specified.

7. Submit records of the private service line cleaning as specified by the City.

8. Pay the costs incurred by the City or other jurisdiction for accelerated sewer line cleaning on the sewer line providing service to the POTW, costs to the City for treating the excess strength waste, and any costs for sampling and analysis. The City believes that these costs will be comparable to costs incurred by a user that installs and maintains a GGI.

(g) General Control Requirements.

(i) A GGI shall be required for the proper handling of liquid wastes which may be harmful to, or cause obstruction, in the wastewater collection system or cause or contribute to Pass Through or Interference.

(ii) It shall be the responsibility of the industrial user and owner of the property to contact the City for the purpose of obtaining a plan review. The plan review shall determine the need, size, location, and other requirements of the interceptor required to control discharges into the POTW. Written approval from the City must be obtained prior to installation of the interceptor. The review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Chapter.

(iii) The design and sizing of GGIs shall be in accordance with applicable City Building Codes and the latest International Building Code. The GGI shall be designed, sized, installed, maintained, and operated so as to accomplish the intended purpose of intercepting pollutants from the industrial user’s wastewater and preventing the discharge of such pollutants to the City’s wastewater collection system, including pollutants that result in toxic, noxious or malodorous conditions that create a public nuisance or unsafe working conditions which endanger life or the environment. .

(iv) A sampling manhole shall be installed for every GGI installed in Tooele City. The sampling manhole shall be placed on the outgoing lateral line of the interceptor prior to the sewer main line. The sampling manhole shall be placed within six (6) feet of the interceptor whenever possible and shall be extended to the finished grade. All interceptors shall have at least a four-inch (4”) inlet and a four-inch (4”) riser formed in the baffle. Interceptor manholes shall have lids which remain uncovered and unobstructed at all times, to enable inspection.

(v) Upon change of ownership of any existing facility which would be required to have an interceptor under this Chapter, the applicant for sanitary sewer service shall have the burden to demonstrate that a properly sized and functioning GGI is installed.

(vi) Toilets, urinals, and similar fixtures shall not waste through a GGI. Such fixtures shall be plumbed directly into the building sewer and waste system.

(vii) All sinks which are connected to a GGI shall be equipped with a fixed or removable mesh or screen which shall catch garbage and food debris and prevent it from entering the GGI. Food grinders are prohibited unless the industrial user installs and properly operates a solids separator prior to the GGI.

(viii) The Industrial User must ensure interceptors are easily accessible for inspection, cleaning, and removal of FOG.

(ix) The Industrial User must maintain interceptors at their expense and keep in efficient operating condition at all times by the regular removal of accumulated FOG.

(x) Each Industrial User shall submit a report/manifest/trip ticket to the POTW each time a GGI is cleaned, pumped or repaired, but in no case less frequently than once per quarter. This record shall include the date of cleaning, name of the company that serviced the GGI, the amount of waste that was removed, disposal location, and must be signed by the waste hauler. The removed contents from any GGI shall be disposed of in accordance with federal, state, and local regulations.

(h) Required Maintenance.

(i) GGIs shall be maintained by regularly scheduled cleaning so that they will properly operate as intended to efficiently intercept the fats, oils, and grease from the facility’s wastewater and prevent the discharge of said materials into the City’s wastewater collection system. A GGI shall be serviced at a minimum of every ninety (90) days. Interceptors must be cleaned whenever the combined thickness of the floating greases and settled solids is greater than 25% of the hydraulic working capacity of the GGI.

(ii) The City may require more frequent cleaning than that prescribed in paragraph (h)(i) above. A variance from the requirement in paragraph 6, a. may be obtained if the industrial user can demonstrate through analytical data that less frequent cleaning is sufficient.

(iii) Maintenance of grease interceptors shall be done only by a business/professional normally engaged in the servicing of such plumbing fixtures.

(iv) In the event a GGI is not properly maintained the City may authorize such maintenance work to be performed on behalf of the industrial user. The costs of such maintenance shall be billed directly to the tenant/owner and shall become part of the charges due and owing to the City and shall become part of the charges due and owned to the City. The tenants and owners shall be jointly and severally liable for these costs. All unpaid costs shall become a lien on the property.

(v) Biological treatment or enzyme treatment shall not be a substitute for the servicing of a GGI. Use of enzymes or other chemical or biological treatment or product that emulsifies or acts to emulsify FOG is prohibited.

(vi) The industrial user must document each pump-out with a waste manifest or trip ticket and these records submitted to the Director within 15 days of the pump-out. All records must be kept by the industrial user on site for at least three (3) years.

(vii) The Industrial User must take reasonable steps to assure that all waste is properly disposed of in accordance with federal, state, and local regulations (i.e. through a statement certifying proper disposal by the hauler included on the waste manifest or trip ticket for each load).

(Ord. 2015-17, June 3, 2015)

8-11-17. Compliance and Enforcement.

(1) Enforcement Response Plan. The City may adopt policies and procedures as set forth in the City’s Pretreatment Enforcement Response Plan for carrying out the provisions of this Chapter, provided that such policies and procedures are not in conflict with this Chapter or any applicable state or federal law or regulation.

(2) Publication of Industrial Users in Significant Noncompliance. The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice, a list of the Significant Industrial Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. In addition, any Industrial User found to be in Significant Noncompliance with paragraphs (c), (d) or (h) below shall also be published in the newspaper. The following criteria shall be used to define Significant Noncompliance:

(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits;

(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(c) Any other violation of a Pretreatment Standard or Requirement (daily maximum, long-term average, instantaneous limit, or narrative Standard) that the POTW determines has caused, alone or in combination with other discharges, Interference or Pass Through (including endangering the health of POTW personnel or the general public);

(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;

(e) Failure to meet, within ninety (90) days after the schedule date a compliance schedule milestone date contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(g) Failure to accurately report noncompliance; or,

(h) Any other violation or group of violations, which may include a violation of Best Management Practices, which the POTW determines may adversely affect the operation or implementation of the local pretreatment program.

(3) Administrative Enforcement Actions.

(a) Notice of Violation (NOV). Whenever the Director finds that an industrial user has violated or continues to violate, any provision of this Chapter, an Industrial Wastewater Discharge Permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may serve upon such industrial user a written Notice of Violation. Within five (5) working days of the receipt of such notice, an explanation of the violation and a plan for satisfactory correction and prevention of further violations shall be submitted to the Director. Submission of such a plan in no way relieves the industrial user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

(b) Administrative Order. When the City finds that an industrial user has violated, or continues to violate, any provision of this Chapter, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may issue an Administrative Order to the Industrial User responsible for the discharge directing that the industrial user come into compliance within a specific time. If the industrial user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the POTW. An Administrative Order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the Industrial User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user.

(c) Consent Order. The City may enter into a Consent Order, assurances of voluntary compliance, or other similar documents establishing an agreement with any industrial user responsible for noncompliance. Such documents shall include specific actions to be taken by the Industrial user to correct the noncompliance within a time period specified by the document. A Consent Order may include penalties, supplemental environmental projects, or other conditions and requirements as agreed to by the City and the industrial user. A Consent Order shall have the same force and effect as a Compliance Order and shall be judicially enforceable.

(d) Show Cause Hearing.

(i) The Director may order an industrial user which has violated, or continues to violate, any provision of this Chapter, an Industrial Wastewater Discharge Permit or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(ii) After the Director has reviewed the evidence, the Director may issue an order to the Industrial User responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate to correct the violation may be issued.

(e) Cease and Desist Order.

(i) When the Director finds that an industrial user has violated, or continues to violate, any provision of this Chapter, an Industrial Wastewater Discharge Permit or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the industrial user’s past violations are likely to recur, the Director may issue a Cease and Desist Order to the industrial user directing it to cease and desist all such violations and directing the industrial user to:

1. Immediately comply with all requirements; and,

2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(ii) Issuance of a Cease and Desist Order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user.

(f) Administrative Fines.

(i) When the Director finds that an industrial user has violated, or continues to violate, any provision of this Chapter, an Industrial Wastewater Discharge Permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may fine such industrial user in an amount not to exceed one thousand dollars ($1,000). Such fines shall be assessed on a per-violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(ii) Industrial users desiring to appeal such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Such notice or appeal shall set forth the nature of the order or determination being appealed, the date of such order or determination, the reason for the appeal, and request a hearing pursuant. Where a request has merit, the Director may convene a show cause hearing on the matter. In the event the Industrial User’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the industrial user.

(iii) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the industrial user.

(g) Suspension of Service.

(i) Endangerment to Health or Welfare of the Community: The City, through other than a formal notice to the affected industrial user, may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW of the City or any wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of the community.

(ii) Endangerment to Environment or Treatment Works: The City, after written notice to the discharger may halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW, wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever such discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW.

(iii) Any person notified of a suspension of the wastewater treatment service and/or the Industrial Wastewater Discharge Permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to individuals or the environment. The City may reinstate the Industrial Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge.

(iv) A detailed written statement submitted by the Industrial User describing the causes of the discharge and the measures taken to prevent any future occurrence shall be provided to the City within five (5) days of the date of occurrence. Suspension of Service shall not be a bar against, or a prerequisite for, taking any other action against the industrial user.

(h) Revocation of Industrial Wastewater Discharge Permit. An Industrial Wastewater Discharge Permit may be revoked by the City as specified in Section 8-11-9. Upon revocation of the permit, any wastewater discharge from the affected Industrial User shall be considered prohibited and discharge of such wastewater in violation of this Chapter.

(4) Administrative Appeals. Appeals of Administrative Enforcement Actions shall be to a Tooele Administrative Hearing Officer.

(5) Judicial Enforcement Remedies.

(a) Injunctive Relief. When the City finds that an industrial user has violated, or continues to violate, any provision of this Chapter, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the Industrial Wastewater Discharge Permit, order, or other requirement imposed by this Chapter on activities of an Industrial User. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the Industrial User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against an Industrial User.

(b) Civil Penalties.

(i) An Industrial User who has violated, or continues to violate, any provision of this Chapter, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the City for a maximum civil penalty not to exceed ten thousand dollars ($10,000) per day per violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.

(ii) The City may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

(iii) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against an industrial user.

(c) Civil/Administrative Fine Pass Through. In the event that an Industrial User discharges such pollutants which cause the City to violate any condition of its NPDES permit and the City is fined by the EPA or the State for such violation, then such industrial user shall be fully liable for the total amount of the fine assessed against the City by the EPA and/or the State and the City may use all legal means to collect such sums from the Industrial User.

(d) Criminal Penalties.

(i) An Industrial User that knowingly or recklessly violates any provision of this Chapter, any orders or an Industrial Wastewater Discharge Permit issued hereunder, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) for each violation and/or by imprisonment up to ninety (90) days.

(ii) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Chapter, or Industrial Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter, shall upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation and/or by imprisonment up to ninety (90) days.

(iii) The City may refer violations that may warrant criminal prosecution to the U.S. Attorney General’s Office, State Attorney General, EPA Criminal Investigation Division, or other appropriate agency. This referral shall not preclude the City from taking a parallel administrative or civil enforcement action.

(Ord. 2015-17, June 3, 2015)

8-11-18. Remedies Nonexclusive.

The remedies provided for in this Chapter are not exclusive of any other remedies that the City may have under the provisions of Utah law. The City may take any, all, or any combination of these actions against a noncompliant industrial user. Enforcement of violations under this Chapter will generally be in accordance with the City’s Pretreatment Enforcement Response Plan. However, the City may take any other action against an Industrial User when the circumstances warrant and may take more than one enforcement action against any non-compliant industrial user.

(Ord. 2015-17, June 3, 2015)

8-11-19. Regulation of Industrial Users from Outside Jurisdictions.

(1) Outside Jurisdictions and Inter-Governmental Agreements (IGA).

(a) In order for the City to effectively implement and enforce Pretreatment Standards and Requirements for all industrial users discharging to the POTW and as required by 40 CFR Section 403.8(f), the City may enter into Pretreatment inter-local agreements with contributing jurisdictions. Prior agreements shall be unaffected by these requirements until such time as the City determines that modifications are necessary.

(b) Prior to entering into an IGA under this Section the City shall seek to obtain the following information from the contributing jurisdiction(s):

(i) A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;

(ii) An inventory of all sources of Indirect Discharge located within the contributing jurisdiction that are discharging to the POTW; and

(iii) A requirement that the contributing jurisdiction submit an updated user inventory on at least an annual basis if such jurisdiction has non-domestic users;

(iv) A requirement that the contributing jurisdiction provide the City with access to all information that the contributing jurisdiction obtains regarding effluent quantity and quality from non-domestic users; and

(v) A report of any prior instances of Pass Through or Interference at the contributing jurisdiction POTW.

(vi) Other requirements as necessary for the City to guarantee the effective administration and enforcement of the Pretreatment Program.

(2) Industrial Users in Outside Jurisdictions with no IGA In-Place. Until such time as the City and a jurisdiction enter into an ILA for pretreatment program delegation, the City shall have the option to exercise any of the following options:

(a) Prohibit the discharge of non-domestic wastewater from an Industrial User located in another jurisdiction;

(b) Request the jurisdiction to issue a Permit or Order to the Industrial User that is equivalent to the Industrial Wastewater Discharge Permit and all Pretreatment Standards and Requirements required by the City; and,

(c) Enter into a contract with the Industrial User that binds the Industrial User to compliance with all Pretreatment Standards and Requirements in an Industrial Wastewater Discharge Permit issued by the City to the Industrial User.

8-11-20. Affirmative Defense - Prohibited Dis-charge Standards.

(1) An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the General Prohibitions in subsection 8-11-3(1) and the Specific Prohibitions in Section 8-11-3, paragraphs (b), (d), (e), (f), or (g) of this Chapter where the industrial user can demonstrate that:

(a) It did not know, or did not have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or Interference; and:

(i) A local limit designed to prevent Pass Through and/or Interference, as the case may be was developed for each pollutant in the industrial user’s discharge that caused Pass Through or Interference, and the industrial user was in compliance with each such local limit directly prior to and during the Pass Through or Interference; or

(ii) If a local limit designed to prevent Pass Through and/or Interference, as the case may be, has not been developed for the pollutant(s) that caused the Pass Through or Interference, the industrial user’s discharge directly prior to and during the Pass Through or Interference did not change substantially in nature or constituents from the user’s prior discharge activity when the POTW was regularly in compliance with the POTW’s NPDES permit requirements and, in the case of Interference, applicable requirements for sewage sludge use or disposal.

(Ord. 2015-17, June 3, 2015)

8-11-21. Severability.

If any part, section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Chapter. The City Council hereby declares that it would have passed the Chapter in each part, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid.

(Ord. 2015-17, June 3, 2015)

 

Click Here for a .pdf copy of Title8 Chapter11

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

 

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