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HomeMy WebLinkAbout2017-OR-31 SEWER USAGE AND PRETREATMENT i BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE IN THE STATE OF INDIANA ORDINANCE NO. 20152017-OR-31 AN ORDINANCE REPLACING ORDINANCE NO. 2010-OR-40, SEWER USE AND PRETREATMENT ORDINANCES FOR THE CITY OF JEFFERSONVILLE WHEREAS Ordinance No. 2010-OR-40 established uniform requirements for direct and indirect contributors into the Jeffersonville wastewater collection and treatment system POTW and enabled Jeffersonville("City")to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 as amended and the General Pretreatment Regulations 40 CFR Part 403 as amended; WHEREAS the permitted and allowable discharges have changed pursuant to the mandates and dictates of the United States Federal government since the passage of the above referenced ordinances; WHEREAS in order to continue to comply with the mandates of Federal Law the City Council hereby repeals the above ordinances and adopts the revised Sewer Use and Pretreatment Ordinance described hereto; WHEREAS this Ordinance sets forth the Sewer Use and Pretreatment Requirements, 2011-OR-73 sets forth the Sewer Use Rates and Capacity Fees for the City of Jeffersonville, Indiana THEREFORE BE IT ORDAINED THAT the Jeffersonville Common Council hereby repeals the above Ordinance and specifically replaces it with the following Section 50.01-GENERAL PROVISIONS A. Purpose and Policy This Ordinance sets forth uniform requirements for Users of the Publicly Owned Treatment Works for the City of Jeffersonville 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.) and the General Pretreatment Regulations(Title 40 of the Code of Federal Regulations[CFR] Part 403). The objectives of this Ordinance are: 1. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation; 2. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works; 3. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; 4. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works; Page 1 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i NOW THEREFORE, BE IT HEREBY FURTHER ORDAINED that the Sewer Use and Pretreatment Standards and Limitations herein set forth shall become effective on the first day of the month occurring after the final adoption of this Ordinance. Passed this le) _day of Ju , 2017 VOT D OR: VOTED AGAINST: PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Clark County, Indiana upon this 10 day of ,-'U I ,241-52017. Lisa bill, President XA —EST- Vicki Conlin, Clerk City of Jeffersonville ENTED by me to the Mayor of the City of Jeffersonville, Indiana upon this day of 24452017. Vicki Conlin, Jerk City of Jeffersonville Signed and Approved by me upon this day of 017• Mayor Page 41 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 5. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and 6. To enable the City of Jeffersonville to comply with its National Pollutant Discharge Elimination System permit conditions,sludge use and disposal requirements,and any other Federal or State laws to which the Publicly Owned Treatment Works is subject. This Ordinance shall apply to all Users of the Publicly Owned Treatment Works. The Ordinance authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures,and requires User reporting. B. Administration Except as otherwise provided herein, the Utility Director shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the Supra Uti 1 ly- Director may be delegated by the Utility r-ee -r to that individual to a duly authorized City employee. C. Abbreviations The following abbreviations,when used in this Ordinance, shall have the designated meanings: BOD — Biochemical Oxygen Demand BMP — Best Management Practice BMR — Baseline Monitoring Report CFR — Code of Federal Regulations COD — Chemical Oxygen Demand EPA — U.S. Environmental Protection Agency FOG Fats, gpd — gallons per day IU — Industrial User mg/L — milligrams per liter NPDES — National Pollutant Discharge Elimination System POTW — Publicly Owned Treatment Works RCRA — Resource Conservation and Recovery Act SIU — Significant Industrial User SNC — Significant Noncompliance TSS — Total Suspended Solids U.S.C. — United States Code D. Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Ordinance, shall have the meanings hereinafter designated. 1. Act or"the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq. 2. Approval Authority. The Regional Administrator, U.S. EPA, Region 5, 77 W. Jackson Blvd., Chicago, IL 60604-3590 Page 2 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 3. Authorized or Duly Authorized Representative of the User. (a) If the User is a corporation: (1) 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 (2)The manager of one or more manufacturing,production,or operating facilities,provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (b) If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively. (c) If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility,or their designee. (d)The individuals described in paragraphs(1)through(3),above,may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. 4. Best Management Practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 50.02 A.1 and 2. [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits-1 5. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration(e.g., mg/L). 6. Board of Public Works(BPW). The duly appointed Board of Public Works and Safety of the City of Jeffersonville, Indiana. 7. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act(33 U.S.C. section 1317)that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 8. Categorical Industrial User. An Industrial User subject to a categorical Pretreatment Standard or categorical Standard. Page 3 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 9. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. 10. City. The City of Jeffersonville, Indiana, or the Jeffersonville Board of Public Works and Safety, or the Jeffersonville Sanitary Sewer Board,and/or their authorized representative(s). 11. City Engineer. The duly-appointed City Engineer of the City of Jeffersonville, Indiana or the City Engineer's authorized deputy, agent, or representative. 12. Combined Sewer. A collection line of the POTW which is designed to and receives both sewage and storm or surface water. 13. Conventional pollutants[40 CFR 401.161. Pollutants typical of municipal sewage, and for which municipal secondary treatment plants are typically designed EPA has pursuant to section 304(a) of the CWA identified BODS total suspended solids(TSS) fecal coliform bacteria,oil and grease and pH as conventional pollutants. Compatible Pollutant. BOD, suspended solids, pH, feeal eeliferm baeteria and sa additional for- its POVAI, if the POT-W is designed and used tO Feduce or-r-emove the Pollutants to the degree- 14. Composite Sample. A sample containing a minimum of eight discrete samples taken at equal time intervals over the composition period and proportional to the flow rate over the composition period. 15. Control Authority. The City. 16. Cooling Water. Water discharged from a use,e.g. air conditioning,cooling or refrigeration,during which the only pollutant added to the water is heat. 17. Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day. 18. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. 19. Domestic Waste. Liquid waste from the non-commercial preparation,cooking or handling of food, or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial and industrial facilities and institutions. 20. Easement. An acquired legal right for the specific use of land owned by another. 21. Environmental Protection Agency or EPA. The U.S.Environmental Protection Agency or,where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency. 22. Existing Source. Any source of discharge that is not a"New Source." 23. Garbage. Any solid wastes from the preparation,cooking or dispensing of food and from handling, storage or sale of produce. Page 4 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 24. Grab Sample. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen(15)minutes. 25. Grease Interceptor. An interceptor whose rated flow is 50 gpm or less and is typically located inside the building. 26. Grease Trap. An interceptor whose rated flow exceeds 50 gpm and is typically located outside the building. Pollutant.26. ineompatible All pelltitantS OtheF than these defined in this OFdifianee as« 27. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic source. 28. Industrial Discharge Permit. A permit issued by the Control Authority to an industry to permit the deposit or discharge of industrial wastewater into the POTW. 29. Industrial User or IU. Any HSeF of the POTW that source of industrial discharge as defined herein. 30. Industrial Waste. Liquid waste resulting from the processes employed in industrial, manufacturing,trade or business establishments as opposed to domestic waste, defined herein. 31. Interceptor. A device designed and installed to separate and retain for removal, by automatic or manual means, deleterious, hazardous or undesirable matter from normal waste, while permitting normal sewage or waste to discharge into the sewer system by gravity. 32. Interference. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act(RCRA);any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;the Clean Air Act;the Toxic Substances Control Act;and the Marine Protection,Research,and Sanctuaries Act. 33. Local Limit. Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)and(b). 34. Medical Waste. Isolation wastes, infectious agents, human blood and blood products,pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. 35. Monthly Average. The sum of all "daily discharges" measured during a calendar month divided by the number of"daily discharges"measured during that month. Page 5 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 36. Monthly Average Limit. The highest allowable average of "daily discharges" over a calendar month,calculated as the sum of all"daily discharges"measured during a calendar month divided by the number of"daily discharges"measured during that month. 37. National Pollutant Discharge Elimination System or NPDES. The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, contiguous zone and the oceans pursuant to section 402 of the Act. 38. New Source. (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 that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that: (1) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an Existing Source; or (3) 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 paragraph (a)(2) or (3) above 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: (1) Begun, or caused to begin, as part of a continuous onsite construction program (i)any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment;or (2) 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. 39. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product,waste product, or finished product. 40. Pass Through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which,alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation. Page 6 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 41. Person. Any individual, partnership, co-partnership, firm, company, corporation, association,joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. 42. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units. 43.Pollutant. Dredged spoil,solid waste,incinerator residue,filter backwash,sewage,garbage,sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes,and certain characteristics of wastewater(e.g.,pH,temperature,TSS,turbidity,color, BOD, COD,toxicity, or odor). 44. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes;by process changes;or by other means,except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard. 45. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard. 46. Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited discharge standards, categorical Pretreatment Standards,and Local Limits. 47. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances;these prohibitions appear in Section 50.02A. of this Ordinance. 48. Publicly Owned Treatment Works or POTW. A treatment works, as defined by section 212 of the Act(33 U.S.C. section 1292),which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. 49. Sanitary Sewer. A sewer collection line that carries sewage from residences, commercial and industrial facilities and institutions together with a minor amount of ground, storm and/or surface water that is not intentionally admitted to the line. 50. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks. 51. Sewage. Human excrement and gray water(household showers, dishwashing operations,etc.). 52. "Shall' is mandatory; "May" is permissive. 53. Significant Industrial User(SIU). A Significant Industrial User is: (a)An Industrial User subject to categorical Pretreatment Standards; or (b)An Industrial User that: Page 7 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i (1) Discharges an average of twenty-five thousand(25,000)gpd or more of process wastewater to the POTW(excluding sanitary, noncontact cooling and boiler blowdown wastewater); (2) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (3)Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement. 54. Significant Noncompliance. Any Significant Industrial User(or any Industrial User in specifically defined instances)that meet the criteria of Section 50.16 of this Ordinance 55. Sludge. Any solid,semi-solid,or liquid waste generated from the POTW,or any other waste having similar characteristics and effects as defined in standards issued under Sections 402 and 405 of the Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act, Public Law 94-580. 56. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration,which could cause a violation of the prohibited discharge standards in Section 50.02A. of this Ordinance. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or Permit conditions. 57. Storm Drain or Storm Sewer. A sewer which carries storm and surface waters, and drainage, but not sewage or industrial wastes, other than unpolluted cooling water. 58. Stormwater. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. 59. Total Suspended Solids or Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering. 60. Toxic Amount. Concentrations of any Pollutant or combination of Pollutants that upon exposure to any organism will cause an adverse effect on the organism including but not limited to cancer, genetic mutations and other physiological or psychological manifestations, as defined in standards issued pursuant to Section 307(a)of Public Law 95-217. 61. Toxic Pollutants. Those substances referred to in Section 307(a) of the Act as well as any other known substances potentially capable of producing toxic effects. 62. User or Industrial User. A source of indirect discharge. 63. Utility Director. The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Ordinance. The term also means a Duly Authorized Representative of the Utility Director. 64. Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated,which are contributed to the POTW. Page 8 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 65. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. SECTION 50.02-GENERAL SEWER USE REQUIREMENTS A. Prohibited Discharge Standards 1. General Prohibitions. No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements. 2. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (a) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21; (b) Wastewater having a pH less than 6.0 or more than 11.0 standard units, or otherwise causing corrosive structural damage to the POTW or equipment; (c) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half inch(1/2")in any dimension; (d)Pollutants,including oxygen-demanding pollutants(BOD,etc.),released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW; (e)Wastewater having a temperature greater than 150 degrees F(65 degrees C),or which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C); (f) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through; (g) Total;fat, wax, grease or oil concentrations of more than 100 mg/L, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 320 and 150°F(00 and 65°C)at a point of discharge into the sewer system. (h) 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; (i) Trucked or hauled pollutants, except at discharge points designated by the Utility Director in accordance with Section 50.l OD. of this Ordinance; (j) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; Page 9 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i (k)Wastewater which imparts color which cannot be removed by the treatment process,such as,but not limited to,dye wastes and vegetable tanning solutions,which consequently imparts color to the treatment plant's effluent,thereby violating the City's NPDES permit; (1) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; (m)Storm Water,surface water,ground water,artesian well water,roof runoff,subsurface drainage, swimming pool drainage, condensate, deionized water, Noncontact Cooling Water, and unpolluted wastewater, unless specifically authorized by the Utility Director; (n) Sludges, screenings,or other residues from the pretreatment of industrial wastes; (o) Medical Wastes, except as specifically authorized by the Utility Director in an individual wastewater discharge permit; (p)Wastewater causing,alone or in conjunction with other sources,the treatment plant's effluent to fail toxicity test; (q)Detergents,surface-active agents,or other substances which that might cause excessive foaming in the POTW; (r)Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW,or at any point in the POTW,of more than five percent(5%)or any single reading over ten percent(10%)of the Lower Explosive Limit of the meter. Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the POTW. B. National Categorical Pretreatment Standards Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. 1. Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater,the Utility Director may impose equivalent concentration or mass limits in accordance with Section 50.0213.4 and 5. 2. When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production,the Utility 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. 3. When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Utility Director shall impose an alternate limit in accordance with 40 CFR 403.6(e). 4. When a categorical Pretreatment Standard is expressed only in terms of pollutant concentrations,an Industrial User may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Utility Director. The City may establish equivalent mass limits only if the Industrial User meets all the conditions set forth in Sections 50.02134(a)(1)through(5)below. Page 10 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i (a) To be eligible for equivalent mass limits,the Industrial User must: (1) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit; (2) Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical Pretreatment Standard, and not have used dilution as a substitute for treatment; (3) Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions; (4) Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and (5) Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the Industrial User's request for equivalent mass limits. (b)An Industrial User subject to equivalent mass limits must: (1) Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits; (2) Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device; (3) Continue to record the facility's production rates and notify the Utility Director whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in paragraph (c)(1) of this Section. Upon notification of a revised production rate, the Utility Director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and (4) Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to paragraphs 4(a)(1)of this Section so long as it discharges under an equivalent mass limit. (c) When developing equivalent mass limits,the Utility Director: (1) Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es)of the Industrial User by the concentration-based Daily Maximum and Monthly Average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor; (2) Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and (3) May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the Industrial User's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies,and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 50.02 F. The Industrial User must also be in compliance with Section 50.20C regarding the prohibition of bypass. 5. Once included in its permit, the Industrial User must comply with the equivalent limitations developed in this Section 50.02B. in lieu of the promulgated categorical Standards from which the equivalent limitations were derived. Page 1 I of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 6. Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or 4-day average, limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation. 7. Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Utility 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 User not notifying the Utility Director of such 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. C. State Pretreatment Standards Users must comply with State Pretreatment Standards codified at 327 IAC 5-16 through 21. D. Local Limits 1. The Utility Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c). 2. The following pollutant limits are established to protect against Pass Through and Interference. No person shall discharge wastewater containing in excess of the following Daily Maximum Limit: Parameter Daily Maximum, m Downtown WWTP North WWTP Ammonia-N 15* 15* Arsenic 0.65 0.62 Cadmium 0.05 0.02 BODS 235* 235* Chromium, Total 2.08 2.08 Copper 0.54 1.37 Cyanide 0.10 0.04 Lead 0.15 0.15 Mercury 0.0015 0.0015 Nickel 2.16 1.89 Oil &Grease 100 100 Phos horns-P 25.0 25.0 Selenium 6.49 0.23 Silver 0.36 0.36 TSS 240* 240* Zinc 0.74 1.95 *The Daily Maximum values are the maximum allowable concentration that will be allowed to discharge into the POTW, except for BOD, TSS, and Ammonia-N. No discharge may be allowed above these limits. SIU's with a discharge concentration i-s-above the limits for BOD, TSS, and Ammonia-N will be surcharged as follows: BODS in excess of 235 mg/L, TSS in excess of 240 mg/L,and ammonia-nitrogen in excess of 15 mg/L.These discharges will also be subject to a loading based limitation based on POTW treatability and SIU flow factors. Surcharge limitation shall -be applied in accordance with the City's current Sewer Use Rate Ordinance. The fees collected from Page 12 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i these surcharges shall be deposited into a separate account to be used to increase the organic loading capacity of the POTWs. The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Utility Director may impose mass limitations in addition to the concentration-based limitations above. E. City's Right of Revision The City reserves the right to establish, by Ordinance or in individual wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this Ordinance. The Utility Director may also establish Best Management Practices (BMPs) by Ordinance or in individual wastewater discharge permits. If BMPs are utilized by the Utility Director in this manner, the BMPs are considered an enforceable local limit subject to the same requirements and conditions of this Ordinance. F. Dilution No User shall ever increase the use of process water,or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. The Utility Director may impose mass limitations on Users who are using dilution to meet applicable Pretreatment Standards or Requirements,or in other cases when the imposition of mass limitations is appropriate. SECTION 50.03- Connection to POTW Required I. The owner of any property used for human occupancy, employment, recreation, or other purposes within the Control Authority's jurisdiction must install suitable sewage waste facilities therein. 2. The owner of any property used for human occupancy, employment, recreation, or other purpose, situated within 300 feet of one of the City's public sanitary or combined sewer lines, must connect sewage waste facilities required by Section 50.03(1) and IC 36-9-23-30 above, directly with the proper POTW collection line within 90 days after the Control Authority gives the Owner written notice to do so, in accordance with the provisions of this Ordinance11.A11. 3. Any property not connected to the POTW within 90 days after the date the Control Authority gives the Owner written notice to do so, may be declared a public nuisance by the Jeffersonville Sanitary Sewer Board, the Jeffersonville Board of Public Works, or a court of competent jurisdiction. The public nuisance may be abated, and the Owner fined or otherwise punished, under the penalties that are presently provided for the public nuisances in the Jeffersonville Ordinances,in IC 36-9-23-30 or under applicable case law. SECTION 50.04-Private Sewage Disposal Systems A. If the sewer service is not available under the provisions of section 50.03, the property's sewage facilities must be connected to a Private Sewage Disposal System complying with the provisions of this section. Page 13 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.doex i B. If construction is required and before commencement of construction of a Private Sewage Disposal System (PSDS), the Owner must first obtain a written permit from the Clark County Health Department.. C. The type, capacity, location, and layout of a Private Sewage Disposal System must comply with all recommendations of the State and County Boards of Health. No septic tank or cesspool may discharge to any natural outlet.The Owner must operate and maintain the PSDS in a sanitary manner at all times.No statement contained in this section may be construed to interfere with any additional requirements that the State or County Health Boards may impose. D. When sanitary sewer service becomes available to a property served by Private Sewage Disposal System, the Owner must make a direct connection to the sewer within 90 days after the Control Authority gives the Owner written notice to do so. Immediately after the connection to the POTW, any septic tanks,cesspools,or similar private sewage disposal facilities must be abandoned,cleaned of sludge and filled with the clean bank-run gravel or dirt. BUILDING SEWERS SECTION 50.05-Applications and Inspections A. An Owner must apply to the City at the Office of the Wastewater Department, or such other office as is designated by the Utility Director for a permit to connect to the City Sewer System.At the time the Owner applies for the connection, the Owner must pay the City a Capacity Fee at the currently established rate, as well as an inspection fee for the property on which the proposed building or facility will be located. B. The permit application must be supplemented with any plans, specifications or other information considered pertinent in the judgment of the Utility Director or the Inspector assigned to the application. C. If the initial inspection reveals that the connection to the POTW is not in compliance with this Ordinance, the Construction Standards, or any other applicable laws, regulations, or requirements, the Owner must correct the deficiencies in the connection and request an additional inspection. D. The Owner must pay the City a re-inspection fee in advance of the re-inspection. SECTION 50.06- Costs and Expenses of Installation and Connection of Building Sewer; Indemnification The Owner bears all costs and expenses incident to the installation, connection, and maintenance of the building or facility to the POTW. The Owner must indemnify the City and hold it harmless from any loss or damage directly or indirectly caused by the Owner's installation of the connection to the POTW. Page 14 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i SECTION 50.07- Separate Connection to Sewer Required A. Each building or facility shall be provided a separate connection to the POTW and have a backflow valve. B. Upon the Owner's request,the Utility Director may allow two buildings to share a connection to the POTW if one building stands at the rear of another on an interior lot and the Owner cannot construct a connection to the rear of the building through an adjoining alley, courtyard or driveway. C. The City does not assume any responsibility for damage caused by or resulting from the use of a common connection to the POTW by two or more buildings. D. Any new construction or reconstruction within the combined sewer service area shall include separate connections to the combined sewer for sanitary wastewater and stormwater/groundwater to facilitate disconnection if a separate storm sewer becomes available. SECTION 50.08-Use of Old Building Sewers with New Buildings A. Upon demolition of any structure that is connected to the POTW, the connection line must be permanently watertight capped and marked for identification by taping a length of brightly colored plastic rope to the end of the connection line and extending the rope through the backfill to the surface of the ground. B. The Owner of the demolished structure must notify the City of the location of the capped connection line at least twenty-four(24)hours in advance of the completion of the demolition and capping. C. If the connection to the POTW used by a previously existing structure has not been used for six(6) months, a new structure may not use that connection. D. Within six(6)months of the termination of use of a sewer connection line,the Owner may reconnect a structure to the line if the City inspects and tests the line (after the Owner properly requests inspection and pays applicable Capacity and Inspection fees)and finds the line acceptable provided that the lateral connection meets the requirements in the City Construction Standards including a backflow valve at the property line. SECTION 50.09- Specifications for Construction Please refer to the most current construction standards as adopted by the Jeffersonville Sanitary Sewer Board. SECTION 50.10—PRETREATMENT OF WASTEWATER A. Pretreatment Facilities Users shall provide wastewater treatment as necessary to comply with this Ordinance and shall achieve compliance with all categorical Pretreatment Standards,Local Limits,and the prohibitions set out in Section 50.02 A. of this Ordinance within the time limitations specified by EPA, the State, or the Utility Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and Page 15 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i maintained at the User's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Utility Director for review, and shall be acceptable to the Utility Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Ordinance. B. Additional Pretreatment Measures 1. Whenever deemed necessary,the Utility Director may require Users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific 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 determine the User's compliance with the requirements of this Ordinance. 2. The Utility Director may require any person 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 individual wastewater discharge permit may be issued solely for flow equalization. 3. Grease,oil,and sand interceptors shall be provided when, in the opinion of the Utility Director,they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand;except that such interceptors shall not be required for residential users. All interceptor units shall be of a type and capacity approved by the Utility Director, shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the User at their expense. Please refer to the City of Jeffersonville's construction standards for proper sizing, maintenance and recordkeeping in regards to grease interceptors. 4. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. C. Accidental Discharge/Slug Discharge Control Plans The Utility Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control Slug Discharges. The Utility Director may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Utility Director may develop such a plan for any User. An accidental discharge/slug discharge control plan shall address, at a minimum,the following: 1. Description of discharge practices, including non-routine batch discharges; 2. Description of stored chemicals; 3. Procedures for immediately notifying the Utility Director of any accidental or Slug Discharge, as required by Section 50.13F. of this Ordinance; and 4. 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. Page 16 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i D. Hauled Wastewater 1. Septic tank waste may be introduced into the POTW only at locations designated by the Utility Director, and at such times as are established by the Utility Director. Such waste shall not violate Section 50.02 of this Ordinance or any other requirements established by the City. The Utility Director may require septic tank waste haulers to obtain individual wastewater discharge permits. 2. The Utility Director may require haulers of industrial waste to obtain individual wastewater discharge permits. The Utility Director may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The Utility Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Ordinance. 3. Industrial waste haulers may discharge loads only at locations designated by the Utility Director. No load may be discharged without prior consent of the Utility Director. The Utility Director may collect samples of each hauled load to ensure compliance with applicable Standards. The Utility Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. 4. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. SECTION 50.11—INDIVIDUAL WASTEWATER DISCHARGE PERMITS A. Wastewater Analysis When requested by the Utility Director,a User must submit information on the nature and characteristics of its wastewater within thirty(30)days of the request. The Utility Director is authorized to prepare a form for this purpose and may periodically require Users to update this information. B. Individual Wastewater Discharge Permit Requirement 1. No Significant Industrial User shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Utility Director,except that a Significant Industrial User that has filed a timely application pursuant to Section 50.11 C. of this Ordinance may continue to discharge for the time period specified therein. 2. The Utility Director may require other Users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this Ordinance. 3. Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 50.17 through 50.20 of this Ordinance. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local law. Page 17 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i C. Individual Wastewater Discharge Permitting: Existing Connections Any User required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Utility Director for an individual wastewater discharge permit in accordance with Section 50.1 1E. of this Ordinance, and shall not cause or allow discharges to the POTW to continue after thirty(30)days of the effective date of this Ordinance except in accordance with an individual wastewater discharge permit issued by the Utility Director. D. Individual Wastewater Discharge Permitting: New Connections Any User required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with Section 50.1 1E. of this Ordinance, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence. E. Individual Wastewater Discharge Permit Application Contents 1. All Users required to obtain an individual wastewater discharge permit must submit a permit application. The Utility Director may require Users to submit all or some of the following information as part of a permit application: (a) Identifying Information. (1) The name and address of the facility, including the name of the operator and owner. (2) Contact information, description of activities, facilities, and plant production processes on the premises; (b) Environmental Permits. A list of any environmental control permits held by or for the facility. (c) Description of Operations. (1) A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s)carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes. (2) Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; (3) Number and type of employees, hours of operation, and proposed or actual hours of operation; (4) Type and amount of raw materials processed(average and maximum per day); (5) Site plans,floor plans,mechanical and plumbing plans,and details to show all sewers,floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (d) Time and duration of discharges; (e) The location for monitoring all wastes covered by the permit; (f) Flow Measurement. Information showing the measured 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 waste stream formula set out in Section 50.02132. (40 CFR 403.6(e)). Page 18 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i (g) Measurement of Pollutants. (1) The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources. (2) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Utility Director, of regulated pollutants in the discharge from each regulated process. (3) Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where required, shall be reported. (4) The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 50.13K of this Ordinance. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Utility Director or the applicable Standards to determine compliance with the Standard. (5) Sampling must be performed in accordance with procedures set out in Section 50.13K of this Ordinance. (h) Any other information as may be deemed necessary by the Utility Director to evaluate the permit application. 2. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision. F. Application Signatories and Certifications 1. All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 50.13N. 2. If the designation of an 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 written authorization satisfying the requirements of this Section must be submitted to the Utility Director prior to or together with any reports to be signed by an Authorized Representative. G. Individual Wastewater Discharge Permit Decisions The Utility Director will evaluate the data furnished by the User and may require additional information. Within thirty (30) days of receipt of a complete permit application, the Utility Director will determine whether to issue an individual wastewater discharge permit. The Utility Director may deny any application for an individual wastewater discharge permit. The Utility Director may deny or condition new or increased industrial contributions, based on information or lack thereof in a permit application. SECTION 50.12—INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE A. Individual Wastewater Discharge Permit Duration An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five(5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a Page 19 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i period less than five(5)years,at the discretion of the Utility Director. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. B. Individual Wastewater Discharge Permit Contents An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Utility Director to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent,protect worker health and safety, facilitate sludge management and disposal,and protect against damage to the POTW. 1. Individual wastewater discharge permits must contain: (a) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date; (b)A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 50.12E of this Ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (c) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards; (d) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law. (e) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements,and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. (f) Requirements to control Slug Discharge, if determined by the Utility Director to be necessary. 2. Individual wastewater discharge permits may contain, but need not be limited to, the following conditions: (a)Limits on the average and/or maximum rate of discharge,time of discharge,and/or requirements for flow regulation and equalization; (b) 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; (c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated,or non-routine discharges; (d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (e) The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW; Page 20 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i (f) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices; (g) A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit; and (h) Other conditions as deemed appropriate by the Utility Director to ensure compliance with this Ordinance,and State and Federal laws,rules, and regulations. C. Permit Issuance Process 1. Public Notification. The Utility Director will publish in newspaper(s) of general circulation that provides meaningful public notice with the jurisdictions) served by the POTW, or on a Web page, a notice to issue a pretreatment permit, at least fifteen (15) days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted. 2. Permit Appeals. The Utility Director shall provide public notice of the issuance of an individual wastewater discharge permit. Any person, including the User, may petition the Utility Director to reconsider the terms of an individual wastewater discharge permit within fifteen(15)days of notice of its issuance. (a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. (b) In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit. (c) The effectiveness of the individual wastewater discharge permit shall not be stayed pending the appeal. (d) If the Utility Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. (e) Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the Clark County Circuit Court within thirty(30)days. D. Permit Modification 1. The Utility Director may modify an individual wastewater discharge permit for good cause, including, but not limited to,the following reasons: Page 21 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i (a) To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements; (b)To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance; (c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; (d) Information indicating that the permitted discharge poses a threat to the City's POTW, Jeffersonville personnel, or the receiving waters; (e)Violation of any terms or conditions of the individual wastewater discharge permit; (f)Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (f) Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13; (h)To correct typographical or other errors in the individual wastewater discharge permit; or; (i) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 50.12E. E. Individual Wastewater Discharge Permit Transfer Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Utility Director and the Utility Director approves the individual wastewater discharge permit transfer. The notice to the Utility Director must include a written certification by the new owner or operator which: 1. States that the new owner and/or operator have no immediate intent to change the facility's operations and processes; 2. Identifies the specific date on which the transfer is to occur; and 3. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit. Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer. F. Individual Wastewater Discharge Permit Revocation The Utility Director may revoke an individual wastewater discharge permit for good cause, including, but not limited to,the following reasons: 1. Failure to notify the Utility Director of significant changes to the wastewater prior to the changed discharge; Page 22 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 2. Failure to provide prior notification to the Utility Director of changed conditions pursuant to Section 50.13E of this Ordinance; 3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; 4. Falsifying self-monitoring reports and certification statements; 5. Tampering with monitoring equipment; 6. Refusing to allow the Utility Director timely access to the facility premises and records; 7. Failure to meet effluent limitations; 8. Failure to pay fines; 9. Failure to pay sewer charges; 10. Failure to meet compliance schedules; 11. Failure to complete a wastewater survey or the wastewater discharge permit application; 12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or 13. Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this ordinance. Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User. G. Individual Wastewater Discharge Permit Reissuance A User with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 50.11 E of this Ordinance,a minimum of 90 days prior to the expiration of the User's existing individual wastewater discharge permit. H. Regulation of Waste Received from Other Jurisdictions 1. If another municipality, or User located within another municipality, contributes wastewater to the POTW, the Utility Director shall enter into an intermunicipal agreement with the contributing municipality. 2. Prior to entering into an agreement required by paragraph 1,above,the Utility Director shall request the following information from the contributing municipality: (a) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality; Page 23 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i (b) An inventory of all Users located within the contributing municipality that are discharging to the POTW; and (c) Such other information as the Utility Director may deem necessary. 3. An intermunicipal agreement, as required by paragraph 1, above, shall contain the following conditions: (a) A requirement for the contributing municipality to adopt a sewer use Ordinance which is at least as stringent as this Ordinance and Local Limits,including required Baseline Monitoring Reports (BMRs)which are at least as stringent as those set out in Section 50.13 of this Ordinance. The requirement shall specify that such Ordinance and limits must be revised as necessary to reflect changes made to the City's Ordinance or Local Limits; (b) A requirement for the contributing municipality to submit a revised User inventory on at least an annual basis; (c) A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Utility Director; and which of these activities will be conducted jointly by the contributing municipality and the Utility Director; (d) A requirement for the contributing municipality to provide the Utility Director with access to all information that the contributing municipality obtains as part of its pretreatment activities; (e) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW; (f) Requirements for monitoring the contributing municipality's discharge; (g) A provision ensuring the Utility Director access to the facilities of Users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Utility Director; and (g) A provision specifying remedies available for breach of the terms of the intermunicipal agreement. SECTION 50.13—REPORTING REQUIREMENTS A. Baseline Monitoring Reports 1. 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 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Utility Director a report which contains the information listed in paragraph 2, 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 Standard, shall submit to the Utility Director a report which contains the information listed in paragraph 2,below. A New Source shall report the method of pretreatment Page 24 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i it intends to use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. 2. Users described above shall submit the information set forth below. (a) All information required in Section 50.11E 1(a)-(h). (b) Measurement of pollutants. (1) The User shall provide the information required in Section 50.11. (2) The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph. (3) Samples should 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 User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e)to evaluate compliance with the Pretreatment Standards.Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority; (4) Sampling and analysis shall be performed in accordance with Section 50.13J and K; (5) The Utility Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures; (6) The baseline report 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. (c) Compliance Certification. A statement, reviewed by the User's Authorized Representative as defined in Section 50.011)(3) and certified 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 to meet the Pretreatment Standards and Requirements. (d) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 50.1313 of this Ordinance. (e) Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 50.13N of this Ordinance and signed by an Authorized Representative as defined in Section 50.011)3. B. Compliance Schedule Progress Reports The following conditions shall apply to the compliance schedule required by Section 50.13A(2)(d) of this Ordinance: 1. The schedule shall contain progress increments 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 User to meet the applicable Pretreatment Standards(such events include,but are not Page 25 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i limited to,hiring an engineer,completing preliminary and final plans,executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); 2. No increment referred to above shall exceed nine(9)months; 3. The User shall submit a progress report to the Utility Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate,the steps being taken by the User to return to the established schedule; and 4. In no event shall more than nine (9) months elapse between such progress reports to the Utility Director. C. Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the Utility Director a report containing the information described in Section 50.11 E and 50.13A.of this Ordinance. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 50.02B,this report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 50.13N of this Ordinance. All sampling will be done in conformance with Section 50.13J. D. Periodic Compliance Reports 1. All Significant Industrial Users must, at a frequency determined by the Utility Director submit no less than twice per year (June and December) reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Utility Director or the Pretreatment Standard necessary to determine the compliance status of the User. 2. All periodic compliance reports must be signed and certified in accordance with Section 50.06N of this Ordinance. 3. All wastewater samples must be representative of the 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 a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. 4. If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Utility Director, using the procedures prescribed in Section 50.13K of this Ordinance, the results of this monitoring shall be Page 26 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i included in the report. E. Reports of Changed Conditions Each User must notify the Utility Director of any significant changes to the User's operations or system which might alter the nature,quality,or volume of its wastewater at least thirty(30)days before the change. 1. The Utility Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 50.11 E of this Ordinance. 2. The Utility Director may issue an individual wastewater discharge permit under Section 50.11G of this Ordinance or modify an existing wastewater discharge permit under Section 50.12D of this Ordinance in response to changed conditions or anticipated changed conditions. F. Reports of Potential Problems 1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature,a non-customary batch discharge, a Slug Discharge or Slug Load,that might cause potential problems for the POTW,the User shall immediately telephone and notify the Utility Director of the incident. This notification shall include the location of the discharge,type of waste, concentration and volume, if known, and corrective actions taken by the User. 2. Within five(5)days following such discharge,the User shall,unless waived by the Utility Director, submit a detailed written report describing the cause(s)of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the 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 User of any fines, penalties,or other liability which may be imposed pursuant to this Ordinance. 3. A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph 1, above. Employers shall ensure that all employees,who could cause such a discharge to occur, are advised of the emergency notification procedure. 4. Significant Industrial Users are required to notify the Utility Director immediately of any changes at its facility affecting the potential for a Slug Discharge. 5. Upon evaluation, the Utility Director may require any Industrial User to develop an accidental discharge/slug control plan to prevent accidental discharges, discharges of a non-routine, episodic nature, non-customary batch discharges, slug discharges, and slug loads that might cause potential problems for the POTW. An accidental discharge/slug control plan shall address information as required by Section 50.l OC of this Ordinance. G. Reports from Unpermitted Users All Users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Utility Director as the Utility Director may require. H. Notice of Violation/Repeat Sampling and Reporting Page 27 of 41 V:\Sewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i If sampling performed by a User indicates a violation, the User must notify the Utility Director within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Utility Director within thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the City performs sampling at the User's facility at least once a month, or if the City performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the Industrial User. I. Notification of the Discharge of Hazardous Waste 1. Any User who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261,the EPA hazardous waste number, and the type of discharge (continuous,batch,or other). If the User discharges more than one hundred(100)kilograms of such waste per calendar month to the POTW,the notification also shall contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve(12) months. All notifications must take place no later than one hundred and eighty(180)days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However,notifications of changed conditions must be submitted under Section 50.13E of this Ordinance. The notification requirement in this Section does not apply to pollutants already reported by Users subject to categorical Pretreatment Standards under the self- monitoring requirements of Sections 50.13 A, C,and D of this Ordinance. 2. Dischargers are exempt from the requirements of paragraph A 1, above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d)and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the User discharges more than such quantities of any hazardous waste do not require additional notification. 3. In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the User must notify the Utility Director, 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. 4. In the case of any notification made under this Section, the User shall certify that it 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. 5. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Ordinance, a permit issued thereunder, or any applicable Federal or State law. J. Analytical Requirements Page 28 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report 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 Utility Director or other parties approved by EPA. K. Sample Collection 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,based on data that is representative of conditions occurring during the reporting period. 1. Except as indicated in Section 2 and 3 below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Utility Director. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols(including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 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. Composite 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 Limits. 2. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. 3. For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 50.13 A and 50.13 C [40 CFR 403.12(b)and(d)],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 sampling data do not exist; for facilities for which historical sampling data are available,the Utility Director may authorize a lower minimum. For the reports required by paragraphs Section 50.13D [40 CFR 403.12(e) and 403.12(h)], the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements. L. Date of Receipt of Reports 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 United States Postal Service,the date of receipt of the report shall govern. M. Recordkeeping Users subject to the reporting requirements of this Ordinance shall retain,and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements and documentation associated with Best Management Practices. Page 29 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three(3)years. This period shall be automatically extended for the duration of any litigation concerning the User or the City,or where the User has been specifically notified of a longer retention period by the Utility Director N. Certification Statements Certification of Permit Applications and; User Reports and initial N4eniter mer—The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 50.11 G; Users submitting baseline monitoring reports under Section 50.13 A.2(e) [Note: See 40 CFR 403.12 (1)1; Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Section 50.13 C and; Users submitting periodic compliance reports required by Section 50.13D.1-4. The following certification statement must be signed by an Authorized Representative as defined in Section 50.01 D3: 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 assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those 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 fine and imprisonment for knowing violations. SECTION 50.14—COMPLIANCE MONITORING A. Right of Entry: Inspection and Sampling The Utility Director shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this Ordinance and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Utility Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. 1. Where a User has security measures in force which require proper identification and clearance before entry into its premises,the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Utility Director shall be permitted to enter without delay for the purposes of performing specific responsibilities. 2. The Utility Director shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations. 3. The Utility Director may require the User to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy. 4. 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 User at the written or verbal request of the Utility Director and shall not be replaced. The costs of clearing such access shall be born by the User. Page 30 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 5. Unreasonable delays in allowing the Utility Director access to the User's premises shall be a violation of this Ordinance. 6. There must be ample room in or near the User's inspection,sampling,and flow measurement facility to allow accurate sampling and preparation of samples for analysis. The User must maintain the inspection, sampling,and flow measurement facility,and its sampling and measuring equipment,at all times in a safe and proper operating condition at the User's expense. Whether constructed on public or private property, the User must construct the inspection, sampling, and flow measurement facility in accordance with the City's requirements and all applicable local construction standards and specifications. The User must complete construction of the inspection, sampling, and flow measurement facility within ninety (90) days following the City's written notification. B. Search Warrants If the Utility Director 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 Ordinance,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 Ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Utility Director may seek issuance of a search warrant from the Clark County Circuit or Superior Court. SECTION 50.15—CONFIDENTIAL INFORMATION Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the Utility Director's inspection and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Utility Director,that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. SECTION 50.16—PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The Utility Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users(or any other Industrial User that violates paragraphs C, D or H of this Section)and shall mean: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a Page 31 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i six-(6-)month period exceed(by any magnitude)a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 50.02; B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six- (6-) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 50.02 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a Pretreatment Standard or Requirement as defined by Section 50.02 (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the Utility Director 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 the public or to the environment, or has resulted in the Utility Director's exercise of its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines,periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation(s), which may include a violation of Best Management Practices, which the Utility Director determines will adversely affect the operation or implementation of the local pretreatment program. SECTION 50.17—ADMINISTRATIVE ENFORCEMENT REMEDIES A. Notification of Violation When the Utility Director finds that a User has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder,or any other Pretreatment Standard or Requirement, the Utility Director may serve upon that User a written Notice of Violation. Within fifteen (15) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof,to include specific required actions, shall be submitted by the User to the Utility Director. Submission of such a plan in no way relieves the 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 Utility Director to take any action, including emergency actions or any other enforcement action,without first issuing a Notice of Violation. B. Consent Orders The Utility Director may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the Page 32 of 41 V:\Sewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 50.17 D and E of this Ordinance and shall be judicially enforceable. C. Show Cause Hearing The Utility Director may order a User which has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder,or any other Pretreatment Standard or Requirement, to appear before the Utility 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 User as defined in Section 50.01 D3. A show cause hearing shall not be a bar against,or prerequisite for,taking any other action against the User. D. Compliance Orders When the Utility Director finds that a User has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder,or any other Pretreatment Standard or Requirement, the Utility Director may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the 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 sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the 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 User. E. Cease and Desist Orders When the Utility Director finds that a User has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit,or order issued hereunder,or any other Pretreatment Standard or Requirement,or that the User's past violations are likely to recur,the Utility Director may issue an order to the User directing it to cease and desist all such violations and directing the 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. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for,taking any other action against the User. F.Administrative Fines 1. When the Utility Director finds that a User has violated, or continues to violate, any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement,the Utility Director may fine such User in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500). Such fines shall be assessed on a per- Page 33 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 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. 2. Unpaid charges, fines, and penalties shall, after thirty (30)calendar days, be assessed an additional penalty of one percent (1%) of the unpaid balance, and interest shall accrue thereafter at a rate of one and a half percent (1.5%) per month. A lien against the User's property shall be sought for unpaid charges, fines, and penalties. 3. Users desiring to dispute such fines must file a written request for the Utility Director to reconsider the fine along with full payment of the fine amount within ten(10)days of being notified of the fine. Where a request has merit,the Utility Director may convene a hearing on the matter. In the event the User's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the User. The Utility Director may add the costs of preparing administrative enforcement actions, such as notices and orders,to the fine. 4. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User. G. Emergency Suspensions The Utility Director may immediately suspend a User's discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present,or cause an imminent or substantial endangerment to the health or welfare of persons. The Utility Director may also immediately suspend a User's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW,or which presents, or may present, an endangerment to the environment. 1. Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User's failure to immediately comply voluntarily with the suspension order,the Utility Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Utility Director may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Utility Director that the period of endangerment has passed,unless the termination proceedings in Section 50.17H of this Ordinance are initiated against the User. 2. A User that is responsible, in whole or in part,for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence,to the Utility Director prior to the date of any show cause or termination hearing under Sections 50.17C or H of this Ordinance. Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section. H. Termination of Discharge In addition to the provisions in Section 50.12F of this Ordinance, any User who violates the following conditions is subject to discharge termination: 1. Violation of individual wastewater discharge permit conditions; 2. Failure to accurately report the wastewater constituents and characteristics of its discharge; Page 34 of 41 V:\Sewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; 4. Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or 5. Violation of the Pretreatment Standards in Section 50.02 of this Ordinance. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 50.17C of this Ordinance why the proposed action should not be taken. Exercise of this option by the Utility Director shall not be a bar to, or a prerequisite for, taking any other action against the User. SECTION 50.18--JUDICIAL ENFORCEMENT REMEDIES A. Injunctive Relief When the Utility Director finds that a User has violated, or continues to violate, any provision of this Ordinance,an individual wastewater discharge permit, or order issued hereunder,or any other Pretreatment Standard or Requirement, the Utility Director may petition the Clark County Circuit or Superior Court through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this Ordinance on activities of the User. The Utility Director may also seek such other action as is appropriate for legal and/or equitable relief,including a requirement for the 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 a User. B. Civil Penalties 1. A User who has violated, or continues to violate, any provision of this Ordinance, an individual 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 of$2,000 but not less than $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. 2. The Utility Director 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. 3. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the User's violation, corrective actions by the User, the compliance history of the User, and any other factor as justice requires. 4. Filing a suit for civil penalties shall not be a bar against,or a prerequisite for,taking any other action against a User. C. Remedies Nonexclusive Page 35 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i The remedies provided for in this Ordinance are not exclusive. The Utility Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Utility Director may take other action against any User when the circumstances warrant. Further, the Utility Director is empowered to take more than one enforcement action against any noncompliant User. SECTION 50.19—SUPPLEMENTAL ENFORCEMENT ACTION A. Penalties for Late Reports A penalty of not less than$50.00 but not more than$1,000.00 may be assessed to any User for each day that a report required by this Ordinance, a permit or order issued hereunder is late; beginning five days after the date the report is due. Actions taken by the Utility Director to collect late reporting penalties shall not limit the Utility Director's authority to initiate other enforcement actions that may include penalties for late reporting violations. B. Performance Bonds The Utility Director may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to comply with any provision of this Ordinance, a previous individual wastewater discharge permit,or order issued hereunder,or any other Pretreatment Standard or Requirement,unless such User first files a satisfactory bond,payable to the City,in a sum not to exceed a value determined by the Utility Director to be necessary to achieve consistent compliance. C. Liability Insurance The Utility Director may decline to issue or reissue an individual wastewater discharge to any User who has failed to comply with any provision of this Ordinance, a previous individual wastewater discharge permit, or order issued hereunder,or any other Pretreatment Standard or Requirement, unless the User first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. D. Payment of Outstanding Fees and Penalties The Utility Director may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this Ordinance,a previous individual wastewater discharge permit, or order issued hereunder. E. Water Supply Severance Whenever a User has violated or continues to violate any provision of this Ordinance, an individual wastewater discharge permit,or order issued hereunder,or any other Pretreatment Standard or Requirement, water service to the User may be severed. Service will recommence, at the User's expense, only after the User has satisfactorily demonstrated its ability to comply. F. Public Nuisances A violation of any provision of this Ordinance, an individual wastewater discharge permit, or order issued hereunder,or any other Pretreatment Standard or Requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Utility Director. Any person(s)creating a public nuisance shall be Page 36 of 41 V:\Sewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i subject to the provisions of 2010-OR-30 governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. G. Informant Rewards The Utility Director may pay up to five hundred dollars ($500.00) for information leading to the discovery of noncompliance by a User. In the event that the information provided results in a civil penalty or an administrative fine levied against the User,the Utility Director may disperse up to ten percent(10%)of the collected fine or penalty to the informant. However, a single reward payment may not exceed one thousand dollars($1000.00). SECTION 50.20—AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS A. Upset 1. For the purposes of this Section, 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 User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,or careless or improper operation. 2. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of paragraph(c), below, are met. 3. A User who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed, contemporaneous operating logs, or other relevant evidence that: (a)An upset occurred and the User can identify the cause(s)of the upset; (b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (c)The User has submitted the following information to the Utility Director within twenty-four(24) hours of becoming aware of the upset if this information is provided orally,a written submission must be provided within five (5)days: (1)A description of the indirect discharge and cause of noncompliance; (2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (3) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. 4. In any enforcement proceeding,the User seeking to establish the occurrence of an upset shall have the burden of proof. 5. Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards. Page 37 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 6. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. B. Prohibited Discharge Standards A User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 50.02A 1 of this Ordinance or the specific prohibitions in Sections 50.02A2 of this Ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or Interference and that either: 1. A Local Limit exists for each pollutant discharged and the User was in compliance with each limit directly prior to, and during, the Pass Through or Interference; or 2. No Local Limit exists,but the discharge did not change substantially in nature or constituents from the User's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of Interference,was in compliance with applicable sludge use or disposal requirements. C. Bypass 1. For the purposes of this Section, (a) Bypass means the intentional diversion of wastestreams from any portion of a User's treatment facility. (b) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 2. A User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs 3 and 4 of this Section. 3. Bypass Notifications (a) If a User knows in advance of the need for a bypass, it shall submit prior notice to the Utility Director, at least ten(10)days before the date of the bypass, if possible. (b) A User shall submit oral notice to the Utility Director of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four(24)hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5)days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected,the anticipated time it is expected to continue; and steps taken or planned to reduce,eliminate, and prevent reoccurrence of the bypass. The Utility Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four(24)hours. Page 38 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 4. Bypass (a) Bypass is prohibited,and the Utility Director may take an enforcement action against a User for a bypass, unless (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes,or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3)The User submitted notices as required under paragraph 3 of this section. (b) The Utility Director may approve an anticipated bypass, after considering its adverse effects, if the Utility Director determines that it will meet the three conditions listed in paragraph 4(a)of this Section. SECTION 50.21—MISCELLANEOUS PROVISIONS A. Pretreatment Charges and Fees. The City hereby adopts the following fees for reimbursement of costs of operating and maintaining the City's Pretreatment Program.: 1. The fee for wastewater discharge permit applications including the cost of processing such applications and permit issuance shall be $500.00; 2. The fee for reviewing plans and specifications for any new or modifications to existing pretreatment facilities shall be $125.00 per plan review; 3. Fees for monitoring and surveillance procedures including the cost of collection and analyzing a User's discharge shall be $500.00; 4. Fees for conducting the annual inspection of User's pretreatment system including reviewing monitoring reports and certification statements submitted by Users pursuant to the monitoring and inspection activities shall be $500.00. 5. The fee for responding to and/or reviewing the circumstances of accidental discharges and any construction inspections associated with the dischargers pretreatment facilities shall be$100.00 plus any associated additional costs including but not limited to sampling and analytical costs, overtime and/or rental of any equipment needed to respond to the accidental discharge; 6. The fee for filing any appeal associated with the permitting or compliance activities shall be$100.00; 7. The fees to recover administrative and legal costs (not included in Section 50.15.A.2) associated with the enforcement activity taken by the Utility Director to address IU noncompliance shall be based on the actual cost incurred; 8. Each SIU with an active lU Permit shall be charged an annual fee of$100.00 due January 1 each calendar year in which the permit is active; Page 39 of 41 VASewer Use Ordinance\1.30.17 SUO Revisions\SUO Revisions 1.3.17.docx i 9. The fee for annual grease trap inspections shall be $25.00, to be paid at the time of the inspection. If the grease trap is found to be in noncompliance and requires a second inspection there will be another$25.00 fee due at the time of the second inspection. 10. The fees collected as a result of this provision shall be deposited in a separate fund to be used as funding for the Wastewater Department to carry out the requirements of the pretreatment program; and 11. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines, and penalties chargeable by the City. B. Severability If any provision of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. SECTION 50.22—EFFECTIVE DATE This Ordinance shall be in full force and effect immediately following its passage,approval,and publication, as provided by law. 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